FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care for Members of the Armed Forces Exposed to Chemical Hazards Act of 2009''. SEC. 2. ESTABLISHMENT OF REGISTRIES OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES EXPOSED IN LINE OF DUTY TO OCCUPATIONAL AND ENVIRONMENTAL HEALTH CHEMICAL HAZARDS. (a) Establishment.--For each occupational and environmental health chemical hazard of particular concern, the Secretary of Defense shall establish and administer a registry of members and former members of the Armed Forces who were exposed in the line of duty to such hazard on or after September 11, 2001. (b) Registration.--For every member and former member of the Armed Forces who was exposed in the line of duty to a hazard described in subsection (a), the Secretary shall-- (1) register such member or former member in such registry; and (2) collect such information about such member or former member as the Secretary considers appropriate for purposes of establishing and administering such registry. (c) Notification.--In the case that the Secretary learns that a member or former member of the Armed Forces may have been exposed in the line of duty to a hazard described in subsection (a), the Secretary shall-- (1) notify of such exposure-- (A) such member or former member; (B) the commanding officer of the unit to which such member or former member belonged at the time of such exposure; and (C) in the case of a member of the National Guard, the Adjutant General of the State concerned; and (2) inform such member or former member that such member or former member may be included in the registry required by subsection (a) for such hazard. (d) Examination.--Not later than 30 days after the date on which the Secretary becomes aware of an exposure of a member or former member of the Armed Forces to a hazard described in subsection (a) and annually thereafter, the Secretary shall provide such member or former member-- (1) a complete physical and medical examination; (2) consultation and counseling with respect to the results of such physical and examination; and (3) a copy of the documentation of such exposure in the member's or former member's medical record maintained by the Department of Defense. (e) Occupational and Environmental Health Chemical Hazard of Particular Concern Defined.--In this section, the term ``occupational and environmental health chemical hazard of particular concern'' means an occupational and environmental health chemical hazard that the Secretary of Defense determines is of particular concern after considering appropriate guidelines and standards for exposure, including the following: (1) The military exposure guidelines specified in the January 2002 Chemical Exposure Guidelines for Deployed Military Personnel, United States Army Center for Health Promotion and Preventive Medicine Technical Guide 230 (or any successor technical guide that establishes military exposure guidelines for the assessment of the significance of field exposures to occupational and environmental health chemical hazards during deployments). (2) Occupational and environmental health chemical exposure standards promulgated by the Occupational Safety and Health Administration. SEC. 3. SCIENTIFIC REVIEW OF ASSOCIATION OF INCIDENTS OF EXPOSURE TO OCCUPATIONAL AND ENVIRONMENTAL HEALTH CHEMICAL HAZARDS WITH HEALTH CONSEQUENCES. (a) Agreement.-- (1) In general.--The Secretary of Defense shall seek to enter into an agreement with the Institute of Medicine of the National Academies for the Institute of Medicine to perform the services covered by this section. (2) Timing.--The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 2 months after the date of the enactment of this Act. (b) Review of Scientific Evidence.--Under an agreement between the Secretary of Defense and the Institute of Medicine under this section, the Institute of Medicine shall, for each incident of exposure involving one or more members of the Armed Forces reported in a registry established under section 2(a) to an occupational and environmental health chemical hazard of particular concern, review and summarize the scientific evidence, and assess the strength thereof, concerning the association between the exposure to such hazard and acute and long-term health consequences of such exposure. (c) Scientific Determinations Concerning Health Consequences.-- (1) In general.--For each incident of exposure reviewed under subsection (b), the Institute of Medicine shall determine (to the extent that available scientific data permit meaningful determinations)-- (A) whether a statistical association with the acute and long-term health consequences exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association; and (B) whether there exists a plausible biological mechanism or other evidence of a causal relationship between the occupational and environmental health chemical hazard and the health consequences. (2) Discussion and reasoning.--The Institute of Medicine shall include in its reports under subsection (f) a full discussion of the scientific evidence and reasoning that led to its conclusions under this subsection. (d) Recommendations for Additional Scientific Studies.-- (1) In general.--The Institute of Medicine shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to exposure to occupational and environmental health chemical hazards of particular concern. (2) Considerations.--In making recommendations for further study, the Institute of Medicine shall consider the following: (A) The scientific information that is currently available. (B) The value and relevance of the information that could result from additional studies. (e) Subsequent Reviews.--The agreement under subsection (a) shall require the Institute of Medicine-- (1) to conduct periodically as comprehensive a review as is practicable of the evidence referred to in subsection (b) that has become available since the last review of such evidence under this section; and (2) to make its determinations and estimates on the basis of the results of such review and all other reviews conducted for the purposes of this section. (f) Reports.-- (1) Reports to congress.-- (A) In general.--The agreement under subsection (a) shall require the Institute of Medicine to submit, not later than the end of the 18-month period beginning on the date of the enactment of this Act and not less frequently than once every 2 years thereafter, to the appropriate committees of Congress a report on the activities of the Institute of Medicine under the agreement. (B) Contents.--The report described in subparagraph (A) shall include the following: (i) The determinations and discussion referred to in subsection (c). (ii) Any recommendations of the Institute of Medicine under subsection (d). (2) Reports to secretary of defense.--The agreement under subsection (a) shall require the Institute of Medicine, in the case that the Institute of Medicine makes any conclusive determination under subsection (c)(1) with respect to any incident of exposure studied under subsection (b), to submit, not later than 30 days after the date of such determination, to the Secretary of Defense a report describing such determination. (g) Notice to Members and Former Members of the Armed Forces.--The Secretary of Defense shall notify members and former members of the Armed Forces listed in a registry established under section 2(a) for exposure to an occupational and environmental health chemical hazard of particular concern of-- (1) any conclusive determinations made with respect to such exposure under subsection (c)(1); and (2) any other significant developments in research on the health consequences of exposure to such hazard. (h) Limitation on Authority.--The agreement under this section shall be effective for a fiscal year to the extent that appropriations are available to carry out the agreement. (i) Sunset.--This section shall cease to be effective 10 years after the last day of the fiscal year in which the Institute of Medicine submits to the Secretary of Defense the first report under subsection (f). (j) Alternative Contract Scientific Organization.-- (1) In general.--If the Secretary of Defense is unable within the time period prescribed in subsection (a)(2) to enter into an agreement described in subsection (a)(1) with the Institute of Medicine on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate scientific organization that-- (A) is not part of the Government; (B) operates as a not-for-profit entity; and (C) has expertise and objectivity comparable to that of the Institute of Medicine. (2) Treatment.--If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to the Institute of Medicine shall be treated as a reference to the other organization. (k) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. (2) Occupational and environmental health chemical hazard of particular concern.--The term ``occupational and environmental health chemical hazard of particular concern'' means an occupational and environmental health chemical hazard that the Secretary of Defense determines is of particular concern after considering appropriate guidelines and standards for exposure, including the following: (A) The military exposure guidelines specified in the January 2002 Chemical Exposure Guidelines for Deployed Military Personnel, United States Army Center for Health Promotion and Preventive Medicine Technical Guide 230 (or any successor technical guide that establishes military exposure guidelines for the assessment of the significance of field exposures to occupational and environmental health chemical hazards during deployments). (B) Occupational and environmental health chemical exposure standards promulgated by the Occupational Safety and Health Administration. SEC. 4. REVISION IN AUTHORITIES FOR PROVISION OF HEALTH CARE FOR CERTAIN VETERANS EXPOSED TO OCCUPATIONAL AND ENVIRONMENTAL HEALTH CHEMICAL HAZARDS. (a) Authorized Inpatient Care.--Section 1710(e) of title 38, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following: ``(F) A veteran who was exposed in the line of duty to an occupational and environmental health chemical hazard of particular concern is eligible (subject to paragraph (2)) for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure.''; (2) in paragraph (2), by adding at the end the following: ``(C) In the case of a veteran described in paragraph (1)(F), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to-- ``(i) a disability that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than an exposure described in paragraph (1)(F); or ``(ii) a health effect for which the National Academy of Sciences, in a report issued in accordance with section 3 of the Health Care for Members of the Armed Forces Exposed to Chemical Hazards Act of 2009, has determined that there is limited or suggestive evidence of the lack of a positive association between occurrence of the health consequences in humans and exposure to an occupational and environmental health chemical hazard of particular concern.''; and (3) in paragraph (4), by adding at the end the following: ``(C) The term `occupational and environmental health chemical hazard of particular concern' means an occupational and environmental health chemical hazard that the Secretary of Defense determines is of particular concern after considering appropriate guidelines and standards for exposure, including the following: ``(i) The military exposure guidelines specified in the January 2002 Chemical Exposure Guidelines for Deployed Military Personnel, United States Army Center for Health Promotion and Preventive Medicine Technical Guide 230 (or any successor technical guide that establishes military exposure guidelines for the assessment of the significance of field exposures to occupational and environmental health chemical hazards during deployments). ``(ii) Occupational and environmental health chemical exposure standards promulgated by the Occupational Safety and Health Administration.''. (b) Technical Amendment.--Section 1710(e)(4) of such title is amended in the matter before subparagraph (A) by striking ``For purposes of this subsection--'' and inserting ``In this subsection:''.

Health Care for Members of the Armed Forces Exposed to Chemical Hazards Act of 2009 - Directs the Secretary of Defense, for each occupational and environmental health chemical hazard of particular concern, to establish and administer a registry of members and former members of the Armed Forces who were exposed to such hazard in the line of duty on or after September 11, 2001. Requires the Secretary to: (1) notify a member or former member who may have been exposed to such a hazard; and (2) provide a complete physical and medical examination of such individual. Directs the Secretary to enter into an agreement with the Institute of Medicine of the National Academies for the Institute of Medicine under which the Institute, for each incident of exposure reported in a registry, shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between the exposure to such hazard and acute and long-term health consequences of such exposure. Requires the Institute to: (1) make recommendations for necessary additional scientific studies; and (2) conduct periodic subsequent reviews of such evidence. Requires members and former members listed in registries to be notified of any conclusive determinations with respect to such exposure, as well as any other significant related developments. Makes any veteran who was exposed in the line of duty to an occupational and environmental health chemical hazard of particular concern eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs (VA) for any disability, notwithstanding insufficient medical evidence to conclude that the disability may be associated with such exposure.

To require the Secretary of Defense to establish registries of members and former members of the Armed Forces exposed in the line of duty to occupational and environmental health chemical hazards, to amend title 38, United States Code, to provide health care to veterans exposed to such hazards, and for other purposes.

SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN AND USED AS SLAVE LABOR DURING WORLD WAR II. (a) Findings.--Congress makes the following findings: (1) During World War II, members of the United States Armed Forces fought valiantly against Japanese military forces in the Pacific. In particular, from December 1941 until May 1942, United States military personnel fought courageously against overwhelming Japanese military forces on Wake Island, Guam, the Philippine Islands, including the Bataan Peninsula and Corregidor, and the Dutch East Indies, thereby preventing Japan from accomplishing strategic objectives necessary for achieving a decisive military victory in the Pacific during World War II. (2) During initial military actions in the Philippines, United States troops were ordered to surrender on April 9, 1942, and were forced to march 65 miles to prison camps at Camp O'Donnell, Cabanatuan, and Bilibid. More than 10,000 Americans died during the march, known as the ``Bataan Death March'', and during subsequent imprisonment as a result of starvation, disease, and executions. (3) Beginning in January 1942, the Japanese military began transporting United States prisoners of war to Japan, Taiwan, Manchuria, and Korea to perform slave labor to support Japanese industries. Many of the unmarked merchant vessels in which the prisoners were transported, called ``Hell Ships'', were attacked by American naval and air forces, which, according to some estimates, resulted in more than 3,600 American fatalities. (4) Following the conclusion of World War II, the United States Government agreed to pay compensation to United States ex-prisoners of war amounting to $2.50 per day of imprisonment. This compensation was to be paid from Japanese assets frozen by the United States Government. However, the compensation could never fully compensate those ex-prisoners of war for the sacrifice they endured. Neither the Government of Japan nor any Japanese corporation admits any liability requiring payment or compensation. (5) Other Allied nations, including Canada, the United Kingdom, and the Netherlands, have authorized payment of gratuities to their surviving veterans who were captured by the Japanese during World War II and required to perform slave labor. (b) Purpose.--The purpose of this section is to recognize, by the provision of compensation, the heroic contributions of the members of the Armed Forces and civilian employees of the United States who were captured by the Japanese military during World War II and denied their basic human rights by being made to perform slave labor by Japanese corporations during World War II. (c) Payment of Compensation Required.-- (1) In general.--The Secretary of Defense shall pay compensation to each living selected veteran or civilian internee, or the surviving spouse of a selected veteran or civilian internee, in the amount of $20,000. (2) Rebuttable presumption.--An application for compensation submitted under this section by or with respect to an individual seeking treatment as a selected veteran or civilian internee under this section is subject to a rebuttable presumption that such individual is a selected veteran or civilian internee if the application on its face provides information sufficient to establish such individual as a selected veteran or civilian internee. (d) Relationship to Other Payments.--Any amount paid a person under this section for activity described in subsection (f)(1)(D) is in addition to any other amount paid such person for such activity under any other provision of law. (e) Unavailability for Payment of Attorney Fees in Class Action Suits.--No funds authorized to be appropriated for the payment of compensation under this section, or paid under this section, may be utilized for the payment of attorney fees incurred in any class action law suit seeking the payment of compensation described in subsection (c) or a similar payment for activity described in subsection (f)(1)(D). (f) Definitions.--In this section: (1) Selected veteran or civilian internee.--The term ``selected veteran or civilian internee'' means any individual who-- (A) was a member of the Armed Forces, a civilian employee of the United States, or an employee of a contractor of the United States during World War II; (B) served in or with United States combat forces during World War II; (C) was captured and held as a prisoner of war or prisoner by Japan in the course of such service; and (D) was required by one or more Japanese corporations to perform slave labor during World War II. (2) Slave labor.--The term ``slave labor'' means forced servitude under conditions of subjugation.

Directs the Secretary of Defense to pay a specified amount of compensation to those members of the Armed Forces and U.S. civilian employees, or to the surviving spouses of such members and employees, who were captured by Japan and who were used as slave labor during World War II.

A bill to require the payment of compensation to members of the Armed Forces and civilian employees of the United States who performed slave labor for Japanese industries during World War II, or the surviving spouses of such members, and for other purposes.

SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. (a) Findings.--The Congress makes the following findings: (1) According to the Defense Intelligence Agency, the People's Liberation Army of China owns and operates a number of enterprises which produce both civilian and military products. (2) The General Staff Department of the People's Liberation Army owns and operates Polytechnologies, which is the weapons trading arm of the People's Liberation Army and has a representative office in the United States. (3) The General Logistics Department of the People's Liberation Army owns and operates a large international conglomerate known as Xinxing Corporation, which also has a representative office in the United States. (4) The People's Armed Police, which is partially controlled by the People's Liberation Army, is responsible for the occupation and suppression of dissent in Tibet and the execution of prisoners throughout China, and provides guards for the forced labor camp system in Laogai, China, owns and operates China Jingan Equipment Import and Export, which also has a representative office in the United States. (5) These and other enterprises owned by the People's Liberation Army regularly export a great variety of products to the United States, including, but not limited to, clothing, toys, shoes, hand tools, fish, minerals, and chemicals. (6) The export of products allows the People's Liberation Army to earn hard currency directly, which in turn can be used to modernize its forces. (7) The average consumer in the United States is unaware that products they are purchasing were produced by the People's Liberation Army. (8) Trade with the People's Liberation Army effectively is a subsidy of military operations of the People's Republic of China. (9) The China National Nuclear Corporation exported illicit nuclear technology to Pakistan in contravention of the Treaty on the Non-Proliferation of Nuclear Weapons and the Arms Export Control Act, thereby contributing to the threat of nuclear war on the Indian Subcontinent. (10) Naval units of the People's Liberation Army have committed aggression against the Republic of the Philippines and threatened the United States Navy's right of free passage in the South China Sea. (11) Chinese defense industrial trading companies have transferred cruise missiles to Iran, thereby threatening the safety of United States military personnel in the region. (12) Representatives of China North Industries Corporation, a Chinese Government organization, have been indicted by the United States Federal Government for smuggling of firearms and conspiracy related thereto, importation of firearms without a license, importation and sale of firearms with obliterated serial numbers, and transfer and possession of machine guns in violation of the laws of the United States. (13) Representatives of Poly Group, a Chinese Government organization, have also been indicted by the United States Federal Government for engaging in the unlawful activities described in paragraph (12). (14) Representatives of China North Industries Corporation attempted to sell solid rocket fuel to Iraq in the fall of 1990, contrary to a number of actions by the United Nations Security Council. (b) Policy.--It is the policy of the United States to prohibit the importation into the United States of goods that are produced, manufactured, or exported by the People's Liberation Army or Chinese defense industrial trading companies. SEC. 2. PROHIBITION ON CERTAIN IMPORTS. (a) In General.--Notwithstanding any other provision of law, no good that is produced, manufactured, or exported by the People's Liberation Army or a Chinese defense industrial trading company may be entered, or withdrawn from warehouse for consumption, into the customs territory of the United States. (b) Determination of Chinese Defense Industrial Trading Companies.-- (1) In general.--Subject to paragraphs (2) and (3), not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall determine which persons are Chinese defense industrial trading companies for purposes of this Act. The Secretary shall publish a list of such persons in the Federal Register. (2) Public hearing.-- (A) General rule.--Before making the determination and publishing the list required by paragraph (1), the Secretary of the Treasury shall hold a public hearing for the purpose of receiving oral and written testimony regarding the persons to be included on the list. (B) Additions and deletions.--The Secretary of the Treasury may add or delete persons from the list based on information available to the Secretary or upon receipt of a request containing sufficient information to take such action. (3) Chinese defense industrial trading company.--For purposes of making the determination required by paragraph (1), the term ``Chinese defense industrial trading company''-- (A) means a person that is-- (i) engaged in manufacturing, producing, or exporting, and (ii) affiliated with or owned, controlled, or subsidized by the People's Liberation Army, and (B) includes any person identified in the United States Defense Intelligence Agency publication numbered VP-1920-271-90, dated September 1990, or PC-1921-57-95, dated October 1995. (c) Effective Date.--Subsection (a) shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 45th day after the date of the enactment of this Act. SEC. 3. DEFINITION. For purposes of this Act, the term ``People's Liberation Army'' means any branch or division of the land, naval, or air military service or the police of the Government of the People's Republic of China.

Prohibits the importation into the United States of goods manufactured or exported by the People's Liberation Army or Chinese defense industrial trading company.

To prohibit the importation into the United States of goods produced, manufactured, or exported by the People's Liberation Army of China or any Chinese defense industrial trading company.

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Utah Valley Electric Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Distribution fixture land.--The term ``distribution fixture land'' means the Federal land or interests in Federal land-- (A) on which fixtures are located on the date of enactment of this Act; and (B) that are unencumbered by other Strawberry Valley Project features, to a maximum corridor width of 30 feet on each side of the centerline of the power lines of the fixtures as in existence on the date of enactment of this Act. (2) District.--The term ``District'' means the South Utah Valley Electric Service District, which is organized under the laws of the State of Utah. (3) Electric distribution system.--The term ``Electric Distribution System'' means fixtures, irrigation or power facilities land, distribution fixture land, and shared power poles. (4) Fixture.--The term ``fixture'' means any power pole, cross-member, wire, insulator, or associated fixture (including any substation) that-- (A) comprises the portions of the Strawberry Valley Project power distribution system that-- (i) are rated at a voltage of 12.5 kilovolts; and (ii) were constructed with Strawberry Valley Project revenues; and (B) any fixture described in subparagraph (A) that is located on Federal land or an interest in Federal land. (5) Irrigation or power facilities land.--The term ``irrigation or power facilities land'' means any Federal land or interest in Federal land-- (A) on which fixtures are located on the date of enactment of this Act; and (B) that is encumbered by other Strawberry Valley Project irrigation or power features, including land underlying the Strawberry Substation. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Shared power pole.--The term ``shared power pole'' means 1 or more poles that comprise the portions of the Strawberry Valley Project Power Transmission System that-- (A) are rated at a voltage of 46.0-kilovolts; (B) are owned by the United States; and (C) support fixtures. SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM. (a) In General.--If the Strawberry Water Users Association conveys to the District the interest of the Strawberry Water Users Association, if any, to the Electric Distribution System by the contract dated April 7, 1986, and the District agrees to assume from the United States all liability for administration, operation, maintenance, and replacement of the Electric Distribution System, the Secretary shall, in accordance with this Act convey and assign to the District for no additional consideration-- (1) all right, title, and interest of the United States in and to-- (A) all fixtures owned by the United States as part of the Electric Distribution System; and (B) the distribution fixture land; (2) a license for use of the shared power poles to continue to own, operate, maintain, and replace Electric Distribution Fixtures attached to the shared power poles; and (3) a license for use and access for purposes of operation, maintenance, and replacement across, over, and along-- (A) all project land and interests in irrigation and power facilities land on which the Electric Distribution System is located on the date of enactment of this Act that is necessary for other Strawberry Valley Project facilities, including land underlying the Strawberry Substation, if the ownership of the underlying land or interest in land be retained by the United States; and (B) any corridors in which Federal land and interests in land that-- (i) are abutting public streets and roads; and (ii) would provide access that would facilitate operation, maintenance, and replacement of facilities. (b) Compliance With Environmental Laws.-- (1) In general.--Before conveying the land, interests in land, and fixtures under subsection (a)(1), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the conveyed land and facilities. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. EFFECT OF CONVEYANCE. On conveyance of any land or facility under section 3(a)(1)-- (1) the conveyed and assigned land and facilities shall no longer be part of a Federal reclamation project; (2) the District shall not be entitled to receive any future Bureau or Reclamation benefits with respect to the conveyed and assigned land and facilities, except for benefits that would be available to other non-Bureau of Reclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, but shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of conveyance, consistent with chapter 171 of title 28, United States Code. SEC. 5. REPORT. If a conveyance required under section 3(a) is not completed by the date that is 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance.

South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, if the Strawberry Water Users Association conveys its interest, if any, in an electric distribution system to the South Utah Valley Electric Service District, and the District agrees to assume from the United States all liability for the administration, operation, maintenance, and replacement of the electric distribution system, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located; (2) license for use of the shared power poles; and (3) a license for use and access to all Strawberry Valley Project land and interests in irrigation and power facilities lands on which the electric distribution system is located that are necessary for other Project facilities, including land underlying the Strawberry Substation, if the ownership of such underlying land or interest is retained by the United States, and any corridors in which federal land and interests are abutting public streets and roads and would provide access to those facilities.

A bill to direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Assistance Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) small communities are concerned about improving the environmental quality of their surroundings; (2) many small communities are uncertain of the specific requirements of environmental regulations; (3) the involvement of small communities in the development of Federal environmental regulations often occurs late, if at all, in the rulemaking process; (4) small communities are often underrepresented in processes used to review regulations proposed by the Environmental Protection Agency; (5) the limited scientific, technical, and professional capacity of many small communities makes understanding regulatory requirements very difficult; (6) specific provisions in certain environmental laws pose compliance problems for small communities; and (7) the Small Town Environmental Planning Task Force, established by section 109 of the Federal Facility Compliance Act of 1992 (42 U.S.C. 6908) to examine the relationship between the Environmental Protection Agency and small communities, recommends additional efforts to improve the services offered by the Environmental Protection Agency to small communities. SEC. 3. PURPOSE. The purpose of this Act is to foster a healthy environment in which people in small communities may enjoy a sustainable and continually improving quality of life. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``advisory committee'' means the small community advisory committee established under section 5. (3) Agency.--The term ``Agency'' means the Environmental Protection Agency. (4) Small community.--The term ``small community'' means a county, parish, borough, or incorporated or unincorporated municipality with a population of fewer than 7,500 persons. SEC. 5. SMALL COMMUNITY ADVISORY COMMITTEE. (a) Establishment.--The Administrator shall establish a small community advisory committee or reconstitute an existing small community advisory committee. (b) Membership.--The advisory committee shall be composed of representatives of-- (1) small communities and unincorporated areas of the United States, including at least 1 small community member from each of the 10 Agency regions; (2) Federal and State governmental agencies; and (3) public interest groups. (c) Duties.--The advisory committee shall-- (1) identify means to improve the working relationship between the Agency and small communities; (2) serve as a mechanism for involving small communities as early as practicable in the process of developing environmental regulations, guidance, and policies; (3) provide periodic reports to Congress on the Agency's success in meeting the needs of small communities; and (4) provide such other assistance to the Administrator as the Administrator considers appropriate. SEC. 6. REGULATORY REVIEW PLAN. The Administrator shall develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under chapter 6 of title 5, United States Code (commonly known as the ``Regulatory Flexibility Act of 1980''), the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104- 121; 5 U.S.C. 601 note), and title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.). SEC. 7. REGIONAL OUTREACH TO SMALL COMMUNITIES. (a) Small Town Ombudsman Office.-- (1) Establishment.--To complement work on small communities at Agency headquarters, each regional office of the Agency shall establish and staff a Small Town Ombudsman Office. (2) Duties.--The primary responsibility of each regional Small Town Ombudsman Office shall be to serve as-- (A) an advocate for small communities; and (B) a facilitator for addressing small community concerns and programs. (3) Resources.--Using funds that are otherwise available to the Agency, the Administrator shall provide the regional Small Town Ombudsman Offices with such human and capital resources as are sufficient for the offices to carry out their functions in a timely and efficient manner. (b) Consultation Process.--Each regional Small Town Ombudsman Office shall establish a regular, on-going consultation process with small communities in the region, such as by use of a focus group, stakeholder network, or advisory board, to-- (1) serve as a mechanism for involving small communities in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies; and (2) provide such other assistance as the regional office considers appropriate. SEC. 8. SURVEY OF SMALL COMMUNITIES. (a) In General.--Every 5 years, the Small Town Ombudsman Office shall-- (1) conduct a survey of small communities; and (2) publish the results of the survey. (b) Purpose.--The purpose of the survey shall be to provide information to the Agency and others for use in regulatory planning, development, and outreach. (c) Information.--The survey shall collect information on-- (1) information sources used by small communities to learn of and implement environmental regulations; (2) the presence of facilities and activities affecting environmental quality in small communities; (3) the financial instruments used by small communities to fund the costs of environmentally related services; (4) persons in small communities that may be contacted for information on environmental compliance; (5) specific topic areas of regulation particularly relevant to small communities; (6) innovative examples of how small communities have complied with national, State, and local environmental regulations in order to protect environmental and public health; and (7) any other topic that the Administrator considers appropriate. SEC. 9. GUIDE FOR SMALL COMMUNITIES. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator shall produce and distribute to small communities a guide to Federal environmental requirements for small communities. (b) Contents.--The guide shall-- (1) describe all mandated environmental requirements applicable to small communities; and (2) provide Federal, regional, and State contacts for all such environmental requirements. (c) Updating.--Not less frequently than annually, the Administrator shall-- (1) review and update any parts of the guide that pertain to requirements that have changed; and (2) distribute guide amendments to small communities. SEC. 10. FEEDBACK PLAN. The Administrator shall develop and implement a plan for periodically obtaining feedback from small communities on the effectiveness of the Agency in-- (1) involving small communities in regulatory development and implementation; and (2) reaching out to small communities to provide educational and other assistance. SEC. 11. NO IMPOSITION OF COSTS ON SMALL COMMUNITIES. The Administrator shall not impose on any small community any cost incurred in carrying out this Act. SEC. 12. REPORT. Not later than the date that is 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the regulatory review plan developed under section 6, the feedback plan developed under section 10, and other activities conducted in carrying out this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000.

Directs the Administrator to develop and implement a plan to increase the involvement of small communities in the regulatory review processes conducted under the Regulatory Flexibility Act of 1980, the Small Business Regulatory Enforcement Fairness Act of 1996, and title II of the Unfunded Mandates Reform Act of 1995. Directs each EPA regional office to establish a Small Town Ombudsman Office to serve as an advocate for small communities and a facilitator for addressing small community concerns and programs. Requires the Offices to establish a regular, ongoing consultation process with small communities to involve them in the process of implementing, creating, and informing the public about environmental regulations, guidance, and policies and provide other appropriate assistance. Directs the Offices to survey small communities every five years to provide information for use in regulatory planning, development, and outreach. Requires the Administrator to distribute to small communities a guide to Federal environmental requirements for small communities. Directs the Administrator to implement a plan for periodically obtaining feedback from small communities on the effectiveness of EPA in involving such communities in regulatory development and implementation and reaching out to such communities to provide educational and other assistance. Authorizes appropriations.

Community Assistance Act of 2000

SECTION 1. AUTHORIZATION OF APPROPRIATIONS. Section 5(e) of the National Science Foundation Authorization Act of 2002 (Public Law 107-368; 116 Stat. 3039) is amended to read as follows: ``(e) Fiscal Year 2007.-- ``(1) In general.--There are authorized to be appropriated to the Foundation $9,839,262,000 for fiscal year 2007. ``(2) Specific allocation.--Of the amounts appropriated pursuant to paragraph (1), $50,000,000 shall be for the Partnerships for Access to Laboratory Sciences described in section 10A.''. SEC. 2. AUTHORIZATION FOR PARTNERSHIPS FOR ACCESS TO LABORATORY SCIENCES. Section 8 of the National Science Foundation Authorization Act of 2002 (Public Law 107-368; 116 Stat. 3043) is amended by adding at the end the following: ``(12) Partnerships for access to laboratory science (pals).--The partnerships for access to laboratory science described in section 10A.''. SEC. 3. PARTNERSHIPS FOR ACCESS TO LABORATORY SCIENCE DESCRIBED. The National Science Foundation Authorization Act of 2002 (Public Law 107-368; 116 Stat. 3043) is amended by inserting after section 10 the following: ``SEC. 10A. PARTNERSHIPS FOR ACCESS TO LABORATORY SCIENCE (PALS). ``(a) Program Authorized.-- ``(1) In general.-- ``(A) Authority to make grants.--The Director shall carry out a program to award grants to high-need local educational agencies to establish partnerships for access to laboratory science to improve laboratories and provide instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level. ``(B) Criteria for awarding grants.--Grants shall be awarded under this section on a competitive, merit- reviewed basis. ``(2) Partnerships.--In order to be eligible to receive a grant under this section, a high-need local educational agency shall enter into a partnership that-- ``(A) includes an institution of higher education or a community college; ``(B) includes a business or eligible nonprofit organization; and ``(C) may include a State educational agency, other public agency, National Laboratory, or community-based organization. ``(3) Federal share.--The Federal share of the cost of activities carried out using amounts from a grant under this section shall not exceed 33 percent. ``(4) Duration.--A high-need local educational agency that receives approval of a grant application submitted under this section shall be eligible to receive grants under this section for activities described in the application for a period of 3 fiscal years. ``(5) Plan required.--In order to be eligible for a grant under this section, a high-need local educational agency shall submit to the Director a plan, developed in consultation with teachers, science administrators, scientists, education researchers, and other individuals with expertise in laboratory science and classroom instruction, for carrying out the program under this section. Such plan shall-- ``(A) describe how the proposed laboratory improvements and instrumentation are consistent with State mathematics and science academic achievement standards; ``(B) describe how the proposed laboratory improvement and instrumentation are part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction, including a description of how the laboratory experiences-- ``(i) are designed to produce clear learning outcomes; ``(ii) are sequenced to complement the classroom science instruction; ``(iii) are designed to integrate science learning with science content; and ``(iv) will incorporate ongoing student reflection and discussion; ``(C) describe professional development and training activities for teachers and school personnel who will be working in the laboratory facilities; ``(D) provide assurances that all safety requirements as required by State or local ordinance or by the Director will be met; ``(E) describe how the laboratory and instrumentation will be maintained after the period of financial assistance provided under the grant; and ``(F) describe how assessment methods will be used to expand the available research literature regarding the effect of laboratory science on student understanding of scientific concepts and student achievement. ``(6) Uses of funds.--Grants awarded under this section-- ``(A) shall be used to supplement and not supplant existing programs or activities; and ``(B) shall be used for activities that draw upon the expertise of all partners to improve secondary science education by improving laboratories and providing instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level in a manner that is consistent with State mathematics and science student academic achievement standards, including-- ``(i) development of a plan for laboratory improvement and instrumentation that is consistent with State mathematics and science academic achievement standards; ``(ii) purchase, rental, or leasing of equipment, instrumentation, and other scientific educational materials; ``(iii) maintenance, renovation, and improvement of laboratory facilities; ``(iv) professional development and training for teachers; ``(v) development of curricula and instructional programs designed to integrate the laboratory experience with classroom instruction; ``(vi) training in laboratory safety for a school personnel; ``(vii) design and implementation of hands- on laboratory experiences to encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a and 1885b) in mathematics, science, engineering, and technology and help prepare such individuals to pursue postsecondary studies in these fields; ``(viii) development of tools to evaluate activities funded under this subsection; and ``(ix) any other activities the Director determines will accomplish the goals of this subsection. ``(7) Limitation on use of funds.--Grants awarded under this section shall not be used for construction of new facilities. ``(b) Selection Process.-- ``(1) Application.--A high-need local educational agency seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum-- ``(A) a description of the partnership entered into under subsection (a)(2) and the role that each member will play in implementing the proposal; ``(B) the plan described in subsection (a)(5); ``(C) a description of each of the activities to be carried out using amounts from the grant, together with-- ``(i) a description of how such activities will be aligned with State mathematics and science student academic achievement standards and with other activities that promote student achievement in mathematics and science; ``(ii) a description of how such activities will be based on a review of relevant research, including best practices; ``(iii) a description of why such activities are expected to improve student performance and strengthen the quality of mathematics and science instruction; ``(iv) a description of any activities that will encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a and 1885b) in mathematics, science, engineering, and technology and how such activities will help prepare such individuals to pursue postsecondary studies in these fields; and ``(v) a description of how changes in student achievement will be assessed; ``(D) a description of how the partnership will assess its success; and ``(E) a description of how programmatic assessments will be made available to the larger research community. ``(2) Review of applications.--In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum-- ``(A) the ability of the partnership to carry out effectively the proposed programs; ``(B) the degree to which activities carried out by the partnership are based on relevant research, including best practices, and are likely to result in increased student achievement; ``(C) the degree to which such activities are aligned with State mathematics and science student academic achievement standards; ``(D) the likelihood that the partnership will demonstrate activities that can be widely implemented as part of larger scale reform efforts; and ``(E) the extent to which the activities will encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a and 1885b) in mathematics, science, engineering, and technology and will help prepare such individuals to pursue postsecondary studies in these fields. ``(c) Accountability and Dissemination.-- ``(1) Assessment required.--The Director shall evaluate the program established under this section. At a minimum, such evaluation shall-- ``(A) use a common set of benchmarks and assessment tools to identify best practices and materials developed and demonstrated by the partnerships; and ``(B) to the extent practicable, compare the effectiveness of practices and materials developed and demonstrated by the partnerships authorized under this section with those of partnerships funded by other State or Federal agencies. ``(2) Dissemination.-- ``(A) Dissemination of results.--The Director shall make the results of the evaluation required under paragraph (1) available to the public and shall provide such results to the Committee on Science and the Committee on Education and the Workforce of the House of Representatives, and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(B) Dissemination of materials.--The Director shall make widely available to the public materials developed under the program established under this section that are demonstrated to be effective. ``(d) Technical Assistance and Coordination.-- ``(1) Technical assistance.--At the request of a high-need local educational agency, the Director shall provide the agency with technical assistance in meeting any requirements of this section, including providing advice from experts on how to develop-- ``(A) a quality application for a grant; and ``(B) quality activities from funds received from a grant under this section. ``(2) Annual meeting.--The Director, in consultation with the Secretary of Education, shall convene an annual meeting of the high-need local educational agencies that are recipients of a grant under this section to foster greater national collaboration. ``(3) Report on coordination.--The Director, in consultation with the Secretary of Education, shall provide to the Committee on Science and the Committee on Education and the Workforce of the House of Representatives, and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate, an annual report describing how the program authorized under this section has been and will be coordinated with the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.). The report required by this paragraph shall be submitted concurrently with the President's annual budget request. ``(e) Definitions.--In this section: ``(1) High-need local educational agency.--The term `high- need local educational agency' includes a local educational agency eligible to receive a grant under the Rural and Low- Income School Program authorized by section 6221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351). ``(2) National laboratory.--The term `National Laboratory' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).''.

Requires the Director of the National Science Foundation to carry out a program of awarding grants to high-need local educational agencies to establish partnerships for access to laboratory science to improve laboratories and to provide instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level.

A bill to amend the National Science Foundation Authorization Act of 2002 to authorize grants for Partnerships for Access to Laboratory Science (PALS).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Commitment Act''. SEC. 2. INCLUSION OF MEDICARE-ELIGIBLE COVERED BENEFICIARIES IN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1107. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management under which a Medicare-eligible covered beneficiary described in subsection (b) will be offered an opportunity to enroll in a health benefits plan offered through the Federal Employee Health Benefits program under chapter 89 of title 5, in addition to receiving health care services under this chapter through a treatment facility of the uniformed services, the Civilian Health and Medical Program of the Uniformed Services, or the TRICARE program. The agreement may provide for limitations on enrollment of Medicare-eligible covered beneficiaries in the Federal Employee Health Benefits program if the Office of Personnel Management determines the limitations are necessary to allow for adequate planning for access for services under the Federal Employee Health Benefits program. ``(b) Medicare-Eligible Covered Beneficiary Described.--A Medicare- eligible covered beneficiary referred to in subsection (a) is a covered beneficiary under this chapter who for any reason is or becomes entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). The covered beneficiary shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). ``(c) Continued Participation in Uniformed Services Health System.--A Medicare-eligible covered beneficiary who enrolls in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a) may continue, after such enrollment, to receive health care services through a treatment facility of the uniformed services, the Civilian Health and Medical Program of the Uniformed Services, or the TRICARE program. Section 1095 of this title, relating to collection from third-party payers, shall apply with respect to the costs of health care services incurred by the United States on behalf of an enrolled covered beneficiary through a treatment facility of the uniformed services, the Civilian Health and Medical Program of the Uniformed Services, or the TRICARE program. ``(d) Contributions.--(1) In the case of a Medicare-eligible covered beneficiary who enrolls in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a), the administering Secretary concerned shall be responsible for Government contributions that the Office of Personnel Management determines are necessary to cover all costs in excess of beneficiary contributions under paragraph (2). ``(2) The contribution required from the enrolled covered beneficiary shall be equal to the amount that would be withheld from the pay of a similarly situated Federal employee who enrolls in a health benefits plan under chapter 89 of title 5. ``(e) Management of Participation.--If the enrolled covered beneficiary is a member or former member of the uniformed services described in section 1074(b) of this title, the authority responsible for approving retired or retainer pay or equivalent pay for the member or former member shall manage the participation of the enrolled member or former member in a health benefits plan offered through the Federal Employee Health Benefits program pursuant to subsection (a). If the enrolled covered beneficiary is a dependent of a member or former member, the authority that is, or would be, responsible for approving retired or retainer pay or equivalent pay for the member or former member shall manage the participation of the enrolled dependent in a health benefits plan offered through the Federal Employee Health Benefits program under subsection (a). The Office of Personnel Management shall maintain separate risk pools for enrolled covered beneficiaries until such time as the Director of the Office of Personnel Management determines that complete inclusion of enrolled covered beneficiaries under chapter 89 of title 5 will not adversely affect Federal employees and annuitants enrolled in health benefits plans under such chapter. ``(f) Effect of Cancellation.--The cancellation by a Medicare- eligible covered beneficiary of coverage under the Federal Employee Health Benefits program shall be irrevocable for purposes of this section. ``(g) Reporting Requirements.--Not later than November 1 of each year, the administering Secretaries and the Director of the Office of Personnel Management shall jointly submit a report to Congress describing the provision of health care services to Medicare-eligible covered beneficiaries under this section during the preceding fiscal year. The report shall address or contain the following: ``(1) The number of Medicare-eligible covered beneficiaries enrolled in health benefits plans offered through the Federal Employee Health Benefits program pursuant to subsection (a), both in terms of total number and as a percentage of all Medicare-eligible covered beneficiaries receiving health care through the health care system of the uniformed services. ``(2) The out-of-pocket cost to enrolled covered beneficiaries under such health benefits plans. ``(3) The cost to the Government (including the Department of Defense, the Department of Transportation, and the Department of Health and Human Services) of providing care under such health benefits plans as a result of this section. ``(4) A comparison of the costs determined under paragraphs (2) and (3) and the costs that would have otherwise been incurred by the Government and enrolled covered beneficiaries under alternative health care options available to the administering Secretaries. ``(5) The effect of this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. ``(h) Time for Option.--The Secretary of Defense shall begin to offer the health benefits option under subsection (a) not later than January 1, 1998.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1107. Health care coverage through Federal Employees Health Benefits program.''. (b) Conforming Amendments.--Chapter 89 of title 5, United States Code, is amended-- (1) in section 8905-- (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: ``(d) An individual whom an administering Secretary described in section 1073 of title 10 determines is a medicare-eligible covered beneficiary under subsection (b) of section 1107 of such title may enroll in a health benefits plan under this chapter in accordance with the agreement entered into under subsection (a) of such section between the Secretary of Defense and the Office and in accordance with applicable regulations under this chapter.''; (2) in section 8906(b)-- (A) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (B) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan in accordance with section 8905(d) of this title, the Government contribution shall be determined under section 1107(d) of title 10.''; and (3) in section 8906(g)-- (A) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (B) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for beneficiaries who enroll in accordance with section 8905(d) of this title shall be paid as provided in section 1107(d) of title 10.''.

Health Care Commitment Act - Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which a covered CHAMPUS beneficiary who is also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in addition to receiving care through a military treatment facility, CHAMPUS, or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the administering Secretaries and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year. Requires the Secretary of Defense to begin to offer the health benefits option described under this Act no later than January 1, 1998.

Health Care Commitment Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Kidney Disease Equitable Access, Prevention, and Research Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY DISEASE Sec. 101. Improving access to care through improvements in the initial survey process for renal dialysis facilities. Sec. 102. Providing choice in primary insurer. Sec. 103. Protecting individuals with kidney failure from unfair practices. TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH-QUALITY KIDNEY CARE Sec. 201. Understanding the progression of kidney disease in minority populations. Sec. 202. Recommendations on dialysis quality and care management research gaps. Sec. 203. GAO study on transportation barriers to access kidney care. TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH KIDNEY DISEASE Sec. 301. Improving access to medicare kidney disease education. TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY DISEASE SEC. 101. IMPROVING ACCESS TO CARE THROUGH IMPROVEMENTS IN THE INITIAL SURVEY PROCESS FOR RENAL DIALYSIS FACILITIES. Section 1864 of the Social Security Act (42 U.S.C. 1395aa) is amended-- (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following new subsection: ``(e)(1) If the Secretary has entered into an agreement with any State under this section under which the appropriate State or local agency that performs any survey related to determining the compliance of a renal dialysis facility subject to the requirements of section 1881(b) and the State licensure survey requirements are consistent with or exceed such Federal requirements, the Secretary must accept the results of the State licensure survey for purposes of determining Federal certification of compliance. In the case of such an initial survey of a renal dialysis facility, the Secretary may allow any State to waive the reimbursement for conducting the survey under this section if it requests such a waiver. ``(2) In the case of a renal dialysis facility that has waited for more than 6 months to receive the results of an initial survey under this section, the Secretary shall establish a specific timetable for completing and reporting the results of the survey.''; and (3) in subsection (f), as so redesignated-- (A) by striking ``Notwithstanding any other provision of law,'' and inserting ``(1) Notwithstanding any other provision of law and except as provided in paragraph (2)''; and (B) by adding at the end the following: ``(2) The Secretary may assess and collect fees for the initial Medicare survey from a renal dialysis facility subject to the requirements of section 1881(b) in an amount not to exceed a reasonable fee necessary to cover the costs of initial surveys conducted for purposes of determining the compliance of a renal dialysis facility with the requirements of section 1881(b). Fees may be assessed and collected under this paragraph only in such manner as would result in an aggregate amount of fees collected during any fiscal year being equal to the aggregate amount of costs for such fiscal year for initial surveys of such facilities under this section. A renal dialysis facility's liability for such fees shall be reasonably based on the proportion of the survey costs which relate to such facility. Any funds collected under this paragraph shall be used only to conduct the initial survey of the facilities providing the fees. ``(3) Fees authorized under paragraph (2) shall be collected by the Secretary and available only to the extent and in the amount provided in advance in appropriations Acts and upon request of the Secretary, subject to the amount and usage limitations of such paragraph. Such fees so collected are authorized to remain available until expended.''. SEC. 102. PROVIDING CHOICE IN PRIMARY INSURER. (a) Providing Patient Choice in Medicare.-- (1) In general.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended-- (A) in the last sentence, by inserting ``and before January 1, 2013,'' after ``prior to such date)''; and (B) by adding at the end the following new sentence: ``Effective for items and services furnished on or after January 1, 2013 (with respect to periods beginning on or after the date that is 42 months prior to such date), clauses (i) and (ii) shall be applied by substituting `42-month' for `12-month' each place it appears in the first sentence.''. (2) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. For purposes of determining an individual's status under section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)), as amended by paragraph (1), an individual who is within the coordinating period as of the date of enactment of this Act shall have that period extended to the full 42 months described in the last sentence of such section, as added by the amendment made by paragraph (1)(B). (b) Providing Equitable Access to Insurance for Individuals With Kidney Failure.-- (1) Application of esrd medicare secondary payer rules to health insurance issuers.-- (A) In general.--Section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) is amended-- (i) in paragraph (1)(C), in the matter before clause (i), by inserting ``and health insurance coverage (as defined in section 2791(b) of the Public Health Service Act) that is a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act)'' after ``subparagraph (A)(v))''; (ii) in paragraph (2)(A), in the matter after clause (ii), by inserting ``a group health plan, large group health plan, or health insurance coverage (as defined in section 2791(b) of the Public Health Service Act) that is a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act) to the extent that clause (i) applies pursuant to the application of paragraph (1)(C),'' after ``to the extent that clause (i) applies,''; (iii) in paragraph (3)(C), by striking ``or a large group health plan'' and inserting ``, a large group health plan, or health insurance coverage (as defined in section 2791(b) of the Public Health Service Act) that is a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act)''; and (iv) in paragraph (7), by adding at the end the following new subparagraph: ``(E) Application to certain health insurance issuers.--The provisions of the previous subparagraphs of this paragraph shall apply to a health insurance issuer offering health insurance coverage (as defined in section 2791(b) of the Public Health Service Act) that is a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act) in the same manner as such provisions apply to an entity, a plan administrator, or a fiduciary described in subparagraph (A), except that in applying such provisions-- ``(i) the reference under subparagraph (A) to the date of the enactment of this paragraph shall be deemed a reference to the date of the enactment of this subparagraph; and ``(ii) the reference under subparagraph (A)(i) to a primary plan shall be deemed a reference to a primary plan to the extent that paragraph (2)(A)(i) applies pursuant to the application of paragraph (1)(C).''. (B) Effective date.--The amendments made by subparagraph (A) shall apply with respect to plan years beginning on or after the date of the enactment of this Act. (2) Treatment of certain individuals with end stage renal disease for determining minimum essential coverage.--Such section is further amended in paragraph (2), by adding at the end the following new subparagraph: ``(D) Treatment of certain individuals with end stage renal disease for determining minimum essential coverage.--In determining a coverage month under subsection (c)(2)(B)(i) of section 36B of the Internal Revenue Code of 1986, with respect to an individual described in paragraph (1)(C), for purposes of the premium assistance credit under such section and the application of subsection (f)(2) of section 1402 of the Patient Protection and Affordable Care Act for determining eligibility for the reduction of cost- sharing under such section, such individual shall not be treated as having minimum essential coverage described in section 5000A(f)(1)(A)(i) (relating to coverage under Medicare) for each month that a group health plan or health insurance issuer may not take into account the individual's eligibility or entitlement under this title pursuant to such paragraph (1)(C).''. SEC. 103. PROTECTING INDIVIDUALS WITH KIDNEY FAILURE FROM UNFAIR PRACTICES. (a) In General.--Section 1862(b)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)(ii)) is amended to read as follows: ``(ii) may not differentiate in the benefits it provides between individuals having end stage renal disease and other individuals covered by such plan or issuer on the basis of the existence of end stage renal disease, the need for renal dialysis, or in any other manner, and such plan-- ``(I) shall provide adequate, advanced, written notification to patients regarding changes to benefits for dialysis services, new restrictions on out-of-network access, or reductions in rates paid for out-of-network benefits for such services; ``(II) shall allow patients to continue using their existing provider or facility of such services for at least 24 months following the date of notice of any change by the plan or issuer in the dialysis services network of the plan or issuer; ``(III) shall hold patients harmless from provider network changes with respect to such services if such changes require unreasonable drive time or disrupt the physician-patient relationship; ``(IV) may not restrict the duration or number of dialysis sessions for patients, such as based on a fixed number of treatments per week, to less than the number for which payment may be made pursuant to section 1881(b)(1); ``(V) may not require assignment of benefits for such services; ``(VI) shall ensure that out-of- pocket payments for such services (including if made on behalf of the individual involved) are counted towards meeting any out-of-pocket maximum applied under an MA plan under part C and not treated as routine for purposes of calculating beneficiary copayments; ``(VII) may not deny or limit coverage for patients for such services if premiums, copayments, or other payments are made by third parties on their behalf; and ``(VIII) shall meet minimum network adequacy standards specified by the Secretary with respect to such services;''. (b) Effective Date.--The amendment made by subsection (a) shall apply to group health plans and qualified health plans as of January 1, 2014. TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH-QUALITY KIDNEY CARE SEC. 201. UNDERSTANDING THE PROGRESSION OF KIDNEY DISEASE IN MINORITY POPULATIONS. Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete a study (and submit a report to Congress) on-- (1) the social, behavioral, and biological factors leading to kidney disease; and (2) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by such disease. SEC. 202. RECOMMENDATIONS ON DIALYSIS QUALITY AND CARE MANAGEMENT RESEARCH GAPS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report regarding the research gaps with respect to the development of quality metrics and care management metrics for patients with end-stage renal disease, including pediatric and home dialysis patients. Such report shall include recommendations about undertaking research to fill such gaps and prioritizing such research. SEC. 203. GAO STUDY ON TRANSPORTATION BARRIERS TO ACCESS KIDNEY CARE. (a) In General.--The Comptroller General of the United States shall conduct an evaluation of the transportation barriers facing dialysis patients that result in less than 100 percent compliance with their plan of care under the Medicare program. (b) Specific Matters Evaluated.--In conducting the evaluation under subsection (a), the Comptroller General shall examine-- (1) the costs associated with providing dialysis services; (2) the number and characteristics of patients who miss at least 2 dialysis treatments during a month or have shortened treatments because of barriers to transportation; and (3) the potential sources of providing dialysis patients with such transportation services. (c) Report.--Not later than the date that is 6 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a) together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH KIDNEY DISEASE SEC. 301. IMPROVING ACCESS TO MEDICARE KIDNEY DISEASE EDUCATION. (a) In General.--Section 1861(ggg)(2) of the Social Security Act (42 U.S.C. 1395x(ggg)(2)) is amended-- (1) by striking subparagraph (B); and (2) in subparagraph (A)-- (A) by striking ``(A)'' after ``(2)''; (B) by striking ``and'' at the end of clause (i); (C) by striking the period at the end of clause (ii) and inserting ``; and''; (D) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (E) by adding at the end the following: ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) is a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in subsection (aa)(5)).''. (b) Payment to Renal Dialysis Facilities.--Section 1881(b) of such Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(15) For purposes of paragraph (14), the single payment for renal dialysis services under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ggg)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (c) Providing Education Services to Individuals With Kidney Failure.--Section 1861(ggg)(1)(A) of the Social Security Act (42 U.S.C. 1395x(ggg)(1)(A)) is amended-- (1) by inserting ``or stage V'' after ``stage IV''; and (2) by inserting ``and who is not receiving dialysis services'' after ``chronic kidney disease''. (d) Effective Date.--The amendments made by this section apply to kidney disease education services furnished on or after January 1, 2013.

Kidney Disease Equitable Access, Prevention, and Research Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in specified circumstances, to accept the results of a state licensure survey for purposes of determining federal certification of the compliance of a renal dialysis facility (RDF) with the conditions of Medicare participation. Allows the Secretary to assess and collect reasonable fees for the initial Medicare survey from an RDF. Revises Medicare requirements for group health plans to extend from 12 to 42 months after an individual becomes eligible for Medicare part A (Hospital Insurance Benefits for the Aged and Disabled) benefits the period during which a group health plan is a primary payer (and Medicare the secondary payer) for end stage renal disease (ESRD) patients. Applies Medicare secondary payer requirements to qualified health plans under the Public Health Service Act. Prescribes the treatment of certain individuals with ESRD for purposes of determining minimum essential coverage. Requires such a plan to: (1) provide adequate, advanced written notice to patients regarding changes to benefits for dialysis services, new restrictions on out-of-network access, or reductions in rates paid for out-of-network benefits; (2) allow patients to continue using their existing provider or facility for dialysis services for at least 24 months after a plan or issuer notice of any change; (3) hold patients harmless from a provider network change if the change requires unreasonable drive time or disrupts the physician-patient relationship; (4) ensure that out-of-pocket payments for such services are counted towards meeting any out-of-pocket maximum applied under a MedicareAdvantage (MA) plan and are not treated as routine for purposes of calculating beneficiary copayments; and (5) meet minimum network adequacy standards. Prohibits such a plan from: (1) restricting the duration or number of dialysis sessions for patients to less than the number for which payment may be made; (2) requiring assignment of benefits for such services; or (3) denying or limiting coverage for patients for such services if premiums, copayments, or other payments are made by third parties on their behalf. Directs the Secretary to study: (1) the social, behavioral, and biological factors leading to kidney disease; and (2) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by it. Directs the Secretary to report to Congress on the research gaps with respect to the development of quality metrics and care management metrics for ESRD patients. Directs the Comptroller General to evaluate the transportation barriers facing dialysis patients that result in less than 100% compliance with their plan of care under the Medicare program. Includes as a person qualified to furnish kidney disease education services an RDF with a physician or a physician assistant, nurse practitioner, or clinical nurse specialist. Declares that the mandatory single payment to an RDF or other provider of renal dialysis services shall not take into account the amount of payment for kidney disease education services. Revises the definition of “kidney disease education services” to specify education services furnished to individuals: (1) with stage V (as well as those with stage IV) chronic kidney disease, and (2) who are not receiving dialysis services.

To amend title XVIII of the Social Security Act to improve Medicare benefits for individuals with kidney disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arlington National Cemetery Integrity Act of 1998''. SEC. 2. PERSONS ELIGIBLE FOR INTERMENT IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2412. Arlington National Cemetery: person eligible for interment; authorized headstones and markers ``(a) Eligibility.--The remains of the following individuals may be interred in Arlington National Cemetery: ``(1) Any member of the Armed Forces who dies while on active duty (other than active duty for training). ``(2) Any retired member of the Armed Forces who-- ``(A) served on active duty (other than for training); ``(B) is carried on a retired list; and ``(C) is entitled to receive retired pay. ``(3) Any former member of the Armed Forces separated for physical disability before October 1, 1949, who-- ``(A) served on active duty (other than for training); and ``(B) would have been eligible for retirement under the provisions of section 1201 of title 10 (relating to retirement for disability) had that section been in effect on the date of separation of the member. ``(4) Any former member of the Armed Forces whose last active duty military service (other than for training) terminated honorably and who has been awarded one of the following decorations: ``(A) Medal of Honor. ``(B) Distinguished Service Cross (Air Force Cross or Navy Cross). ``(C) Distinguished Service Medal. ``(D) Silver Star. ``(E) Purple Heart. ``(5) Any former prisoner of war-- ``(A) who, while a prisoner of war, served honorably in the active military, naval, or air service; ``(B) whose last period of active military, naval, or air service terminated honorably; and ``(C) who died on or after November 30, 1993. ``(6) Any former member of the Armed Forces whose last active duty military service (other than for training) terminated honorably and who has held any of the following positions: ``(A) An elective office of the United States Government. ``(B) The office of the Chief Justice of the United States or of an Associate Justice of the Supreme Court of the United States. ``(C) An office listed in section 5312 or 5313 of title 5 (relating to Executive Schedule I and Executive Schedule II). ``(D) A qualifying chief of mission position in the Department of State. ``(7) The President or any former President. ``(8) Subject to subsection (b) and (c), the spouse, surviving spouse, minor child and, at the discretion of the Superintendent of Arlington National Cemetery, unmarried adult child of a person listed in paragraphs (1) through (6). ``(9) Subject to subsection (b), the spouse, surviving spouse, minor child, and, at the discretion of the Superintendent of Arlington National Cemetery, unmarried adult child of a member of the Armed Forces who is buried in Arlington National Cemetery as part of a group burial, but the spouse, surviving spouse, minor child, or unmarried adult child may not be buried in the group gravesite. ``(10) Subject to subsection (b), the spouse, surviving spouse, minor child, and, at the discretion of the Superintendent of Arlington National Cemetery, unmarried adult child of any person already buried in Arlington National Cemetery. ``(11) The parents of a minor child or unmarried adult child whose remains, based on the eligibility of a parent, are already buried in Arlington National Cemetery. ``(b) Spouses.--(1) For purposes of paragraph (9) of subsection (a), the term `spouse' includes the widow or widower of a member of the Armed Forces who was lost or buried at sea or who was officially determined to be permanently absent in a status of missing or missing in action. ``(2) For purposes of paragraph (8), (9), and (10) of subsection (a), a surviving spouse who has remarried and whose remarriage is void, terminated by death, or dissolved by annulment or divorce by a court with basic authority to render such decrees regains eligibility for burial in Arlington National Cemetery unless it is determined by the Secretary of the Army that the decree of annulment or divorce was secured through fraud or collusion. ``(c) Same Gravesite Limitation Inapplicable in Certain Cases.-- (1)(A) In the case of a gravesite of a spouse (whose remains have been buried in Arlington National Cemetery under paragraph (8) of subsection (a)) that cannot accommodate the subsequent burial of remains of a person listed in paragraphs (1) through (6) of subsection (a) due to encroachment of roots of trees, shrubs, plants, or to a similar event, the Superintendent of Arlington National Cemetery may provide for the burial of remains of the person in another gravesite in Arlington National Cemetery. ``(B) The burial of remains of the person in another gravesite in Arlington National Cemetery by reason of subparagraph (A) shall not give rise to eligibility for burial of remains of any other individual in that gravesite. ``(2) In the case of a gravesite of a person listed in paragraphs (1) through (6) of subsection (a) (whose remains have been buried in Arlington National Cemetery) that cannot accommodate the subsequent burial of remains of an otherwise eligible person described in paragraph (8) of subsection (a) due to such encroachment or similar event, the Superintendent of Arlington National Cemetery may not provide for the burial of remains of that otherwise eligible person in another gravesite in Arlington National Cemetery. ``(d) Disabled Adult Unmarried Children.--In the case of an unmarried adult child who is incapable of self-support up to the time of death because of a physical or mental condition, the child may be buried under paragraph (7) of subsection (a) without requirement for approval by the Superintendent of Arlington National Cemetery under that paragraph if the burial is in the same gravesite as the gravesite in which the parent has been or will be buried. ``(e) Definition.--For purposes of this section: ``(1) The term `qualifying chief of mission position' means-- ``(A) with respect to service before January 5, 1986, a chief of mission position in the Department of State that was classified by the Secretary of State as a Class I Chief of Mission position under the laws and regulations in effect before January 5, 1986; and ``(B) with respect to service on or after January 5, 1986, a chief of mission position in the Department of State specified in the enclosure entitled `List of Chief of Mission Positions' in a letter dated March 21, 1988, from the Deputy Assistant Secretary of State for Personnel to the Superintendent of the Arlington National Cemetery (or the corresponding successor chief of mission position, in the case of Bonn and Moscow).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2412. Persons eligible for interment in Arlington National Cemetery.''. SEC. 3. PERSONS ELIGIBLE FOR INTERMENT IN THE COLUMBARIUM IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, as amended by section 2 of this Act, is further amended by adding at the end the following new section: ``Sec. 2413. Persons eligible for interment in the columbarium in Arlington National Cemetery ``The cremated remains of the following individuals may be placed in the columbarium in Arlington National Cemetery: ``(1) A veteran whose last period of active duty service (other than for training) ended honorably ``(2) The spouse, surviving spouse, minor child, and, at the discretion of the Superintendent of Arlington National Cemetery, unmarried adult child of a veteran described in paragraph (1).''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, as amended by section 2 of this Act, is further amended by adding at the end the following new item: ``2413. Persons eligible for interment in the columbarium in Arlington National Cemetery.''.

Arlington National Cemetery Integrity Act of 1998 - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member who served on active duty, was carried on a retired list, and was entitled to retired pay; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who while such a prisoner served honorably, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) any former member whose last active military service terminated honorably and who has held one of a number of specified positions in the Federal Government, the Supreme Court, or the State Department; (7) the President or any former President; (8) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member; and (9) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Authorizes: (1) burial in another part of the Cemetery in the case of the remains of a spouse who cannot be buried at the gravesite of the related spouse due to the encroachment of tree roots, shrubs, plants, or similar events; and (2) Cemetery burial for the remains of disabled adult unmarried children of individuals eligible for Cemetery burial. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a veteran whose last period of active duty ended honorably; and (2) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran.

Arlington National Cemetery Integrity Act of 1998

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Davis-Bacon Reform Act''. (b) Reference.--Whenever in this Act (other than in section 12) an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Act of March 3, 1931, entitled ``An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes'' (40 U.S.C. 276a et seq.) (commonly referred to as the ``Davis-Bacon Act''). SEC. 2. INCREASE IN THRESHOLD AMOUNT. Subsection (a) of section 1 (40 U.S.C. 276a(a)) is amended by striking out ``$2,000'' and inserting in lieu thereof ``$500,000''. SEC. 3. APPROPRIATE CIVIL SUBDIVISION FOR COMPUTATION OF PREVAILING WAGE. Subsection (a) of section 1 (40 U.S.C. 276(a)) is amended by striking out ``the city, town, village, or other civil subdivision of the State, in which the work is to be performed,'' and inserting in lieu thereof ``the particular urban or rural subdivision (of the State) in which the work is to be performed,''. SEC. 4. DETERMINATION OF PREVAILING WAGE. Subsection (a) of section 1 (40 U.S.C. 276(a)) is amended by adding at the end thereof the following new sentence: ``In determining the prevailing wage for a class of laborers, mechanics, or helpers where more than a single wage is being paid to the corresponding class of laborers, mechanics, or helpers, the Secretary shall establish as the prevailing wage the entire range of wages being paid to such corresponding class of laborers, mechanics, or helpers employed on private industry projects of a character similar to the contract work in the urban or rural subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there.''. SEC. 5. EXCLUSION OF FEDERAL PROJECTS FROM PREVAILING WAGE COMPUTATION. Subsection (b)(1) of section 1 (40 U.S.C. 276a(b)(1)) is amended by inserting before the semicolon the following: ``, excluding the basic hourly rates of pay of individuals whose wages are established pursuant to the requirements of this Act, unless it is determined that there is insufficient wage data to determine the prevailing wages in the absence of data from such Federal or federally assisted projects''. SEC. 6. CLASSIFICATION OF HELPERS. Section 1 (40 U.S.C. 276a) is amended by adding at the end thereof the following new subsection: ``(c)(1) For the purposes of this Act, helpers of laborers or mechanics shall be considered as a separate class and prevailing wages for such helpers shall be determined on the basis of the corresponding class of helpers employed on private industry projects of a character similar to the contract work in the urban or rural subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there. ``(2) For purposes of this section, the term `helper' means a semi- skilled worker (rather than a skilled journeyman mechanic) who-- ``(A) works under the direction of and assists a journeyman, ``(B) under the direction and supervision of the journeyman, performs a variety of duties to assist the journeyman, such as-- ``(i) preparing, carrying, and furnishing materials, tools, equipment, and supplies and maintaining them in order, ``(ii) cleaning and preparing work areas, ``(iii) lifting, positioning, and holding materials or tools, and ``(iv) other related semi-skilled tasks as directed by the journeyman, and ``(C) may use tools of the trade which are under the direction and supervision of the journeyman.''. SEC. 7. PROHIBITION ON CONTRACT-SPLITTING. Section 1 (40 U.S.C. 276a) (as amended by section 6) is further amended by adding at the end thereof the following new subsections: ``(d) Any person entering into a contract under which wages are to be determined in accordance with this Act shall not divide any project into contracts of $500,000 or less if the project would not have been so divided but for the purpose of avoiding the application of this Act. ``(e) Whenever the Secretary of Labor determines that a division for such purpose as described in subsection (d) has occurred, the Secretary may-- ``(1) require that the contracts, grants, or other instruments providing Federal financing or assistance be amended so as to incorporate retroactively all the provisions which would have been required under this Act or other applicable prevailing wage statute, and ``(2) require the contracting or assisting agency, the recipient of Federal financing or assistance, or any other entity which awarded the contract or instrument providing Federal financing or assistance in violation of this section, to compensate the contractor, the grantee, or other recipient of Federal assistance, as appropriate, for payment to each affected laborer, mechanic, and helper, of an amount equal to the difference between the rate received and the applicable prevailing wage rate, with interest on wages due at the rate specified in section 6621(c) of the Internal Revenue Code of 1986, from the date the work was performed by such laborers, mechanics, and helpers. ``(f) The Secretary shall make a determination that a division for such purpose as described in subsection (d) has occurred only where the Secretary has notified the agency or entity in question not later than 180 days after completion of construction on the project that an investigation will be conducted concerning an alleged violation of this subsection.''. SEC. 8. TECHNICAL AMENDMENT APPLYING REFORM TO RELATED ACTS. The Act (40 U.S.C. 276a et seq.) is amended by adding at the end thereof the following new section: ``Sec. 8. No provision of any law requiring the payment of prevailing wage rates as determined by the Secretary in accordance with this Act shall apply to contracts for construction, alteration, or repair valued at $500,000 or less, or in the case of rent supplement assistance or other assistance for which the instrument of Federal financing or assistance does not have an aggregate dollar amount, where the assisted project is in the amount of $500,000 or less.''. SEC. 9. MATCHING FUNDS. The Act (40 U.S.C. 276a et seq.) (as amended by section 8) is further amended by adding at the end thereof the following new section: ``Sec. 9. In the case of a grant or other instrument by which the Federal Government provides to or shares with any State or subdivision thereof funding of a construction, alteration, repair, rehabilitation, reconstruction, or renovation project, any law requiring the payment of prevailing wage rates as determined by the Secretary in accordance with this Act shall apply to that project only if at least 25 percent of the costs of that project are paid by the Federal grant or instrument.''. SEC. 10. VOLUNTARY CONTRIBUTION OF SERVICES. (a) In General.--The Act (40 U.S.C. 276a et seq.) (as amended by sections 8 and 9) is further amended by adding at the end thereof the following new section: ``Sec. 10. The provisions of section 1 of this Act relating to the wages required to be paid shall not apply to any individual-- ``(1) who contributes services on a voluntary basis; and ``(2) who-- ``(A) does not receive compensation for such services; or ``(B) is paid expenses, reasonable benefits, or a nominal fee for such services; and ``(3) whose contribution of such services is specifically approved in advance by the contracting or assisting agency, the recipient of Federal financing or assistance, or other entity which awarded the contract or instrument providing Federal financing or assistance, which is the entity in the closest relation to the work to be performed; and ``(4) whose contribution of such services is not for the benefit or competitive advantage of any contractor otherwise performing or seeking to perform work on the same project.''. (b) Technical Amendment.--Subsection (b) of section 3 (40 U.S.C. 276a-2) is amended by inserting ``(except as provided for in section 10 of this Act)'' after ``agreed to accept less than the required rate of wages''. SEC. 11. TECHNICAL AMENDMENTS. (a) Short Title.--The Act (40 U.S.C. 276a et seq.) is amended-- (1) by redesignating sections 1 through 6 as sections 2 through 7, respectively; and (2) by inserting before section 2, as so redesignated, the following new section: ``Section 1. This Act may be cited as the `Davis-Bacon Act'.''. (b) Payment of Wages by Comptroller General.--Subsection (a) of section 4, as so redesignated, (40 U.S.C. 276a-2) is amended by striking out the first sentence and inserting in lieu thereof the following new sentences: ``In accordance with regulations issued by the Secretary pursuant to Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267), any wages found to be due to laborers, mechanics, and helpers pursuant to this Act shall be paid directly to such laborers, mechanics, and helpers from any accrued payments withheld under the terms of the contract. Any sums due laborers, mechanics, or helpers under section 1, not paid because of inability to do so within 3 years, shall revert to or be deposited into the Treasury of the United States. The Administrator of General Services shall distribute a list to all departments of the Government giving the names of persons or firms that the Secretary has found to have disregarded their obligations to employees and subcontractors.''. SEC. 12. COPELAND ACT PAPERWORK REDUCTION AMENDMENT. (a) Statements.--Section 2 of the Act of June 13, 1934, entitled ``An Act to effectuate the purpose of certain statutes concerning rates of pay for labor, by making it unlawful to prevent anyone from receiving the compensation contracted for thereunder, and for other purposes'' (40 U.S.C. 276c) (commonly referred to as the ``Copeland Act'') is amended by striking out ``shall furnish weekly a statement with respect to the wages paid each employee during the preceding week'' and inserting in lieu thereof ``shall furnish, at the beginning, midpoint, and conclusion of the period covered by the contract, a statement with respect to the weekly wages paid each employee during such period, except that such statement shall be furnished no less often than every 3 months''. (b) Application.--Section 2 of such Act (40 U.S.C. 276c) is further amended by adding at the end thereof the following new sentence: ``This section shall not apply to any contract or project that is exempted by its size from the application of the Davis-Bacon Act.''. SEC. 13. REPORTS REQUIRED. Beginning 1 year after the effective date of the amendments made by this Act, and at intervals of 1 year thereafter, the Secretary of Labor and the Comptroller General of the United States shall each prepare and submit to the appropriate committees of Congress a report describing the results of a review of the implementation, enforcement, administration, impact on local wages, and impact on local and national economies of the Act of March 3, 1931 (the Davis-Bacon Act), the Act of June 13, 1934 (the Copeland Act), and the amendments made by this Act during the preceding 12-month period, including recommendations for such further legislation as may be appropriate. SEC. 14. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 60 days after the date of enactment of this Act but shall not affect any contract in existence on that date or made pursuant to invitations for bids outstanding on that date.

Davis-Bacon Reform Act - Amends the Davis-Bacon Act (the Act) to raise the threshold amount of contracts covered by such Act and related Acts. Requires computation of the prevailing wage for the particular urban or rural subdivision of the State in which the work is to be performed. Requires establishment as the prevailing wage the entire range of wages paid to the corresponding class of workers in an area. Excludes Federal or federally assisted projects from the determination of prevailing wage, unless there is insufficient wage data. Allows use of semi-skilled helpers, on projects covered by the Act, in areas where such use is an identifiable practice. Prohibits contract-splitting to avoid applications of the Act. Applies the Act to local projects only if at least 25 percent of the project costs are paid by Federal funds. Exempts volunteer labor from coverage under the Act. Provides for direct payment of any back pay due to workers under the Act. Amends the Copeland Anti-Kickback Act to revise payroll information reporting requirements. Directs the Secretary of Labor and the Comptroller General to report annually to the appropriate congressional committees on implementation and impact on local wages and on local and national economies of the Davis-Bacon Act and the Copeland Anti-Kickback Act.

Davis-Bacon Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Grid Security Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Electric utility.--The term ``electric utility'' has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). (3) ES-ISAC.--The term ``ES-ISAC'' means the Electricity Sector Information Sharing and Analysis Center. (4) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (6) Sector-specific agency.--The term ``Sector-Specific Agency'' has the meaning given the term in the Presidential policy directive entitled ``Critical Infrastructure Security and Resilience'', numbered 21, and dated February 12, 2013. SEC. 3. DESIGNATION OF DEPARTMENT OF ENERGY AS SECTOR-SPECIFIC AGENCY FOR CYBERSECURITY FOR THE ENERGY SECTOR. In accordance with the Presidential policy directive entitled ``Critical Infrastructure Security and Resilience'', numbered 21, and dated February 12, 2013, and this Act, the Department shall be the lead Sector-Specific Agency for cybersecurity for the energy sector. SEC. 4. CYBERSECURITY FOR THE ENERGY SECTOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM. The Secretary, in consultation with appropriate Federal agencies, the energy sector, the States, and other stakeholders, shall carry out a program-- (1) to develop advanced cybersecurity applications and technologies for the energy sector-- (A) to identify and mitigate vulnerabilities, including-- (i) dependencies on other critical infrastructure; and (ii) impacts from weather, climate change, and fuel supply; and (B) to advance the security of field devices and third-party control systems, including-- (i) systems for generation, transmission, distribution, end use, and market functions; (ii) specific electric grid elements including advanced metering, demand response, distributed generation, and electricity storage; (iii) forensic analysis of infected systems; and (iv) secure communications; (2) to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture; (3) to perform pilot demonstration projects with the energy sector to gain experience with new technologies; and (4) to develop workforce development curricula for energy sector-related cybersecurity. SEC. 5. ENERGY SECTOR COMPONENT TESTING FOR CYBERRESILIENCE PROGRAM. The Secretary shall carry out a program-- (1) to establish a cybertesting and mitigation program to identify vulnerabilities of energy sector supply chain products to known threats; (2) to oversee third-party cybertesting; and (3) to develop procurement guidelines for energy sector supply chain components. SEC. 6. ENERGY SECTOR OPERATIONAL SUPPORT FOR CYBERRESILIENCE PROGRAM. The Secretary shall carry out a program-- (1) to enhance and periodically test-- (A) the emergency response capabilities of the Department; and (B) the coordination of the Department with other agencies, the National Laboratories, and private industry; (2) to expand cooperation of the Department with the intelligence communities for energy sector-related threat collection and analysis; (3) to enhance the tools of the Department and ES-ISAC for monitoring the status of the energy sector; (4) to expand industry participation in ES-ISAC; and (5) to provide technical assistance to small electric utilities for purposes of assessing cybermaturity posture. SEC. 7. MODELING AND ASSESSING ENERGY INFRASTRUCTURE RISK. (a) In General.--The Secretary shall develop an advanced energy security program to secure energy networks, including electric, natural gas, and oil exploration, transmission, and delivery. (b) Security and Resiliency Objective.--The objective of the program developed under subsection (a) is to increase the functional preservation of the electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances. (c) Eligible Activities.--In carrying out the program developed under subsection (a), the Secretary may-- (1) develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired; (2) provide modeling at the national level to predict impacts from natural or human-made events; (3) develop a maturity model for physical security and cybersecurity; (4) conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations; (5) conduct research hardening solutions for critical components of the electric grid; (6) conduct research mitigation and recovery solutions for critical components of the electric grid; and (7) provide technical assistance to States and other entities for standards and risk analysis. SEC. 8. LEVERAGING EXISTING PROGRAMS. The programs established under this Act shall be carried out consistent with-- (1) the report of the Department entitled ``Roadmap to Achieve Energy Delivery Systems Cybersecurity'' and dated 2011; (2) existing programs of the Department; and (3) any associated strategic framework that links together academic and National Laboratory researchers, electric utilities, manufacturers, and any other relevant private industry organizations. SEC. 9. STUDY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and the North American Electric Reliability Corporation, shall conduct a study to explore alternative management structures and funding mechanisms to expand industry membership and participation in ES-ISAC. (b) Report.--The Secretary shall submit to the appropriate committees of Congress a report describing the results of the study conducted under subsection (a). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $100,000,000 for each of fiscal years 2017 through 2022.

Enhanced Grid Security Act of 2015 This bill designates the Department of Energy (DOE) as the lead Sector-Specific Agency for cybersecurity for the energy sector (this action comports with the presidential policy directive entitled "Critical Infrastructure Security and Resilience" dated February 12, 2013). DOE shall: develop advanced cybersecurity applications and technologies for the energy sector; advance the security of field devices and third-party control systems; leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture; perform pilot demonstration projects with the energy sector to gain experience with new technologies; and develop workforce development curricula for energy sector-related cybersecurity. DOE shall also implement within the energy sector cybertesting and cyberresilience programs that target: DOE emergency response capabilities, cooperation with the intelligence communities for energy sector-related threat collection and analysis, enhancing the tools of DOE and the Electricity Sector Information Sharing and Analysis Center (ES-ISAC) for monitoring the status of the energy sector, expanding industry participation in ES-ISAC, and technical assistance to small electric utilities to assess cybermaturity posture. DOE must develop an advanced energy security program that secures diverse energy networks in order to increase the functional preservation of the electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances. DOE shall study alternative management structures and funding mechanisms to expand industry membership and participation in ES-ISAC.

Enhanced Grid Security Act of 2015

SECTION 1. PROGRAMS REGARDING EMPLOYEE OWNERSHIP AND PARTICIPATION. (a) Establishment of Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor (referred to in this Act as the ``Secretary'') shall establish a program to facilitate the establishment of State programs to foster increased employee ownership and greater employee participation in business decisionmaking throughout the United States. (b) Purpose of Program.--The Secretary shall establish the program under subsection (a) to encourage State programs which focus on the following: (1) Activities involving education and outreach to inform individuals about the possibilities and benefits of employee ownership, gainsharing, and participation in business decisionmaking, including financial education. (2) Activities involving technical assistance to assist employee efforts to become business owners. (3) Training activities for employees and employers with respect to methods of employee participation in business decisionmaking. (4) Activities involving training other organizations to apply for funding under this section. (c) Program Details.--In focusing on activities referred to in subsection (b), the Secretary may include in the program provisions that would-- (1) in the case of activities under subsection (b)(1)-- (A) target key groups such as retiring business owners, unions, managers, trade associations, and community organizations; (B) encourage cooperation in organizing workshops and conferences; and (C) provide for the preparation and distribution of materials concerning employee ownership and participation; (2) in the case of activities under subsection (b)(2)-- (A) provide for the performance of prefeasibility assessments; (B) provide assistance in the funding of objective third party feasibility studies; and (C) provide a data bank to help employees find legal, financial, and technical advice in connection with company ownership; (3) in the case of activities under subsection (b)(3)-- (A) provide for courses on employee participation; and (B) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (4) in the case of activities under subsection (b)(4)-- (A) provide for visits to existing programs qualified under this Act by staff from new programs receiving funding under this Act; and (B) provide materials to be used by organizations qualified under this Act. (d) Regulations.--Regulations issued by the Secretary pursuant to this Act shall include provisions assuring that any program within the several States established for the purposes of this Act be-- (1) proactive in encouraging actions and activities that will promote and encourage employee ownership of companies and participation in decisionmaking in such companies; and (2) comprehensive in emphasizing both employee ownership of companies and employee participation in company decisionmaking so as to boost productivity and broaden capital ownership. (e) Grants.--Any program established pursuant to subsection (a) shall provide for grants to the program within the several States in accordance with section 4. SEC. 2. OFFICE OF EMPLOYEE OWNERSHIP AND PARTICIPATION. (a) Establishment.--The Secretary shall establish, within the Department of Labor, the Office of Employee Ownership and Participation (hereafter referred to as the ``Office'') to promote employee ownership, gainsharing, and employee participation in company decisionmaking. (b) Functions.--The functions of the Office are to-- (1) support programs within the several States approved by the Secretary as being in compliance with the program established pursuant to section 1; and (2) facilitate the formation of new programs within the several States for the purpose of accomplishing the goals of this Act. (c) Duties.--In carrying out its functions under subsection (b), the Office shall-- (1) in the case of activities under subsection (b)(1), support those programs within the several States that are designed to achieve the goals and purposes set forth in this Act and to provide such support by-- (A) making matching Federal grants under section 4; and (B) acting as a clearinghouse on techniques employed by the programs within the several States and disseminating information to such programs, or funding such information gathering and dissemination programs by groups outside the Office; and (2) in the case of activities under subsection (b)(2), facilitate the formation of new programs by encouraging the establishment of such programs in each of the 50 States, including the holding or funding of an annual conference to bring together representatives from States with existing programs and representatives from States without such existing programs. SEC. 3. ORGANIZATION OF THE OFFICE. (a) Director.--There shall be at the head of the Office a Director of Employee Ownership and Participation (hereafter referred to as the ``Director'') who shall be appointed by the Secretary. (b) Employees.--In carrying out the functions of the Office, the Director may select, appoint, employ, and fix the compensation of such employees as shall be necessary to carry out the functions of the Office. SEC. 4. GRANTS. (a) In General.--For the purpose of making grants authorized under the program established pursuant to section 1, the Office is authorized to make grants for use in connection with programs within the several States for any of the following activities: (1) Education and outreach. (2) Participation training. (3) Technical studies, including prefeasibility and feasibility studies. (4) Activities facilitating cooperation among employee ownership firms. (5) Training for newly formed organizations to be provided by existing organizations qualified under this Act, except that such funding shall not exceed 10 percent of the total grants under this Act. (b) Matching.-- (1) In general.--Except as provided in paragraph (2), grants under this section shall be made by the Office on a matching basis, $1 of Federal money for every 50 cents of non- Federal money. (2) Grants for certain training.--Grants for activities described in subsection (a)(5) shall not require non-Federal matching contributions. (c) Applications.--The Office shall prescribe the form and information necessary for applications for grants under this section. (d) Amounts and Conditions.--The Office shall determine the amounts and the conditions for grants made under this section. (e) Grants on Behalf of Other Entities.-- (1) State applications.--Each of the several States may sponsor and submit applications on behalf of units of State or local governments, State-supported institutions of higher education, and nonprofit organization programs meeting the requirements of this Act, but in no case shall the aggregate amounts of these grants made to any unit of State or local government, State-supported institutions of higher education, or nonprofit organization programs exceed the amount set forth in subsection (g). (2) Applications by entities.--In any case in which a State fails to establish a program pursuant to this Act during any fiscal year, the Secretary shall allow in the subsequent fiscal year entities described in paragraph (1) to make applications for grants on their own initiative. States may submit applications to the program in subsequent years but may not screen applications by such entities before submission to the program. (f) Annual Report.--Each grant recipient shall submit an annual report to the Office setting forth how all moneys from grants pursuant to this Act were expended during the 12-month period preceding the date of the submission of the report. (g) Limitations.--Grants to each of the recipients shall be limited for each fiscal year as follows: (1) Fiscal year 1995, not to exceed, in the aggregate $200,000. (2) Fiscal year 1996, not to exceed, in the aggregate $220,000. (3) Fiscal year 1997, not to exceed, in the aggregate $242,000. (4) Fiscal year 1998, not to exceed, in the aggregate $266,200. (5) Fiscal year 1999, not to exceed, in the aggregate $292,000. SEC. 5. AUTHORIZATIONS. (a) In General.--For the purpose of making grants pursuant to section 4, there are authorized to be appropriated the following: (1) For fiscal year 1995, $2,500,000. (2) For fiscal year 1996, $4,250,000. (3) For fiscal year 1997, $6,000,000. (4) For fiscal year 1998, $7,750,000. (5) For fiscal year 1999, $9,500,000. (b) Administrative Expenses.--For the purpose of funding the Office, there is authorized to be appropriated for each of the fiscal years 1995 through 1999 an amount not in excess of the lesser of-- (1) $250,000, or (2) 7.5 percent of the maximum amount available under subsection (a). SEC. 6. OFFICE REPORTING. Not later than the expiration of the 36-month period following the date of enactment of this Act, the Director shall report to the Congress on the progress of employee ownership and participation in businesses in the United States. The report shall include a critical cost and benefit analysis of program activities.

Directs the Secretary of Labor to establish a program to facilitate the establishment of State programs to foster increased employee ownership and greater employee participation in business decisionmaking. Requires the Secretary to establish the Office of Employee Ownership and Participation to support existing State programs and facilitate new State programs, including: (1) making of matching Federal grants; (2) acting as a clearinghouse for information; and (3) facilitating information exchange and promoting State programs. Authorizes appropriations. Requires the Director of the Office of Employee Ownership and Participation to report to the Congress.

A bill to provide State programs to encourage employee ownership and participation in business decisionmaking throughout the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Enforcement Legislative Tool Act of 2008''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Discretionary Budget Authority.--In addition to the method of rescinding discretionary budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any discretionary budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriations Act subject to rescission under this section, the President may transmit to Congress a special message proposing to rescind amounts of discretionary budget authority provided in that Act and include with that special message a draft bill or joint resolution that, if enacted, would only rescind that discretionary budget authority. ``(2) In the case of an Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind discretionary budget authority under this section shall send a separate special message and accompanying draft bill or joint resolution for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the discretionary budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of discretionary budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to a program, project, or activity that is authorized by law. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(e) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement To Make Available for Obligation.--Any amount of discretionary budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill or joint resolution transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period; and ``(2) the term `discretionary budget authority' means the dollar amount of discretionary budget authority and obligation limitations-- ``(A) specified in an appropriation law, or the dollar amount of budget authority required to be allocated by a specific proviso in an appropriation law for which a specific dollar figure was not included; ``(B) represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law; ``(C) required to be allocated for a specific program, project, or activity in a law (other than an appropriation law) that mandates obligations from or within accounts, programs, projects, or activities for which budget authority or an obligation limitation is provided in an appropriation law; ``(D) represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation law or included in the statement of managers or the governing committee report accompanying such law; or ``(E) represented by the product of the estimated procurement cost and the total quantity of items required to be provided in a law (other than an appropriation law) that mandates obligations from accounts, programs, projects, or activities for which dollar amount of discretionary budget authority or an obligation limitation is provided in an appropriation law.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by subsection (a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by subsection (a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. (e) Application.--Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by subsection (a)) shall apply to amounts of discretionary budget authority provided by appropriation Acts (as defined in subsection (g)(2) of such section) that are enacted after the date of the enactment of this Act. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 2012 on which the Congress adjourns sine die.

Budget Enforcement Legislative Tool Act of 2008 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any discretionary budget authority in an appropriation Act. Prohibits funds made available for obligation under this procedure from being proposed for rescission again. Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal.

A bill to establish procedures for the expedited consideration by Congress of certain proposals by the President to rescind amounts of budget authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Financial Empowerment Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The proportion of the population of the United States that is 60 years of age or older will drastically increase in the next 30 years as more than 76,000,000 baby boomers approach retirement and old age. (2) Each year, anywhere between 500,000 and 5,000,000 seniors in the United States are abused, neglected, or exploited. (3) Senior abuse, neglect, and exploitation have no boundaries and cross all racial, social class, gender, and geographic lines. (4) Millions of individuals in the United States are victims of financial exploitation, including mail, telemarketing, and Internet fraud, each year and many of the individuals who fall prey to these crimes are seniors. (5) It is difficult to estimate the prevalence of fraud targeting seniors because cases are severely underreported and national statistics on senior fraud do not exist. (6) The Federal Bureau of Investigation notes that a senior may be less likely to report fraud because the senior-- (A) does not know to whom to report the fraud; (B) is ashamed to have been a victim of fraud; (C) does not know that the senior has been a victim of fraud; or (D) in some cases, is concerned that relatives may come to the conclusion that the senior no longer has the mental capacity to take care of the financial affairs of the senior. (7) According to a 2011 report by the MetLife Mature Market Institute, the annual financial loss by victims of senior financial abuse is estimated to be at least $2,900,000,000. (8) As victims of senior financial abuse, many seniors have been robbed of their hard-earned life savings, and even their homes, and can suffer severe emotional and health-related consequences. (9) Perpetrators of fraud targeting seniors often operate outside the United States, reaching their victims through the mail, telephone lines, and the Internet. (10) The Deceptive Mail Prevention and Enforcement Act (Public Law 106-168; 113 Stat. 1806) increased the power of the United States Postal Service to protect consumers against persons who use deceptive mailings, such as those featuring games of chance, sweepstakes, skill contests, and facsimile checks. (11) During fiscal year 2007, analysts prepared more than 27,000 letters and informative postcards in response to mail fraud complaints. During that same fiscal year, postal inspectors investigated 2,909 mail fraud cases in the United States and arrested 1,236 mail fraud suspects, of whom 1,118 were convicted. Postal inspectors also reported 162 telemarketing fraud investigations with 83 arrests and 61 convictions resulting from the investigations. (12) In 2000, the Special Committee on Aging of the Senate reported that, each year, consumers lose approximately $40,000,000,000 to telemarketing fraud and estimated that approximately 10 percent of the 14,000 telemarketing firms in the United States were fraudulent. (13) Some researchers estimate that only one in 10,000 fraud victims reports the crime to the authorities. (14) A 2003 report by AARP, Inc., found that the crime of telemarketing fraud is grossly underreported among senior victims, but that individuals who are properly counseled by trained peer volunteers are less likely to fall victim to fraudulent practices. (15) The Federal Bureau of Investigation reports that the threat of fraud to seniors is growing and changing. Many younger baby boomers have considerable computer skills and criminals are modifying their targeting techniques by using not only traditional telephone calls and mass mailings, but also online scams like phishing and e-mail spamming. (16) The Internet Crime Complaint Center is a partnership between the National White Collar Crime Center and the Federal Bureau of Investigation that serves as a vehicle to receive, develop, and refer criminal complaints regarding cybercrime. The Internet Crime Complaint Center processed more than 219,553 complaints of Internet crime in 2007 and, from these submissions, the center referred 90,008 complaints of Internet crime, representing a total dollar loss of $239,090,000, to Federal, State, and local law enforcement agencies in the United States for further consideration. (17) Consumer awareness is the best protection from fraud. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Senior citizen.--The term ``senior citizen'' means an individual who is not younger than 65 years of age. SEC. 4. INFORMATION AND CONSUMER EDUCATION ON MAIL, TELEMARKETING, AND INTERNET FRAUD TARGETING SENIOR CITIZENS. (a) Centralized Service.-- (1) Dissemination of information.--The Commission, after consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, the Chief Postal Inspector for the United States Postal Inspection Service, and the Internet Crime Complaint Center, shall-- (A) disseminate to senior citizens and the families and caregivers of the senior citizens information-- (i) regarding mail, telemarketing, and Internet fraud that targets senior citizens, including descriptions of the most common fraud schemes; and (ii) which shall be-- (I) disseminated in a way that is easily accessible and user-friendly to senior citizens; and (II) proactive so as to teach senior citizens about scam and fraud prevention through safe and smart financial practices; and (B) with respect to the information described in subparagraph (A)(ii)(II)-- (i) update the information regularly to keep pace with the changing nature of criminal activity; and (ii) include-- (I) instructions on how to refer a complaint to the appropriate law enforcement agency; and (II) a national toll-free telephone number, to be established by the Commission, which shall-- (aa) have a live individual, rather than an automated service, available to answer calls from senior citizens who are calling-- (AA) to seek advice on where and how to report instances of fraud; or (BB) to ask questions about issues relating to scams or fraud of senior citizens; and (bb) be similar to the Fraud Hotline established by the Special Committee on Aging of the Senate. (2) Sharing of information.--The Commission shall-- (A) maintain an Internet website that serves as a source of information for senior citizens and the families and caregivers of senior citizens regarding the types of fraud described in paragraph (1)(A)(i); (B) work with State enforcement agencies to create a national database that tracks instances of fraud committed against senior citizens; and (C) in response to a specific request about a particular person, provide publically available information on any record of a civil or criminal law enforcement action taken against the person for fraud that targeted senior citizens. (b) Implementation.--Not later than 1 year after the date of the enactment of this Act, the Commission shall establish and implement procedures to carry out the requirements of this section. SEC. 5. EDUCATION TO CERTAIN ENTITIES REGARDING FINANCIAL EXPLOITATION OF SENIOR CITIZENS. (a) In General.--The Commission shall, in consultation with the appropriate Federal financial institutions (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D))), regulatory agencies, State agencies, and local agencies, convene and provide education to the entities described in subsection (b) regarding the legal obligations of those entities and industry best practices for those entities with respect to financial exploitation and neglect of senior citizens. (b) Covered Entities.--An entity described in this subsection is-- (1) a depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))); (2) a credit office; (3) a remittance transfer provider (as defined in section 920(g) of the Electronic Fund Transfer Act (15 U.S.C. 1693o- 1(g))); (4) a person who distributes general-use prepaid cards (as defined in section 915(a)(2) of the Electronic Fund Transfer Act (15 U.S.C. 1693l-1(a)(2))); and (5) any individual who-- (A) is employed by a financial institution; (B) has access to the financial records of senior citizens; and (C) may be able to identify instances of elder financial abuse because of discrepancies in those financial records. (c) Required Training.--A State agency may not receive Federal funds under this Act unless the agency ensures that the entities described in subsection (b) in that State receive appropriate training that improves-- (1) the ability of the entities to recognize evidence of financial exploitation and neglect of senior citizens; and (2) the understanding of the entities of the reporting requirements in that State with respect to financial exploitation and neglect of senior citizens. (d) Implementation.--Not later than 1 year after the date of the enactment of this Act, the Commission shall establish and implement procedures to carry out the requirements of this section. SEC. 6. GRANT PROGRAM TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD AND FOR SCIENTIFIC RESEARCH ON SENIOR CITIZENS' INCREASED VULNERABILITY TO SCAMS. (a) Grant Program.-- (1) Authorization.--The Attorney General may award grants, on a competitive basis, to eligible entities to carry out fraud prevention activities designed to protect senior citizens. (2) Eligible entities.--For purposes of the grant program, an eligible entity is any State attorney general, State or local law enforcement agency, senior center, or other State or local nonprofit organization that provides assistance to senior citizens. (3) Priority.--In awarding grants under this subsection, the Attorney General shall give priority to an eligible entity that has established a public-private partnership with a computer or software company that is focused on developing tools to enhance Internet scam prevention. (4) Authorization of appropriations.--There are authorized to be appropriated to the Attorney General to carry out this subsection $5,000,000 for each of fiscal years 2018 through 2022. (b) Research.-- (1) In general.--The Director of the National Institutes of Health shall conduct scientific research related to the increased vulnerability of senior citizens to scams and fraud due to age-related health and neurological conditions. (2) Availability of funds.--No additional amounts are authorized to be appropriated to carry out this subsection. Amounts to carry out this subsection shall be derived from amounts not specifically appropriated to carry out this subsection. SEC. 7. SENSE OF CONGRESS ON NATIONAL SENIOR FRAUD AWARENESS WEEK. It is the sense of Congress that-- (1) there is a need to increase awareness of fraud targeting senior citizens; (2) a week in March of each year should be designated as ``National Senior Fraud Awareness Week'' to coincide with the end of winter, which-- (A) is commonly a period of increased isolation; and (B) precedes tax season; (3) the people of the United States should observe National Senior Fraud Awareness Week with relevant educational activities; and (4) the President should issue a proclamation supporting increased awareness of senior fraud.

Senior Financial Empowerment Act of 2017 This bill requires the Federal Trade Commission (FTC) to disseminate to senior citizens and their families and caregivers information regarding mail, telemarketing, and Internet fraud that targets senior citizens. The information must: (1) teach safe and smart financial practices, (2) provide instructions on how to refer a fraud complaint to law enforcement, and (3) include a toll-free telephone number that connects to a live individual who answers calls from seniors seeking advice about scams or how to report instances of fraud. The Department of Justice may award grants for the prevention of senior citizen fraud to state attorneys general, state or local law enforcement, senior centers, or nonprofit organizations that provide assistance to seniors. Priority shall be given to entities with public-private partnerships with computer or software companies that develop Internet scam prevention tools. The FTC must provide education regarding legal obligations, and concerning industry best practices addressing financial exploitation and neglect of seniors, to: (1) depository institutions, credit offices, remittance transfer providers, and general-use prepaid card distributors; and (2) financial institution employees who may be able to identify elder financial abuse. State agencies may not receive federal funds under this bill without ensuring that such financial entities in their states receive training on recognizing and reporting financial exploitation and neglect of seniors. The National Institutes of Health must research the increased vulnerability of seniors to scams and fraud due to age-related health and neurological conditions. The bill expresses the sense of Congress that a week in March of each year should be designated as National Senior Fraud Awareness Week.

Senior Financial Empowerment Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Technology Improvement Act of 2003''. SEC. 2. HOMELAND SECURITY TECHNOLOGY TRANSFER PROGRAM. (a) In General.--Section 313 of the Homeland Security Act of 2002 (6 U.S.C. 193) is amended-- (1) in subsection (b), by adding at the end the following: ``(6) The establishment of a multi-agency homeland security technology, equipment, and information transfer program to allow for the transfer of technology, equipment, and information to State, regional, and local fire, emergency medical service, and law enforcement agencies.''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ``(c) Technology Transfer Program.--In developing the program described under subsection (b)(6), the Secretary, acting through the Under Secretary for Science and Technology shall-- ``(1) in close cooperation with the Office of Domestic Preparedness, conduct, on an ongoing basis-- ``(A) research and development of new technologies; ``(B) surveys and reviews of available appropriate technologies; and ``(C) tests, evaluations, and demonstrations of new and available technologies that significantly improve the capability of fire, emergency medical service, and law enforcement agencies in countering terrorist threats and traditional threats not related to terrorism; ``(2) in support of the activities described in paragraph (1)-- ``(A) consult with State, regional, and local fire, emergency medical service, and law enforcement agencies and others determined by the Secretary, including the advisory committee established under section 430(d); ``(B) work with the National Institute of Standards and Technology and any other office or agency determined by the Secretary; ``(C) at the discretion of the Secretary, enter into agreements and coordinate with other Federal agencies to maximize the effectiveness of the technologies, equipment, and information; and ``(D) utilize existing technology transfer centers and Federal and State training centers that test, evaluate, and transfer military and other technologies for use by the first responder community; ``(3) provide a comprehensive list of available technologies, equipment, and information to the Office for Domestic Preparedness which shall administer a technology transfer program described under section 430(d); and ``(4) work with the Secretary of Defense to identify, evaluate, deploy, and transfer to Federal, State, regional, and local fire, emergency medical service, and law enforcement personnel, Department of Defense technologies and equipment for homeland security purposes, pursuant to section 1401 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003.''. (b) Office for Domestic Preparedness.--Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 238) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Technology, Equipment, and Information Transfer Program.-- ``(1) Administration.--The Director of the Office for Domestic Preparedness, in coordination with the Under Secretary for Science and Technology, shall establish and administer a technology transfer program through which the Director shall-- ``(A) make the counterterrorism and nonterrorism response technology, equipment, and information available to State, regional, and local fire, emergency medical service, and law enforcement agencies each year based on-- ``(i) the comprehensive list of available technologies, equipment, and information described under section 313(c); and ``(ii) the needs identified by the advisory committee established under this subsection; ``(B) consult with State, regional, and local fire, emergency medical service, and law enforcement agencies and others, as determined by the Secretary; ``(C) accept applications from the head of State, regional, and local fire, emergency medical service, and law enforcement agencies that wish to acquire such technologies, equipment, and information to improve the homeland security capabilities of those agencies, and review these applications with the advisory committee established under this subsection; and ``(D) transfer the approved technology, equipment, and information and provide the appropriate training to the State, regional, or local fire, emergency medical service, and law enforcement agencies to implement such technology, equipment, and information. ``(2) Technology transfer advisory committee.--Under the authority of section 871, the Secretary, acting through the Director of the Office for Domestic Preparedness, shall establish an advisory committee, or designate an existing advisory committee comprised of retired and active duty State, regional, and local fire, emergency medical service, and law enforcement officers, to advise the Director of the Office for Domestic Preparedness and the Under Secretary for Science and Technology regarding the homeland security technology transfer program established under this subsection. ``(3) Limitation on administration expenditure.--Not more than 10 percent of the budget of the technology, equipment, and information transfer program established under this subsection may be used for administrative expenses. ``(4) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for each of the fiscal years 2005 through 2014 to carry out this subsection.''.

Homeland Security Technology Improvement Act of 2003 - Amends the Homeland Security Act of 2002 to include as a component of the technological innovation program of the Department of Homeland Security a multi-agency homeland security technology transfer program to transfer technology, equipment, and information to State, regional, and local fire, emergency medical service, and law enforcement agencies. Requires the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, to: (1) research, develop, test, and evaluate technologies that significantly improve the capability of such agencies in countering terrorist threats and traditional threats not related to terrorism; (2) provide a comprehensive list of available technologies to the Office for Domestic Preparedness (ODP); (3) work with the Secretary of Defense to evaluate and transfer to Federal, State, regional, and local fire, emergency medical service, and law enforcement personnel Department of Defense technologies and equipment for homeland security purposes; and (4) establish a technology transfer program advisory committee. Requires the Director of ODP to administer the program.

To establish a technology, equipment, and information transfer program within the Department of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Public Safety and Crime Control Act of 1996''. SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS. Section 3 of the Bank Protection Act of 1968 (12 U.S.C. 1882) is amended by adding at the end the following new subsection: ``(c) Enhanced Surveillance Requirements.--With respect to each surveillance camera which a depository institution is required to maintain under the regulations prescribed under subsection (a), each Federal supervisory agency shall prescribe, on the basis of recommendations made by the Director of the Federal Bureau of Investigation pursuant to section 540B(c) of title 28, United States Code, regulations which require the depository institution to-- ``(1) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and ``(2) operate such camera in a manner which does not compromise the quality of the surveillance pictures.''. SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI. (a) In General.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540B. Technical recommendations on surveillance equipment ``(a) Review of Crime Prevention Standards and Procedures.--In order to reduce the incidence of crimes under section 2113 of title 18, other violations of such title, and other criminal activity on the property of or in the vicinity of financial institutions (as defined in section 20 of such title) and to facilitate more effective prosecutions of such crimes, the Director of the Federal Bureau of Investigation shall periodically review the standards and procedures applicable with respect to security requirements established under section 3 of the Bank Protection Act of 1968. ``(b) Consultation With Attorney General.--In conducting any review under subsection (a), the Director of the Federal Bureau of Investigation shall consult with the Attorney General to ascertain the extent to which inadequate security measures, or improperly maintained security equipment, at financial institutions have hindered effective prosecutions under section 2113 of title 18, United States Code, or other criminal provisions. ``(c) Recommendations.--Before the end of the 6-month period beginning on the date of the enactment of the ATM Public Safety and Crime Control Act of 1996 and at such times after such date as the Director of the Federal Bureau of Investigation may determine to be appropriate, the Director shall make technical recommendations to the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act) on standards and procedures for meeting the purposes of section 3 of the Bank Protection Act of 1968.''. (b) Report to Judiciary Committees.--The Director of the Federal Bureau of Investigation shall submit a copy of any recommendations made in accordance with section 540B(c) of title 28, United States Code, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate at the same time such recommendations are transmitted to the Federal banking agencies in accordance with such section. (c) Clerical Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by inserting after the item relating to section 540A the following new item: ``540B. Technical recommendations on surveillance equipment.''. SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS. (a) Timetable for Regulations.--The Federal banking agencies shall prescribe final regulations pursuant to section 3(c) of the Bank Protection Act of 1968 before the end of the 6-month period beginning on the date the technical recommendations by the Director of the Federal Bureau of Investigations are received by such agencies in accordance with section 540B(c) of title 28, United States Code. (c) Effective Date of Regulations.--The regulations referred to in subsection (a) shall require depository institutions to come into compliance with such regulations by the end of the 6-month period beginning on the date the final regulations are published in the Federal Register. SEC. 5. AMENDMENTS TO DEFINITIONS. Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is amended to read as follows: ``SEC. 2. DEFINITIONS. ``The following definitions shall apply for purposes of this Act: ``(1) Depository institution.--The term `depository institution' has the meaning given to such term in section 3(c) of the Federal Deposit Insurance Act. ``(2) Federal supervisory agency.--The term `Federal supervisory agency' has the meaning given to the term `appropriate Federal banking agency' in section 3 of the Federal Deposit Insurance Act.''.

ATM Public Safety and Crime Control Act of 1996 - Amends the Bank Protection Act of 1978 to direct each Federal banking supervisory agency to prescribe specified lighting and surveillance camera security measures at depository institutions based upon recommendations made by the Director of the Federal Bureau of Investigation. Amends the Judicial Code to instruct the Director to: (1) periodically review crime prevention standards and procedures at financial institutions; (2) make technical recommendations to the Federal banking agencies; and (3) submit copies of such recommendations to congressional judiciary committees. Requires consultation with the Attorney General to ascertain the extent to which inadequate security measures, or improperly maintained security equipment, at financial institutions have hindered effective prosecutions for bank robbery and incidental crimes. Sets a timetable for: (1) promulgation of final Federal regulations pursuant to the Director's recommendations; and (2) depository institution compliance with such regulations.

ATM Public Safety and Crime Control Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Radon in Schools Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--Subject to the availability of appropriations to carry out this Act, not later than 180 days after the date that Federal funds are first appropriated for this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education, shall establish a program under which the Administrator may award grants to States to conduct short-term radon testing to identify and mitigate unsafe radon levels in public schools. (b) Guidelines.--Not later than 180 days after the date of enactment of this Act, the Administrator shall review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in a public school. SEC. 3. GRANT AWARDS. In carrying out the program under this Act, the Administrator shall-- (1) provide an initial grant award for each State selected to receive a grant under this Act to complete the testing under section 5(b)(1); (2) in the case of a State that submits a report and is required to conduct an additional test under section 5(b)(3), provide an additional grant award for the State to complete such test; (3) in the case of a State that submits a report and is required to conduct mitigation under section 5(c)(1)-- (A) provide an additional grant award for the State to conduct such mitigation under such subparagraph (A) of such section; or (B) conduct such mitigation under subparagraph (B) of such section; and (4) in the case of a State that submits a report and is required to conduct reevaluation under section 5(d), provide an additional grant award for the State to complete the reevaluation. SEC. 4. APPLICATION; PRIORITY. (a) Application.--To be eligible to receive a grant under this Act, a State shall submit an application to the Administrator in such manner, at such time, and containing such information as the Administrator may require, including a certification that the grant funds will be used to-- (1) test the radon levels in public schools pursuant to section 5(b); and (2) mitigate the effects of unsafe radon levels in public schools pursuant to section 5(c), determined by the test under paragraph (1). (b) Priority.--In awarding grants to States under this Act, the Administrator shall-- (1) determine the priority of grant awards by ranking each State that submits an application in relation to each other such State; and (2) in ranking States under paragraph (1)-- (A) assign highest priority to a State with 100 percent of such State's landmass in Radon Zone 1; (B) in a case in which multiple States have 100 percent of such States' landmasses in Radon Zone 1, assign priority among such States at the Secretary's discretion; and (C) in a case in which a State has less than 100 percent of such State's landmass in Radon Zone 1, assign priority to such State at the Secretary's discretion. SEC. 5. USE OF FUNDS. (a) In General.--A State that receives a grant under this Act shall-- (1) follow the Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) test radon levels in each public school pursuant to subsection (b); (3) if necessary, mitigate unsafe radon levels pursuant to subsection (c); and (4) if necessary, reevaluate mitigation pursuant to subsection (d). (b) Testing.--A State that receives a grant under this Act shall-- (1) conduct a short-term test in each public school in such State; (2) submit a report to the Administrator-- (A) describing the results of each test conducted pursuant to paragraph (1); and (B) if necessary, estimating the funds necessary to conduct an additional short-term test under paragraph (3); and (3) in the case of a school that has, according to a test conducted under paragraph (1), a radon level at or above 4 picocuries per liter at a public school, conduct an additional short-term test at such public school at a time and manner consistent with the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b). (c) Mitigation.-- (1) In general.--In the case of a public school at which tests conducted under paragraphs (1) and (3) of subsection (b) average at least 4 picocuries per liter-- (A) if the State's report under paragraph (2) includes the certification described in paragraph (2)(A), the State of the school shall mitigate the radon level at the public school by providing funds to the local educational agency serving such school to enable the agency to carry out the mitigation described in paragraph (3); or (B) if the State's report under paragraph (2) does not include such certification, the Administrator shall carry out the mitigation described in paragraph (3), directly or by contract. (2) Certification; reporting.--A State that receives a grant under this Act shall-- (A) if necessary, seek certification from each local educational agency that serves each public school described in paragraph (1) that such agency will, if provided funding pursuant to section 3(3)(A), complete the actions described in paragraph (3); and (B) submit a report to the Administrator that-- (i) in the case in which a local educational agency provides certification to the State under subparagraph (A), includes such certification; (ii) describes the results of each test at such public school conducted under subsection (b); and (iii) if necessary, estimates the funds necessary to conduct mitigation at such public school pursuant to paragraph (3). (3) Mitigation requirements.--In mitigating the radon levels at public schools, the Administrator or a local educational agency, as appropriate, shall-- (A) work with a licensed radon mitigation professional to determine the most effective way to mitigate the radon at the public school; (B) create a mitigation plan within 3 months after the date of the second short-term test under subsection (b)(3); (C) designate a mitigation unit and implement the mitigation plan under subparagraph (B) within 6 months after the date of the second short-term test under subsection (b)(3); (D) conduct a short-term test not less than once per year; and (E) if necessary, conduct the reevaluation under subsection (d). (d) Reevaluation.--If the first annual test under subsection (c)(3)(D) conducted after the mitigation plan is implemented results in a radon level at or above 4 picocuries per liter at a public school, the local educational agency that serves the school shall-- (1) reevaluate the mitigation plan under subsection (c)(3)(B) in consultation with a licensed radon mitigation professional; (2) create an alternative mitigation plan to replace the mitigation plan; (3) submit a report to the Administrator-- (A) describing the results of such annual test; and (B) estimating the funds necessary to conduct reevaluation under this subsection; and (4) direct the mitigation unit to implement an alternative mitigation plan under subsection (c)(3) within 6 months after the date of such annual test. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Licensed radon mitigation professional.--The term ``licensed radon mitigation professional'' means an individual-- (A) licensed, registered, or qualified by a State radon program to mitigate radon; or (B) approved by the Administrator to mitigate radon. (3) Local educational agency.--The term ``local educational agency'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Mitigation plan.--The term ``mitigation plan'' means the plan to mitigate radon created by the licensed radon mitigation professional in consultation with the local educational agency under subsection (c)(3)(B). (5) Mitigation unit.--The term ``mitigation unit'' means the individuals designated under subsection (c)(3)(C) by the local educational agency to implement the mitigation plan. (6) Public school.--The term ``public school'' has the meaning given that term in section 5145 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7217d). (7) Radon measurements in schools guidelines.--The term ``Radon Measurements In Schools Guidelines'' means the report entitled ``Radon Measurements In Schools'' produced by the Administrator in July 1993, describing current information and guidance on radon testing in a public school. (8) Radon zone 1.--The term ``Radon Zone 1'' means those areas with a predicted average indoor radon screening level greater than 4 picocuries per liter. (9) Secretary.--The term ``Secretary'' means the Secretary of Education. (10) Short-term test.--The term ``short-term test'' means a test approved by the Administrator in which a testing device remains in an area for not less than 2 days and not more than 90 days to determine the amount of radon in the air that is acceptable for human inhalation. (11) State.--The term ``State'' means each of the several States of the United States and the District of Columbia.

End Radon in Schools Act - Directs the Administrator of the Environmental Protection Agency (EPA) to review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in public elementary and secondary schools. Directs the Administrator, subject to the availability of appropriations, to award grants to states to: (1) follow the updated Guidelines, (2) conduct short-term tests of radon levels in their public elementary and secondary schools, and (3) provide funds to their local educational agencies (LEAs) to mitigate and reevaluate radon levels in schools found to have unsafe quantities of radon. Requires the Administrator to conduct such mitigation directly or by contract if an LEA does not certify to its state that it will use grant funds to mitigate unsafe radon levels at its schools. Considers radon levels of at least four picocuries per liter to be unsafe. Gives grant priority to states whose total landmass lies in Radon Zone 1.

To establish a grant program to test and mitigate radon levels in public schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Family Caregiver Security Act of 2004''. SEC. 2. PROVISION OF QUALIFIED FAMILY CAREGIVER SERVICES UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following new paragraph: ``(7)(A) The agency permits an individual who is under its care to have home health aide services or personal care assistant services provided by a qualified family caregiver (as defined in subparagraph (B)) under an approved plan of care and provides for payment for the services of the caregiver, regardless of whether the caregiver is an employee of the agency, at a rate comparable to the rate otherwise paid for such services provided by other qualified personnel. In addition, in the case of such a caregiver the agency shall provide for appropriate training and oversight of such services by a registered nurse in the same or similar manner to that provided in the case of such services furnished by another qualified individual and shall provide the caregiver, as part of the plan of care, with educational information and resources related to family caregiver health and wellness. ``(B) For purposes of this paragraph, the term `qualified family caregiver' means, with respect to the provision of home health aide services or personal care assistant services to an individual, an individual who is a family caregiver (as defined in section 372(2) of the National Family Caregiver Support Act) of the individual and who demonstrates proficiency in the provision of the home health aide services or personal care assistant services involved to the satisfaction of the supervising registered professional nurse. ``(C) This paragraph shall supersede any other restriction of this title (including section 1862(a)(11)) on the provision of home health aide services or personal care assistant services by a qualified family caregiver described in subparagraph (B) on the basis of the caregiver's relationship to the recipient of such services. This subparagraph shall not affect any disqualification of an individual from providing services on the basis of the individual's lack of qualification to provide the services or on the basis of an exclusion of participation of the individual under part B of title XI. ``(D) The Secretary, in consultation with the Secretary of Labor, shall provide guidance to home health agencies on payment administration and management methodologies to facilitate the provision of home health aide services and personal assistant care services by qualified family caregivers under this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2005, and shall apply to services furnished on or after such date. (c) Construction.--Nothing in this section shall be construed as preventing the application of fraud and abuse sanctions (including those under sections 1128, 1128A, and 1128B of the Social Security Act) with respect to family caregivers under section 1891(a)(7) of the Social Security Act, as added by subsection (a), in the same manner as such sanctions may be applied to other individuals who provide home health aide services or personal assistant care services. (d) Prohibition of Denial of Services Because of Refusal of Physical Therapy Services During Rehabilitation.--Nothing in title XVIII of the Social Security Act shall be construed as authorizing the exclusion of coverage of skilled nursing services for an individual who is 75 years of age or older as part of home health services solely on the basis of the individual's refusal of physical therapy services during rehabilitation, regardless of whether such physical therapy services are part of the plan of care for the individual. SEC. 3. AMENDMENTS TO FAMILY AND MEDICAL LEAVE ACT OF 1993. (a) Inclusion of Nurse Practitioners as Health Care.--Section 101(6)(C) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(6)(C)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) a nurse practitioner; or''. (b) Extension to Domestic Partners.--Section 101(13) of such Act (29 U.S.C. 2611(13)) is amended by inserting before the period at the end the following: ``, and includes a domestic or civil partner registered or recognized under the applicable domestic or civil partnership of State or local law''. (c) Extension of Period of Family or Medical Leave for Spouses Employed by Same Employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended ``12 workweeks'' and inserting ``24 workweeks''. (d) Clarification of Coverage of Outpatient Hospice Care.--Section 101(11) of such Act (29 U.S.C. 2611(11)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) hospice care; or''.

Family Caregiver Security Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for the use of qualified family caregivers in the provision of home health aide services under Medicare. Amends the Family and Medical Leave Act of 1993 to: (1) include nurse practitioners as health care providers; (2) extend benefits to domestic or civil partners; and (3) extend from 12 to 24 workweeks the period of family or medical leave for spouses employed by the same employer.

To amend title XVIII of the Social Security Act to provide for the use of qualified family caregivers in the provision of home health aide services under the Medicare Program, to amend the Family and Medical Leave Act of 1993, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ukraine Cybersecurity Cooperation Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States established diplomatic relations with Ukraine in 1992, following Ukraine's independence from the Soviet Union. (2) The United States attaches great importance to the success of Ukraine's transition to a modern democratic country with a flourishing market economy. (3) In an effort to undermine democracy in Ukraine, hackers targeted the country's voting infrastructure just days before its 2014 presidential election. (4) In December 2015, a malicious cyber intrusion into Ukrainian electric utility companies resulted in widespread power outages. (5) As a result of the December 2015 cyber incident, the United States sent an interagency team to Ukraine, including representatives from the Department of Energy, the Federal Bureau of Investigation, and the North American Electric Reliability Corporation, to help with the investigation and to assess the vulnerability of Ukraine's infrastructure to cyber intrusion. The visit was followed up by another interagency delegation to Ukraine in March 2016 and a May 2016 United States-Ukrainian tabletop exercise on mitigating attacks against Ukraine's infrastructure. (6) In response to an escalating series of cyber attacks on the country's critical infrastructure--including its national railway system, its major stock exchanges, and its busiest airport--President Petro Poroshenko declared that ``Cyberspace has turned into another battlefield for state independence.''. (7) In May 2017, Ukraine cited activities on Russian social media platforms, including pro-Russian propaganda and offensive cyber operations, as threats to Ukrainian national security. (8) Following the June 2017 Petya malware event--a global cyber incident that primarily affected Ukraine--the Secretary General of the North Atlantic Treaty Organization (NATO) said ``the cyber attacks we have seen * * * very much highlight the importance of the support, the help NATO provides * * * gives * * * or provides to Ukraine to strengthen its cyber defenses, technical and other kinds of support. We will continue to do that and it's an important part of our cooperation with Ukraine.''. (9) In September 2017, the United States and Ukraine conducted the first United States-Ukraine Bilateral Cyber Dialogue in Kyiv, during which both sides affirmed their commitment to an internet that is open, interoperable, reliable, and secure, and the United States announced $5 million in new cyber assistance to strengthen Ukraine's ability to prevent, mitigate, and respond to cyber attacks. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) reaffirm the United States-Ukraine Charter on Strategic Partnership, which highlights the importance of the bilateral relationship and outlines enhanced cooperation in the areas of defense, security, economics and trade, energy security, democracy, and cultural exchanges; (2) support continued cooperation between NATO and Ukraine; (3) support Ukraine's political and economic reforms; (4) reaffirm the commitment of the United States to the Budapest Memorandum on Security Assurances; (5) assist Ukraine's efforts to enhance its cybersecurity capabilities; and (6) improve Ukraine's ability to respond to Russian- supported disinformation and propaganda efforts in cyberspace, including through social media and other outlets. SEC. 4. UNITED STATES CYBERSECURITY COOPERATION WITH UKRAINE. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should take the following actions, commensurate with United States interests, to assist Ukraine to improve its cybersecurity: (1) Provide Ukraine such support as may be necessary to secure government computer networks from malicious cyber intrusions, particularly such networks that defend the critical infrastructure of Ukraine. (2) Provide Ukraine support in reducing reliance on Russian information and communications technology. (3) Assist Ukraine to build its capacity, expand cybersecurity information sharing, and cooperate on international cyberspace efforts. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States cybersecurity cooperation with Ukraine. Such report shall also include information relating to the following: (1) United States efforts to strengthen Ukraine's ability to prevent, mitigate, and respond to cyber incidents, including through training, education, technical assistance, capacity building, and cybersecurity risk management strategies. (2) The potential for new areas of collaboration and mutual assistance between the United States and Ukraine in addressing shared cyber challenges, including cybercrime, critical infrastructure protection, and resilience against botnets and other automated, distributed threats. (3) NATO's efforts to help Ukraine develop technical capabilities to counter cyber threats. Passed the House of Representatives February 7, 2018. Attest: KAREN L. HAAS, Clerk.

Ukraine Cybersecurity Cooperation Act of 2017 (Sec. 3) This bill states that is U.S. policy to: (1) reaffirm the United States-Ukraine Charter on Strategic Partnership, which highlights the bilateral relationship's importance and outlines enhanced cooperation in defense, security, economics and trade, energy security, and democracy; (2) support continued cooperation between the North Atlantic Treaty Organization (NATO) and Ukraine; (3) support Ukraine's political and economic reforms; (4) reaffirm the commitment of the United States to the Budapest Memorandum on Security Assurances; (5) assist Ukraine's efforts to enhance its cybersecurity capabilities; and (6) improve Ukraine's ability to respond to Russian-supported disinformation and propaganda efforts in cyberspace, including through social media. (Sec. 4) It is the sense of Congress that the Department of State should take the following actions, commensurate with U.S. interests, to help Ukraine improve its cybersecurity: (1) provide Ukraine necessary support to secure government computer networks from cyber intrusions, particularly networks that defend critical infrastructure; (2) provide Ukraine support to reduce reliance on Russian information and communications technology; and (3) help Ukraine build capacity, expand cybersecurity information sharing, and cooperate on international cyberspace efforts. The State Department shall report to Congress on U.S.-Ukraine cybersecurity cooperation. Such report shall also include information on: (1) U.S. efforts to strengthen Ukraine's ability to prevent and respond to cyber incidents; (2) the potential for new areas of U.S.-Ukraine mutual assistance in addressing shared cyber challenges, including cyber crime, critical infrastructure protection, and resilience against botnets and other automated, distributed threats; and (3) NATO's efforts to help Ukraine develop technical capabilities to counter cyber threats.

Ukraine Cybersecurity Cooperation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Freedom Ensured Act of 2003 (SAFE) Act''. SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting before the semicolon the following: ``, however, if the identity is unknown, the facilities and places shall be specified''; and (B) in subparagraph (B), by inserting before the semicolon the following: ``, however, if any of the facilities or places are unknown, the identity of the target shall be specified''; and (2) in paragraph (2)(A), by inserting before the semicolon the following: ``, and, in cases where the facility or place at which the surveillance is to be directed is not known at the time the order is issued, that the surveillance be conducted only when the presence of the target at a particular facility or place has been ascertained by the person conducting the surveillance''. SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS. Section 3103a of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``may have an adverse result (as defined in section 2705)'' and inserting ``will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant''; and (B) in paragraph (3), by striking ``a reasonable period'' and all that follows and inserting ``seven calendar days, which period, upon application of the Attorney General, the Deputy Attorney General, or an Associate Attorney General, may thereafter be extended by the court for additional periods of up to seven calendar days each if the court finds, for each application, reasonable cause to believe that notice of the execution of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant.''; and (2) by adding at the end the following new subsection: ``(c) Reports.--(1) On a semiannual basis, the Attorney General shall transmit to Congress and make public a report concerning all requests for delays of notice, and for extensions of delays of notice, with respect to warrants under subsection (b). ``(2) Each report under paragraph (1) shall include, with respect to the preceding six-month period-- ``(A) the total number of requests for delays of notice with respect to warrants under subsection (b); ``(B) the total number of such requests granted or denied; and ``(C) for each request for delayed notice that was granted, the total number of applications for extensions of the delay of notice and the total number of such extensions granted or denied.''. SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Applications for Orders.--Subsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) shall specify that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.''. (b) Orders.--Subsection (c)(1) of that section is amended by striking ``finds'' and all that follows and inserting ``finds that-- ``(A) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and ``(B) the application meets the other requirements of this section.''. (c) Oversight of Requests for Production of Records.--Section 502 of that Act (50 U.S.C. 1862) is amended-- (1) in subsection (a), by striking ``the Permanent'' and all that follows through ``the Senate'' and inserting ``the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate''; and (2) in subsection (b), by striking ``On a semiannual basis,'' and all that follows through ``a report setting forth'' and inserting ``The report of the Attorney General to the Committees on the Judiciary of the House of Representatives and the Senate under subsection (a) shall set forth''. SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT LIBRARIES UNDER NATIONAL SECURITY AUTHORITY. Section 2709 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' before ``A wire or electronic communication service provider''; and (B) by adding at the end the following new paragraph: ``(2) A library shall not be treated as a wire or electronic communication service provider for purposes of this section.''; and (2) by adding at the end the following new subsection: ``(f) Library Defined.--In this section, the term `library' means a library (as that term is defined in section 213(2) of the Library Services and Technology Act (20 U.S.C. 9122(2)) whose services include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally to patrons for their use, review, examination, or circulation.''. SEC. 6. MODIFICATION OF DEFINITION OF DOMESTIC TERRORISM. (a) Modification.--Section 2331(5) of title 18, United States Code, is amended-- (1) by striking subparagraphs (A) and (B) and inserting the following new subparagraph (A): ``(A) involve acts dangerous to human life that constitute a Federal crime of terrorism (as that term is defined in section 2332b(g)(5) of this title); and''; and (2) by redesignating subparagraph (C) as subparagraph (B). (b) Construction.--Nothing in section 2331 of title 18, United States Code, shall be construed to prohibit a State from enforcing the laws of the State relating to terrorism. SEC. 7. EXTENSION OF PATRIOT SUNSET PROVISION. Section 224(a) of the USA PATRIOT ACT of 2001 (Public Law 107-56; 115 Stat. 295) is amended by striking ``213, 216, 219,'' and inserting ``and section 505'' after ``by those sections)''.

Security and Freedom Ensured Act of 2003 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped. Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to seven calendar days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, on a semiannual basis, to transmit to Congress and make public a report concerning all requests for delays of notice and for extensions of such delays. Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or agent. Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records. Redefines "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).

To amend the Foreign Intelligence Surveillance Act of 1978 and title 18, United States Code, to strengthen protections of civil liberties in the exercise of the foreign intelligence surveillance authorities under Federal law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mitigation Fisheries Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. They provide inexpensive energy, flood control, water storage for municipal and agricultural purposes, and opportunities for recreational boating and enjoyment. The construction and operation of these Federal water resources development projects have had impacts on many water systems, habitats, and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the United States Fish and Wildlife Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The Service currently operates fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resources development projects. (4) Inconsistency in authorities to construct and operate Federal water resources development projects has led to a myriad of mechanisms for funding and conducting Federal mitigation fishery activities. In most cases, Federal water project development agencies fund mitigation fishery costs. In some cases, the Service expends its appropriations to offset or completely pay for mitigation fishery costs. (5) The water development agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. SEC. 3. MITIGATION FISHERY ACTIVITIES. (a) Imposition of Charges.--The Director of the Service shall impose a charge for conducting mitigation fishery activities. (b) Fishery Mitigation Plans.-- (1) Development.--A charge imposed by the Service under subsection (a) shall be paid by a water development agency in accordance with a fishery mitigation plan developed and approved by the Director and the head of the agency. (2) Contents.--A fishery mitigation plan developed under this subsection shall-- (A) describe the long-term goals and annual targets under which the Service will conduct mitigation fishery activities in connection with projects carried out by a water development agency; (B) establish charges to be imposed by the Service on the agency for conducting the mitigation fishery activities; and (C) include the terms under which the agency will make payments on the charges to the Service. (3) Participation of states and indian tribes.--A fishery mitigation plan under this section shall be developed in cooperation and coordination with affected States and Indian tribes. (4) Renegotiation.--The Director of the Service and the head of a water development agency shall renegotiate a fishery mitigation plan under this subsection every 3 years to adjust for changing mitigation fishery costs covered by the plan. (c) Amount of Charges.--Charges imposed by the Service for conducting mitigation fishery activities shall be reasonably related to the mitigation fishery costs associated with the activities. (d) Payment of Charges.-- (1) In general.--On or before the first day of each fiscal year beginning after September 30, 2013, a water development agency shall make a payment to the Service for that fiscal year as required under a fishery mitigation plan developed by the Service and the agency under subsection (b). (2) Crediting of payments; availability of amounts.--Funds paid to the Service under this subsection shall-- (A) be credited to the appropriation of the Service initially charged for providing the service for which the payment is being made; (B) be available to the Service for expenditure in amounts specified in appropriations Acts; and (C) remain available until expended. (3) Projects without fishery mitigation plans.--In the absence of a fishery mitigation plan, the Service may conduct mitigation fishery activities and receive funding from a water development agency for the activities based on the terms and conditions that applied with respect to the activities in the prior fiscal year. (e) Definitions.--In this section, the following definitions apply: (1) Mitigation fishery activities.--The term ``mitigation fishery activities'' means rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels (or both) lost as a result of a Federal water resources development project, and includes project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling. (2) Mitigation fishery costs.--The term ``mitigation fishery costs'' means the expenditures necessary to operate, maintain, and rehabilitate mitigation fishery facilities and to conduct mitigation fishery activities, and includes personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, outreach and education, and hatchery product evaluations. (3) Mitigation fishery facility.--The term ``mitigation fishery facility'' means a facility described in subsection (g) that is owned and operated by the Service through the National Fish Hatchery System for the purpose, either wholly or substantially in part, of conducting mitigation fishery activities. (4) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (5) Water development agency.--The term ``water development agency'' means the Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (f) Listing of Mitigation Fishery Facilities.--The mitigation fishery facilities referred to in subsection (f) are as follows: (1) In Arkansas-- (A) Greers Ferry National Fish Hatchery; and (B) Norfork National Fish Hatchery. (2) In Georgia-- (A) Chattahoochee Forest National Fish Hatchery; and (B) Warm Springs Fish Health Center. (3) In Kentucky, Wolf Creek National Fish Hatchery. (4) In Missouri, Neosho National Fish Hatchery. (5) In Montana-- (A) Ennis National Fish Hatchery; and (B) Bozeman Fish Health Center. (6) In North Dakota-- (A) Garrison Dam National Fish Hatchery; and (B) Valley City National Fish Hatchery. (7) In Pennsylvania, Lamar Fish Health Center. (8) In South Dakota, Gavins Point National Fish Hatchery. (9) In Tennessee-- (A) Dale Hollow National Fish Hatchery; and (B) Erwin National Fish Hatchery. (10) In Utah, Jones Hole National Fish Hatchery. (11) In West Virginia, White Sulphur Springs National Fish Hatchery. (12) In Wisconsin, LaCrosse Fish Health Center. (13) In Wyoming, Saratoga National Fish Hatchery.

National Mitigation Fisheries Coordination Act - Directs the U.S. Fish and Wildlife Service (USFWS) to impose a charge for conducting mitigation fishery activities in connection with federal water resources development projects carried out by water development agencies (Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority [TVA]). Requires such agencies to pay the charge in accordance with a fishery mitigation plan developed and approved by the USFWS Director and the agency head. Defines "mitigation fishery activities" as rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels lost as a result of such a project, including project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling. Requires USFWS's charges to be reasonably related to expenditures necessary to: (1) operate, maintain, and rehabilitate certain USFWS-owned and -operated mitigation fishery facilities, hatcheries, and health centers; and (2) conduct mitigation fishery activities, including expenditures for personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, outreach and education, and hatchery product evaluations. Sets forth a listing of applicable mitigation fishery facilities in Arkansas, Georgia, Kentucky, Missouri, Montana, North Dakota, Pennsylvania, South Dakota, Tennessee, Utah, West Virginia, Wisconsin, and Wyoming.

National Mitigation Fisheries Coordination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Health Insurance Program Act of 2001''. SEC. 2. STATE OPTION TO PROVIDE HEALTH BENEFITS COVERAGE FOR PARENTS OF CHILDREN ELIGIBLE FOR CHILD HEALTH ASSISTANCE UNDER THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following new section: ``SEC. 2111. OPTIONAL COVERAGE OF PARENTS OF TARGETED LOW-INCOME CHILDREN. ``(a) Optional Coverage.-- ``(1) In general.--Notwithstanding any other provision of this title, a State that meets the requirements of paragraph (2) may provide for coverage, through an amendment to its State child health plan under section 2102, of parent health assistance for targeted low-income parents in accordance with this section. ``(2) Requirements.--A State may not receive payment under section 2105 for coverage provided under this subsection (or payment under section 1903 for medical assistance provided to parents described in section 1902(a)(10)(A)(ii)(XIV)) unless the State provides assurances satisfactory to the Secretary that-- ``(A) targeted low-income parents in families with higher income are only made eligible (under title XIX or this title) if targeted low-income parents in families with lower income are also eligible; and ``(B) parents are enrolled in the same program (whether under this title or title XIX) as a child of the parents. ``(b) Definitions.--In this section: ``(1) Parent health assistance.--The term `parent health assistance' has the meaning given the term child health assistance in section 2110(a) as if any reference to targeted low-income children were a reference to targeted low-income parents. ``(2) Targeted low-income parent.--The term `targeted low- income parent' means an individual who-- ``(A) is a parent of a targeted low-income child; and ``(B) otherwise satisfies the requirements for a child to be a targeted low-income child (as described in section 2110(b)). ``(3) Parent.--The term `parent' means an individual who is a caretaker relative of a child described in paragraph (2)(A). Such term includes parents, stepparents with whom the child resides, appointed guardians, grandparents, and other relatives. ``(c) References to Terms and Special Rules.--In the case of, and with respect to, a State providing for coverage of parent health assistance to targeted low-income parents under subsection (a), the following special rules apply: ``(1) Any reference in this title (other than in subsection (b)) to a targeted low-income child is deemed to include a reference to a targeted low-income parent. ``(2) Any such reference to child health assistance with respect to such a parent is deemed a reference to parent health assistance. ``(3) Any such reference to a child (other than in section 2104(b)) is deemed a reference to a parent of such child. ``(4) The medicaid applicable income level is the level applicable to the child of that parent. ``(5) In applying section 2103(e)(3)(B) in the case of a parent provided parent health assistance under this section, the limitation on total annual aggregate cost-sharing shall be applied to the entire family. ``(6) Section 2105(c)(3) shall be applied without regard to subparagraph (A). ``(d) Rules of Construction.--Nothing in this section shall be construed-- ``(1) as affecting-- ``(A) the total amount available for allotments under section 2104(a); or ``(B) the amount of the allotment provided to a State under subsection (b) or (c) of section 2104; or ``(2) as requiring a State to provide parent health assistance to all targeted low-income parents.''. (b) Medicaid Conforming Amendments.-- (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by inserting ``or who are optional targeted low-income parents described in section 1905(u)(2)(C), but only if the State provides medical assistance for such optional targeted low- income children'' before the semicolon. (2) Section 1905(u)(2) of the Social Security Act (42 U.S.C. 1396d(u)(2)) is amended-- (A) in subparagraph (A), by inserting ``and for optional targeted low-income parents described in subparagraph (C)'' before the period; and (B) by adding at the end the following new subparagraph: ``(C) For purposes of this paragraph, the term ``optional targeted low-income parent'' means an individual-- ``(i) who is a parent of an optional targeted low-income child; ``(ii) who otherwise satisfies the requirements for a child to be a targeted low-income child (as described in section 2110(b) but determined without regard to that portion of paragraph (1)(C) of such section concerning eligibility for medical assistance under this title); and ``(iii) who are not otherwise eligible for medical assistance under section 1902(a)(10)(A) or section 1931.''. (c) Effective Date.--The amendments made by this section apply to parent health assistance and medical assistance furnished on or after October 1, 2001.

Family Health Insurance Program Act of 2001 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to give States the option to provide for coverage of parent health assistance for targeted low-income parents under SCHIP.

A bill to amend titles XIX and XXI of the Social Security Act to allow States to provide health benefits coverage for parents of children eligible for child health assistance under the State children's health insurance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Communications Privacy Act Modernization Act of 2012''. SEC. 2. REQUIREMENT FOR WARRANT FOR ACCESS TO CONTENTS; NOTICE RULES. (a) Standard for Access to Stored Communications.-- (1) In general.--Section 2703(a) of title 18, United States Code, is amended to read as follows: ``(a) Contents of Wire or Electronic Communications.--(1) 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 stored, held or maintained by that service only pursuant to-- ``(A) a warrant complying with the Federal Rules of Criminal Procedure and issued by a court with jurisdiction over the offense under investigation or equivalent State warrant; or ``(B) a court under title I or title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq. and 1881 et seq.). ``(2) Unless delayed notice is ordered under section 2705, not later than three days after a governmental entity receives contents of a communication under this subsection, the governmental entity shall notify the subscriber or customer concerned of the matters required in notices under, and by the means described in, paragraphs (4) and (5) of section 2705(a).''. (2) Conforming amendment.--Section 2703 of title 18, United States Code, is amended by striking subsection (b). (b) Prohibition on Disclosure of Customer Communications or Records.--Section 2702(a)(3) of title 18, United States Code, is amended 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 to or customer of such service.''. (c) Delayed Notice.--Section 2705 of title 18, United States Code, is amended to read as follows: ``SEC. 2705. DELAYED NOTICE. ``(a) Delay of Notification.--(1) A governmental entity acting under section 2703(a) may, when a warrant is sought, include in the application a request for an order delaying the notification required under section 2703(a) for a period not to exceed 90 days, and the court shall issue the order if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result. ``(2) In paragraph (1) the term `adverse result' means-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(3) The court may, upon application, grant an extension of an order issued under paragraph (1), or of a previous extension of such an order, for up to an additional 90 days. ``(4) Upon expiration of the period of delay granted under this subsection, the governmental entity shall provide the customer or subscriber a copy of warrant together with notice that-- ``(A) states with reasonable specificity the nature of the law enforcement inquiry; and ``(B) informs such customer or subscriber-- ``(i) that information maintained for such customer or subscriber by the service provider named in such process or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place; ``(ii) that notification of such customer or subscriber was delayed; ``(iii) what court made the determination pursuant to which that delay was made; and ``(iv) which provision of this chapter allowed such delay. ``(5) The method of providing matter required to be provided under paragraph (4) may be by service upon the person to whom the matter is to be provided, or delivery by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the warrant. ``(b) Preclusion of Notice to Subject of Governmental Access.--A governmental entity acting under section 2703, to the extent that it may delay notice pursuant to subsection (a) of this section, may apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant is directed not to notify any other person of the existence of the warrant. The court shall enter such an order, or an extension of such an order (or earlier extension), for a period up to 90 days, if the court determines there is reason to believe that notification of the existence of the warrant will result in an adverse result as that term is defined in subsection (a)(2).''. SEC. 3. REPORTING REQUIREMENTS. (a) In General.--Chapter 121 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2713. Reporting requirements ``(a) General Rulemaking Authority for Reports Under This Section.--The Director of the Administrative Office of the United States Courts may make rules regarding the content and form of the reports required under this section and reports required under section 3126. ``(b) Reports Concerning Disclosures.-- ``(1) To administrative office.--Not later than 30 days after the issuance or denial of an order or warrant compelling the disclosure of the contents of any wire or electronic communication or records or information under this chapter the issuing or denying judge shall report to the Administrative Office of the United States Courts-- ``(A) the fact that an order was applied for; ``(B) the type of order applied for; ``(C) whether the order was granted as applied for, was modified, or was denied; ``(D) whether the court also granted delayed notice and the number of times such delay was granted; ``(E) the identity, including district where applicable, of the applying investigative or law enforcement agency making the application and the person authorizing the application; and ``(F) the type of information or records sought in the order. ``(2) To congress.--In April of each year the Director of the Administrative Office of the United States Courts shall report to Congress with respect to the preceding calendar year-- ``(A) the overall total number of each of the events described in the subparagraphs of paragraph (1), regarding applications reported to that Office; and ``(B) a summary and analysis of the data described in paragraph (1). ``(c) Reports Concerning Emergency Disclosures.-- ``(1) To administrative office.--In January of each year, the Attorney General, the Secretary of the Department of Homeland Security, the principal prosecuting attorney of a State, and the principal prosecuting attorney for any political subdivision of a State shall report to the Administrative Office of the United States Courts-- ``(A) the number of accounts from which voluntary disclosures were made under sections (b)(8), (c)(4), or (e) of section 2702; and ``(B) a summary of the basis for disclosure in those instances where-- ``(i) voluntary disclosures under section 2702(b)(8) were made; and ``(ii) the investigation pertaining to those disclosures was closed without the filing of criminal charges. ``(2) To congress.--In April of each year the Director of the Administrative Office of the United States Courts shall report to Congress with respect to the preceding calendar year-- ``(A) the number of voluntary disclosures described in paragraph (1) that were made during the preceding calendar year; and ``(B) a summary and analysis of the information required to be reported by paragraph (1). ``(d) Provider Reporting Requirements.-- ``(1) To administrative office.--Except as provided in paragraph (2), in January of each year each provider of electronic communication service or remote computing services shall report with respect to the preceding calendar year to the Administrative Office of the United States Courts-- ``(A) the number of legal demands received from Federal law enforcement agencies during the preceding calendar year for records concerning electronic communication service or remote computing service; ``(B) the number of legal demands received from Federal law enforcement agencies during the preceding calendar year for the contents of wire or electronic communications in an electronic communications service or a remote computing service; ``(C) the number of legal demands received from State and local law enforcement agencies during the preceding calendar year for records concerning electronic communication service or remote computing service; ``(D) the number of legal demands received from State and local law enforcement agencies during the preceding calendar year for the contents of wire or electronic communications in an electronic communications service or a remote computing service; and ``(E) the number of accounts about which information, including subscriber or customer information, was disclosed, specifying the numbers disclosed pursuant to legal demand and the numbers disclosed voluntarily, to Federal, State, or local law enforcement agencies. ``(2) Exceptions.--The requirement of paragraph (1) does not apply to a provider of electronic communication services or remote computing services that, during the reporting period-- ``(A) received less than 50 requests combined from law enforcement agencies; ``(B) disclosed account information concerning less than 100 subscribers or customers; or ``(C) had less than 100,000 total customers or subscribers at the end of the calendar year. ``(3) Compensation.--The Director of the Administrative Office of the United States Court may provide reasonable compensation to a provider for the costs of compiling a report required under this subsection. ``(4) Confidentiality of identity of service providers.-- The Director of the Administrative Office of the United States Courts shall establish procedures to prevent the release to the public of the identity of service providers with respect to disclosures they make under this subsection. ``(5) To congress.--In April of each year, the Director of the Administrative Office of the United States Courts shall report to Congress with respect to the preceding calendar year-- ``(A) the total numbers of legal demands and of disclosures required to be reported under paragraph (1); and ``(B) a summary and analysis of the information required to be reported by paragraph (1), but without disclosing the identity of any service provider with respect to the disclosures to law enforcement that service provider made.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by adding at the end the following new item: ``2713. Reporting requirements.''. (c) Conforming Amendment.--Section 2702 of title 18, United States Code, is amended by striking subsection (d). SEC. 4. REPORT REGARDING MOBILE TRACKING DEVICES. Not later than two years after the date of the enactment of this subsection, the Attorney General shall complete a study to determine trends relating to the frequency and effectiveness of the use of mobile tracking devices under section 3117 and report the results of that study to Congress. SEC. 5. REPORTS CONCERNING PEN REGISTERS AND TRAP AND TRACE DEVICES. Section 3126 of title 18 is amended to read as follows: ``Sec. 3126. Reports concerning pen registers and trap and trace devices ``(a) To Administrative Office.--Not later than 30 days after the expiration of an order (or each extension thereof) entered under section 3123, or the denial of an order for a pen register or trap and trace device, the issuing or denying judge shall report to the Administrative Office of the United States Courts-- ``(1) the fact that an order or extension was applied for; ``(2) whether the order or extension was granted as applied for, was modified, or was denied; ``(3) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; ``(4) the offense specified in the order or application, or extension of an order; ``(5) the number and nature of the facilities affected; and ``(6) the identity, including district, of the applying investigative or law enforcement agency making the application and the person authorizing the order. ``(b) To Congress.--In April of each year the Director of the Administrative Office of the United States Courts shall report to Congress with respect to the preceding calendar year-- ``(1) the number of applications for pen register orders and orders for trap and trace devices; and ``(2) a summary and analysis of the information required to be reported by subsection (a).''. SEC. 6. TRANSITION PROVISION RELATED TO REPORTING REQUIREMENTS UNDER AMENDMENTS MADE BY THIS ACT. (a) For Reports to the Administrative Office.--Any requirement to report to the Administrative Office of the United States Courts contained in an amendment made by this Act shall not take effect until the beginning of the first January that begins one year or later after the date of the enactment of this Act. (b) For Reports to Congress.--Any requirement for a report to Congress contained in an amendment made by this Act shall not take effect until reports have been required to be made under that amendment to the Administrative Office of the United States Courts pursuant to subsection (a) for an entire calendar year. SEC. 7. MAKING SUPPRESSION REMEDIES THE SAME FOR INTERCEPTED WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS. (a) Section 2518 Amendments.--Section 2518(10) of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``wire'' and inserting ``electronic, wire,''; and (2) by striking paragraph (c). (b) Section 2515 Amendment.--Section 2515 of title 18, United States Code, is amended by striking ``wire'' and inserting ``electronic, wire,''.

Electronic Communications Privacy Act Modernization Act of 2012 - Amends the federal criminal code to revise rules for requiring disclosure by a governmental entity of wire or electronic communications and for delaying notification of the issuance of a warrant requiring such disclosure. Extends such disclosure requirements to providers of a remote computing service. Permits disclosure by a service provider only pursuant to: (1) a warrant complying with the Federal Rules of Criminal Procedure and issued by a court with jurisdiction over the offense under investigation or equivalent state warrant, or (2) a court under title I or title VII of the Foreign Intelligence Surveillance Act of 1978. Authorizes the Director of the Administrative Office of the United States Courts to make rules regarding the content and form of reports required under this Act. Requires the Attorney General to study trends relating to the frequency and effectiveness of the use of mobile tracking devices. Revises reporting requirements for orders for pen registers and trap and trace devices to require issuing or denying judges to report specified information about such orders to the Administrative Office of the U.S. Courts and to require the Director of such Office to report to Congress on such orders. Amends the federal criminal code to allow individuals aggrieved by the interception of an electronic communication to move in court to suppress the content of any such communication (currently, allowed for wire or oral communications only).

To amend title 18, United States Code, regarding access to stored communications and customer records, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Ocean Exploration and Undersea Research Program Act of 2009''. TITLE I--OCEAN EXPLORATION SEC. 101. PURPOSE. The purpose of this title is to establish the national ocean exploration program and the national undersea research program within the National Oceanic and Atmospheric Administration. SEC. 102. PROGRAM ESTABLISHED. The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean and undersea research and exploration. SEC. 103. POWERS AND DUTIES OF THE ADMINISTRATOR. (a) In General.--In carrying out the program authorized by section 102, the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) conduct interdisciplinary voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop and implement, in consultation with the National Science Foundation, a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 105; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensor and autonomous vehicles; and (6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. (b) Donations.--The Administrator may accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans. SEC. 104. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. (a) In General.-- The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, non- governmental, academic, industry, and other experts, shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration and undersea research technology to the programs authorized under this Act; (2) to improve availability of communications infrastructure, including satellite capabilities, to such programs; (3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by such programs available for research and management purposes; (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and (5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and technical expertise to the programs. (b) Budget Coordination.--The task force shall coordinate the development of agency budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a). SEC. 105. OCEAN EXPLORATION ADVISORY BOARD. (a) Establishment.--The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields-- (1) to advise the Administrator on priority areas for survey and discovery; (2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery; (3) to annually review the quality and effectiveness of the proposal review process established under section 103(a)(4); and (4) to provide other assistance and advice as requested by the Administrator. (b) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board appointed under subsection (a). (c) Application With Outer Continental Shelf Lands Act.--Nothing in this title supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $33,550,000 for fiscal year 2009; (2) $36,905,000 for fiscal year 2010; (3) $40,596,000 for fiscal year 2011; (4) $44,655,000 for fiscal year 2012; (5) $49,121,000 for fiscal year 2013; (6) $54,033,000 for fiscal year 2014; and (7) $59,436,000 for fiscal year 2015. TITLE II--UNDERSEA RESEARCH PROGRAM SEC. 201. PROGRAM ESTABLISHED. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program. (b) Purpose.--The purpose of the program is to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, and coastal areas and the Great Lakes. SEC. 202. POWERS OF PROGRAM DIRECTOR. The Director of the program, in carrying out the program, shall-- (1) cooperate with institutions of higher education and other educational marine and ocean science organizations, and shall make available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by these organizations; (2) enter into partnerships, as appropriate and using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry; and (3) coordinate the development of agency budgets and identify the items in their annual budget that support the activities described in paragraphs (1) and (2). SEC. 203. ADMINISTRATIVE STRUCTURE. (a) In General.--The program shall be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant National Oceanic and Atmospheric Administration regions, and the National Institute for Undersea Science and Technology. (b) Direction.--The Director shall develop the overall direction of the program in coordination with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. The Director shall publish a draft program direction document not later than 1 year after the date of enactment of this Act in the Federal Register for a public comment period of not less than 120 days. The Director shall publish a final program direction, including responses to the comments received during the public comment period, in the Federal Register within 90 days after the close of the comment period. The program director shall update the program direction, with opportunity for public comment, at least every 5 years. SEC. 204. RESEARCH, EXPLORATION, EDUCATION AND TECHNOLOGY PROGRAMS. (a) In General.--The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the National Institute for Undersea Science and Technology: (1) Core research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs. (3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. (4) Development, testing, and transition of advanced undersea technology associated with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (5) Discovery, study, and development of natural resources and products from ocean, coastal, and aquatic systems. (b) Operations.--The Director of the program, through operation of the extramural regional centers and the National Institute for Undersea Science and Technology, shall leverage partnerships and cooperative research with academia and private industry. SEC. 205. COMPETITIVENESS. (a) Discretionary Fund.--The Program shall allocate no more than 10 percent of its annual budget to a discretionary fund that may be used only for program administration and priority undersea research projects identified by the Director but not covered by funding available from centers. (b) Competitive Selection.--The Administrator shall conduct an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final program direction under section 203 and every 5 years thereafter. Funding for projects conducted through the regional centers shall be awarded through a competitive, merit-reviewed process on the basis of their relevance to the goals of the program and their technical feasibility. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) for fiscal year 2009-- (A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $5,500,000 for the National Technology Institute; (2) for fiscal year 2010-- (A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $6,050,000 for the National Technology Institute; (3) for fiscal year 2011-- (A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $6,655,000 for the National Technology Institute; (4) for fiscal year 2012-- (A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $7,321,000 for the National Technology Institute; (5) for fiscal year 2013-- (A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $8,053,000 for the National Technology Institute; (6) for fiscal year 2014-- (A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $8,859,000 for the National Technology Institute; and (7) for fiscal year 2015-- (A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; and (B) $9,744,000 for the National Technology Institute.

NOAA Ocean Exploration and Undersea Research Program Act of 2009 - Requires the administrator of the National Oceanic and Atmospheric Administration (NOAA) to: (1) establish within NOAA a coordinated national ocean exploration program that promotes collaboration with other federal ocean and undersea research and exploration programs; (2) convene an ocean exploration and undersea research technology and infrastructure task force; and (3) appoint an Ocean Exploration Advisory Board. Requires the administrator to establish and maintain an undersea research program to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, and coastal areas and the Great Lakes. Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant NOAA regions, and the National Institute for Undersea Science and Technology. Requires that funding for projects conducted through the regional centers be awarded through a competitive, merit-reviewed process.

A bill to establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Revitalization Act of 1996''. SEC. 2. COST SHARING FOR LAND-BASED AND CONFINED DREDGED MATERIAL DISPOSAL FACILITIES. (a) Treatment as General Navigation Feature.--Notwithstanding any other provision of law, the cost of providing, after the date of enactment of this Act, land-based and confined aquatic dredged material disposal facilities associated with the construction, operation, and maintenance of any Federal navigation project for any harbor or other federally maintained waterway, including the cost of diking and applying dredged material to beneficial use, and other improvements necessary for the proper disposal of dredged material at such facilities shall be considered a general navigation feature of the project and shall be subject to cost sharing as a general navigation feature in accordance with section 101(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082-4083). (b) Cost Sharing for Operation and Maintenance.--The Federal share of the cost of operation and maintenance of each disposal facility to which subsection (a) applies shall be determined in accordance with section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b); 100 Stat. 4083). (c) Eligible Operation and Maintenance Costs.--For the purposes of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238; 100 Stat. 4106), eligible operation and maintenance costs shall include-- (1) the Federal share of the costs of constructing dredged material disposal facilities associated with the operation and maintenance of all Federal navigation projects for harbors and other federally maintained waterways; (2) the Federal share of the cost of operating and maintaining dredged material disposal facilities associated with the construction, operation, and maintenance of all such navigation projects; (3) the Federal share of the costs of environmental dredging and disposal facilities for contaminated sediments which are in or which affect the maintenance of such Federal navigation channels and the mitigation of environmental impacts resulting from Federal dredging activities; and (4) the Federal share for the dredging, management and disposal of contaminated sediments, or other environmental remediation in critical port and harbor areas in order to facilitate commercial navigation, as determined by the Secretary. In selecting and carrying out projects made eligible for assistance by paragraph (4), the Secretary of the Army shall give preference to projects in a port area to the extent that annual payments of the harbor maintenance tax imposed by section 9505 of the Internal Revenue Code of 1986 exceed Federal expenditures made from the Harbor Maintenance Trust Fund for projects carried out in such port area. (d) Limitations on Use of Funds.--No funds comprising the Federal share of costs of construction of a dredged material disposal facility for operation and maintenance of Federal navigation projects for harbors and other federally maintained waterways shall be expended for such construction until the Secretary of the Army determines that such funds are not otherwise required to cover other eligible operation and maintenance costs assigned to commercial navigation. The Secretary shall assure that funds expended for construction of such facilities are equitably apportioned in accordance with identified regional needs. (e) Applicability.--This section shall apply to the construction of dredged material disposal facilities for which a contract for construction or construction of usable increment thereof, or the construction of the associated navigation project or usable increment thereof, has not been awarded on or before the date of the enactment of this Act. With the consent of the non-Federal interest, the Secretary of the Army shall amend project cooperative agreements in effect on the date of the enactment of this Act to provide for the Federal share of project costs of dredged material disposal facilities as provided in this section. (f) No Increase in Non-Federal Share.--Nothing in this section shall be construed as increasing, or resulting in the increase of, the non-Federal share of the costs of any dredged material disposal facility authorized to be provided before the date of the enactment of this Act. SEC. 3. FEDERAL PARTICIPATION. (a) Additional Capacity.--At the request of a non-Federal project sponsor, the Secretary of the Army may provide additional capacity at a dredged material disposal facility constructed by the Department of the Army beyond that which would be required for project purposes if the non-Federal project sponsor agrees to pay, during the period of construction, all costs associated with the construction of the additional capacity. The non-Federal project sponsor may recover the costs assigned to the additional capacity through fees assessed on 3rd parties whose dredged sediments are deposited in the facility and who enter into agreements with the non-Federal sponsor for the use of such facility. The amount of such fees may be determined by the non-Federal sponsor. (b) Use of Disposal Facilities.-- (1) In general.--The Secretary of the Army-- (A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Department of the Army by a non-Federal interest if the Secretary determines that such use will not compromise the availability of the facility for project purposes; and (B) may impose fees to recover capital, operation, and maintenance costs associated with such use. (2) Use of fees.--Notwithstanding section 401(c) of the Federal Water Pollution Control Act, any monies received through collection of fees under this subsection shall be available to the Secretary, and shall be used by the Secretary, for the operation and maintenance of the disposal facility from which they were collected. (c) Federal Participation in Non-Federal Disposal Facilities.--The Secretary of the Army is authorized to participate in the construction and use of dredged material disposal facilities developed by non- Federal interests if such facilities are necessary to the construction or operation and maintenance of a Federal navigation project, without respect to whether or not such facilities could be used in environmental restoration of the applicable water body. The Secretary is further authorized to pay disposal fees associated with Federal use of such facilities. (d) Special Rules.--Any reference in this Act to a non-Federal sponsor's obligation to provide ``lands, easements, rights-of-way, relocations and dredged material disposal areas,'' shall, with respect to ``dredged material disposal areas,'' be limited to the acquisition of property and shall not include any costs associated with the construction or preparation of such areas or any related engineering, design, permitting, environmental mitigation, or restoration costs. Unless otherwise specifically provided to the contrary, costs involving preparation or improvement of an acquired disposal area to render it usable for receipt of dredged material shall be considered a part of project costs and as such shall be fully subject to the applicable cost-sharing formulas. (e) Management Techniques.--The Secretary of the Army shall use, to the extent feasible, management techniques to extend the useful life of all land-based and confined aquatic dredged material disposal facilities managed by the Secretary and constructed by the Secretary after the date of the enactment of this Act. SEC. 4. LOWER HARBOR MAINTENANCE TAX. (a) Amount of Tax.--Effective January 1, 1997, section 4461(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) on any port use shall be an amount equal to 0.085 percent of the value of the commercial cargo involved.''. (b) Assessment of Tax.--For each calendar year beginning after the date of the enactment of this Act, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall conduct an assessment of the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986 to determine the advisability of a reduction or an increase in the tax on port use imposed by section 4461 of such Code with the objective of ensuring the maintenance of a balance in the Trust Fund at a sufficient level to pay the eligible operation and maintenance costs as provided for in section 210(a) of the Water Resources Development Act of 1986 and this Act. (c) Report; Process for Changing Amount of Tax.--Not later than December 31, 1997, and December 31 of each calendar year thereafter, the Secretary of the Army shall report to Congress on the determination made under subsection (b). SEC. 5. SEDIMENTS DECONTAMINATION TECHNOLOGY. (a) Project Purpose.--Section 405(a) of the Water Resource Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863) is amended by adding at the end the following: ``(3) Project purpose.--The purpose of the project to be carried out under this section is to provide for the development of 1 or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year.''. (b) Authorization of Appropriations.--The first sentence of section 405(c) of such Act is amended by inserting before the period at the end the following: ``and ending before October 1, 1996, and $10,000,000 for fiscal years beginning after September 30, 1996''. (c) Reports.--Section 405 of such Act is amended by adding at the end the following: ``(d) Reports.--Not later than September 30, 1998, and September 30 of each calendar year thereafter, the Administrator and the Secretary shall transmit to Congress a report on the results of the project to be carried out under this section, including an assessment of the progress made in achieving the purpose of the project set forth in subsection (a)(3).''. SEC. 6. AUTHORIZATION OF DREDGE MATERIAL CONTAINMENT FACILITY FOR PORT OF NEW YORK/NEW JERSEY. (a) In General.--The Secretary of the Army is authorized to construct, operate, and maintain a dredged material containment facility with a capacity commensurate with the long-term dredged material disposal needs of port facilities under the jurisdiction of the Port of New York/New Jersey substantially in accordance with a final report of the Chief of Engineers. The costs associated with feasibility studies, design, engineering, and construction shall be shared with the local sponsor in accordance with the provisions of section 2 of this Act. (b) Eligibility.--Notwithstanding the provisions of the Marine Protection, Research, and Sanctuaries Act of 1972, dredged material from the Port of New York/New Jersey that is not acceptable for ocean disposal may be disposed of in the facility to be constructed under this section. (c) Beneficial Use.--After the facility to be constructed under subsection (a) has been filled to capacity with dredged material, the Secretary shall maintain the facility for the public benefit.

Port Revitalization Act of 1996 - Provides that the cost of providing land-based and confined aquatic dredged material disposal facilities (facilities) associated with the construction, operation, and maintenance of any Federal navigation project for any harbor or other federally maintained waterway shall be considered a general navigation feature (thereby allowing the Harbor Maintenance Trust Fund to be used to cover such dredging and disposal activities). Provides for the determination of the Federal share of the costs of operation and maintenance (O&M) of such disposal facilities, as well as eligible O&M costs related to such facilities. Prohibits the expenditure of such funds until the Secretary of the Army determines that such funds are not otherwise required to cover other eligible O&M costs assigned to commercial navigation. (Sec. 3) Authorizes the Secretary, at the request of a non-Federal project sponsor, to provide additional capacity at a facility constructed by the Army beyond that which would be required for project purposes if the non-Federal sponsor agrees to pay all costs associated with the construction of the additional capacity. Allows such costs to be recovered through the assessment of user fees from third parties whose dredged materials are deposited in such facilities and who enter into agreements for the use of such facilities. Requires all user fees collected to be used by the Secretary for O&M costs associated with the facility. Authorizes the Secretary to participate in the construction and use of facilities developed by non-Federal interests if such facilities are necessary to the construction or O&M of a Federal navigation project. Authorizes the Secretary to pay disposal fees associated with the use of such facilities. Authorizes the Secretary to use management techniques to extend the useful life of all land-based and confined dredged material disposal facilities constructed and managed by the Secretary after the enactment of this Act. (Sec. 4) Amends the Internal Revenue Code to lower, effective on January 1, 1997, the tax imposed on the use of any U.S. port to 0.085 (currently, 0.125) percent of the value of the commercial cargo involved. Directs the Secretary, in each calendar year, to conduct an assessment of the Harbor Maintenance Trust Fund to determine whether such tax should be reduced or increased to ensure that such Fund remains at a sufficient level to pay the eligible O&M costs under this Act and the Water Resources Development Act of 1986. Requires an annual report from the Secretary to the Congress on such determination. (Sec. 5) Amends the Water Resources Development Act of 1992 to add as a purpose of a pilot project under such Act the development of one or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. Extends permanently the authorization of appropriations for such pilot project. Requires the Secretary and the Administrator of the Environmental Protection Agency to report annually to the Congress on the results of the project, including the development of decontamination technologies. (Sec. 6) Authorizes the Secretary to construct, operate, and maintain a dredged material containment facility for the Port of New York-New Jersey substantially in accordance with a final report of the Army Chief of Engineers. Requires the Secretary to maintain the facility for the public benefit after it has been filled to capacity with dredged material.

Port Revitalization Act of 1996

SECTION 1. READICALL EMERGENCY ALERT SYSTEM. (a) In General.--Title V of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 510. READICALL EMERGENCY ALERT SYSTEM. ``(a) In General.--As soon as is practicable, but not later than 1 year after the date of the enactment of this section, the Secretary, working in coordination with appropriate Federal agencies, State, and local domestic security agencies, and national private sector networks and infrastructure, shall develop and implement an emergency telephonic alert notification system which shall be known as the Responsive Emergency Alert and Dissemination of Information Call System or READICall System. ``(b) Functions.--The System shall be designed-- ``(1) to alert persons in the United States of imminent or current hazardous events caused by acts of terrorism and other man-made disasters; and ``(2) to provide information to individuals regarding appropriate measures that may be undertaken to alleviate or minimize threats to their safety and welfare posed by such events. ``(c) Coordination and Collaboration.--In implementing this section, the Secretary shall-- ``(1) to the maximum extent possible, make use of national private sector networks, technology, personnel, and infrastructure to develop and implement the System; ``(2) develop coordinated infrastructure for the System, in collaboration with the Assistant Secretary of Commerce for Communications and Information, the national teleservices industry, and other Federal, State, and local governmental agencies as may be necessary, that-- ``(A) uses the full range of available telecomunications technology; and ``(B) will be able to-- ``(i) provide immediate notification and warning upon approval by the Secretary, via telephone to all telephone subscribers within the United States and its territories in the event of an emergent national crisis resulting from a terrorist act or acts; ``(ii) target specific regions, communities, neighborhoods, or locations of emergent local crises and provide notification and warning to just the affected areas if appropriate; ``(iii) to the extent possible, provide for a distinct ring so that telephone subscribers are immediately aware of the emergency nature of the call; and ``(iv) disseminate necessary information to a telephone subscriber related to the emergency situation and appropriate courses of action to take; and ``(3) in developing the System, undertake a collaborative effort between the Department and other Federal agencies, State, and local domestic security agencies, and organizations of first responders, so that-- ``(A) the System will allow for necessary interoperability between different sources of terrorist threat information; ``(B) the System will allow for the immediate dissemination of information both laterally and horizontally, such that information can be provided from all levels of governmental sources; and ``(C) appropriate standards, protocols, procedures, and terminology are determined to minimize inconsistencies and miscommunication with intelligence information, including appropriate definitions for situations that would constitute a threat for which the System would be used. ``(d) Authorities.--The Secretary may conduct research and pilot programs as may be necessary to determine and improve the effectiveness of the System. ``(e) Reports to Congress.--The Secretary shall submit a report to the Congress on the status of the System-- ``(1) by not later than 6 months after the date of enactment of this Act; and ``(2) yearly thereafter. ``(f) Definitions.--In this section: ``(1) System.--The term `System' means the Responsive Emergency Alert and Dissemination of Information Call System or READICall System established under this section. ``(2) Telephone subscriber.--The term `telephone subscriber' means any residents of the United States (including territories of the United States) who receives telephone service via a traditional residential telephone, business telephone, or wireless telephone.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 509 the following: ``Sec. 510. READICall emergency alert system.''.

Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security to develop and implement an emergency telephonic alert notification system (the Responsive Emergency Alert and Dissemination of Information Call System or READICall System) to: (1) alert persons of imminent or current hazardous events caused by terrorist acts and other man-made disasters; and (2) provide information to individuals regarding measures to alleviate or minimize threats to their safety and welfare. Directs the Secretary to: (1) make use of national private sector networks, technology, personnel, and infrastructure to develop and implement the System; (2) develop coordinated infrastructure for the System that will be able to provide immediate notification and warning to all telephone subscribers in the United States in a national crisis resulting from a terrorist act and to target specific locations and warn just the affected areas; and (3) collaborate with other Federal, State, and local agencies to allow interoperability between different sources of terrorist threat information, allow the immediate dissemination of information from all levels of governmental sources, and develop standards, protocols, procedures, and terminology to minimize inconsistencies and miscommunication with intelligence information.Authorizes the Secretary to conduct research and pilot programs as may be necessary for improving the effectiveness of such System.

To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and implement the READICall emergency alert system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wind Engineering Research Program Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hurricanes and tornadoes kill more Americans and destroy more property than any other natural disaster. (2) Each year, in the United States, extreme winds cause billions of dollars of damage to homes, schools, and other buildings, roads and bridges, electrical power distribution networks, and communications networks. (3) Research on wind and wind engineering has resulted in improved methods for making buildings and other structures less vulnerable to extreme winds, but additional research funding is needed to develop new, improved, and more cost-effective methods of wind-resistant construction. (4) Federal funding for wind engineering research has decreased drastically over the last 20 years. (5) Wind research has been hampered by a lack of data on near-surface wind speed and distribution during hurricanes, tornadoes, and other severe storms. (6) Many existing methods for wind-resistant construction are inexpensive and easy to implement but often they are not applied because the construction industry and the general public are unaware of such methods. (7) Various Federal agencies have important roles to play in wind engineering research, but at present there is little interagency cooperation or coordination in this area. (8) Establishment of a Federal Wind Engineering Research Program would result in new technologies for wind-resistant construction, broader application of such technologies in construction, and ultimately reduced loss of life and property due to extreme winds. SEC. 3. PURPOSE. The purpose of this Act is to create a Wind Engineering Research Program within the National Institute of Standards and Technology, which would-- (1) provide for wind engineering research; (2) serve as a clearinghouse for information on wind engineering; and (3) improve interagency coordination on wind engineering research between the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the National Science Foundation, the Federal Aviation Administration, and other appropriate Federal agencies. SEC. 4. ESTABLISHMENT OF PROGRAM. Within the National Institute of Standards and Technology, there shall be established a Wind Engineering Research Program which shall-- (1) conduct research and development, in cooperation with the private sector and academia, on new methods for mitigating wind damage due to hurricanes, tornadoes, and other severe storms; (2) coordinate research requiring the use of wind tunnels with other Federal agencies having appropriate facilities, such as the National Aeronautics and Space Administration, for wind engineering research; (3) disseminate information on the application of existing research results and methods for reducing wind damage to buildings that are usually incompletely engineered or nonengineered, such as single family dwellings, mobile homes, light industrial buildings, and small commercial structures; (4) transfer technology developed in wind engineering research to the private sector so that it may be applied in building codes, design practice, and construction; (5) conduct, in conjunction with the National Oceanic and Atmospheric Administration, post-disaster research following hurricanes, tornadoes, and other severe storms to evaluate the vulnerability of different types of buildings to extreme winds; (6) serve as a point of contact for dissemination of research information on wind engineering and work with the private sector to develop education and training programs on construction techniques developed from research results for reducing wind damage; (7) work with the National Oceanic and Atmospheric Administration, the Federal Aviation Administration, and other Federal agencies on meteorology programs to collect and disseminate more data on extreme wind events; and (8) work with the National Science Foundation to support and expand basic research on wind engineering. SEC. 5. WIND ENGINEERING RESEARCH ADVISORY COMMITTEE. (a) Establishment.--Not later than 120 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall establish an independent Wind Engineering Research Advisory Committee (in this Act referred to as the ``advisory committee''). (b) Duties.--The advisory committee shall provide advice and recommendations to the Director of the National Institute of Standards and Technology regarding the needs, objectives, and plans with respect to the development of the wind engineering research and development plan referred to in section 6, including the role of other Federal agencies in implementing the plan. (c) Membership.--The advisory committee shall be composed of members appointed by the Director of the National Institute of Standards and Technology from among individuals who are not employees of the Department of Commerce and who are specially qualified to serve on the advisory committee by virtue of their education, training, or experience. A majority of the members of the advisory committee shall be individuals with experience in wind engineering research and development. (d) Termination.--The advisory committee shall terminate within 60 days after the development of the plan referred to in section 6. SEC. 6. WIND ENGINEERING RESEARCH AND DEVELOPMENT PLAN. (a) Development.--Not later than one year after the date of the establishment of the advisory committee, the Director of the National Institute of Standards and Technology shall develop an integrated plan (in this Act referred to as the ``plan'') for a national wind engineering research and development program. The Director shall consult with the Director of the National Science Foundation and draw upon the recommendations of the advisory committee in developing the plan. (b) Contents.--The plan referred to in subsection (a) shall include-- (1) details of the wind engineering research and development programs currently conducted by the National Institute of Standards and Technology and the National Science Foundation and how those programs can be integrated into the plan; (2) details for each area of research and development included in the plan, including appropriate funding levels, a schedule with milestones, preliminary cost estimates, appropriate work scopes, personnel requirements, estimated costs and goals for the next 5 years, and the role of other appropriate Federal agencies, if any, in implementing the plan; (3) a means to provide for the transfer to the private sector of technology developed as a result of wind engineering research, for use in building codes, design practice, and construction; and (4) details regarding how the program can be conducted in cooperation with industry and the private sector. SEC. 7. AUTHORIZATIONS. (a) Authorization for National Institute of Standards and Technology.--There are authorized to be appropriated to the National Institute of Standards and Technology for the purposes of this Act, $1,000,000 for fiscal year 1994, $3,000,000 for fiscal year 1995, and $5,000,000 for fiscal year 1996. (b) Cooperative Agreements.--Of the amounts appropriated under subsection (a), no less than 50 percent shall be used for cooperative agreements with the National Oceanic and Atmospheric Administration, the National Science Foundation, and Federal Aviation Administration, or other agencies, for wind engineering research, development of improved practices for structures, and the collection and dissemination of meteorological data needed for wind engineering.

Wind Engineering Research Program Act of 1993 - Establishes within the National Institute of Standards and Technology (Institute) a Wind Engineering Program which shall: (1) provide for wind engineering research; (2) serve as an information clearinghouse; and (3) improve interagency coordination on wind engineering research. Requires the Director of the Institute to establish: (1) a Wind Engineering Research Advisory Committee; and (2) a national wind engineering research and development plan.

Wind Engineering Research Program Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Flood Mitigation and Recovery Act of 2010''. SEC. 2. CORPS OF ENGINEERS FLOOD DAMAGE REDUCTION PROJECTS. (a) In General.--In carrying out a study for a flood damage reduction project to be carried out for a flood prone disaster area, the Secretary of the Army may determine that the project is justified and recommend the project solely on the basis that the non-Federal interest for the project has demonstrated that the project is appropriate and needed to protect the long-term economic viability of the area. (b) Flood Prone Disaster Area Defined.--In this section, the term ``flood prone disaster area'' means an area determined by the President at any time to be a flood prone disaster area under section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by section 3 of this Act). SEC. 3. FLOOD PRONE DISASTER AREAS. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended-- (1) by redesignating the second section 425 (42 U.S.C. 5189e; relating to essential service providers) as section 427; and (2) by adding at the end the following: ``SEC. 428. FLOOD PRONE DISASTER AREAS. ``(a) Determination of Flood Prone Disaster Areas.-- ``(1) In general.--If the President declares under section 401 that a major disaster exists in an area due to flooding, the President shall determine at the time of the declaration whether the area qualifies as a flood prone disaster area for the purposes of this section. ``(2) Criteria.--The President shall determine an area to be a flood prone disaster area under paragraph (1) if the area has experienced at least 2 other major disasters due to flooding during the 5-year period preceding the date of the declaration referred to in paragraph (1). ``(3) Applicability.--The determination that an area is a flood prone disaster area in connection with a major disaster shall apply to assistance made available under this Act with respect to that disaster. ``(b) Special Rules for Flood Prone Disaster Areas.-- ``(1) Contributions for hazard mitigation measures.-- ``(A) Federal share.--In making contributions for hazard mitigation measures under section 404 for the benefit of a flood prone disaster area, the President shall treat the `75 percent' specified in the first sentence of subsection (a) of that section as-- ``(i) 90 percent; or ``(ii) 100 percent, if the President determines that the measures would not be carried out without additional Federal funding and are necessary to protect the long-term economic viability of the area. ``(B) Total contributions.--In making contributions for hazard mitigation measures under section 404 for the benefit of a flood prone disaster area, the President shall-- ``(i) treat the `15 percent' specified in the last sentence of subsection (a) of that section as 20 percent; and ``(ii) treat the `20 percent' specified in section 322(e)(1) as 25 percent. ``(2) Repair, restoration, and replacement of damaged facilities.--In making contributions for the repair, restoration, reconstruction, or replacement of facilities under section 406 for the benefit of a flood prone disaster area, the President shall treat the `75 percent' specified in subsection (b)(1) of that section as-- ``(A) 90 percent; or ``(B) 100 percent, if the President determines that the activity would not be carried out without additional Federal funding and is necessary to protect the long-term economic viability of the area. ``(c) Flood Prone Disaster Area Task Forces.-- ``(1) Establishment.--In each State that includes a flood prone disaster area, the President shall establish a task force to ensure that activities in response to the major disaster in that area are coordinated and carried out appropriately. ``(2) Membership.--The President shall ensure, to the extent practicable, that each task force established under paragraph (1) is composed of the heads of all Federal and State agencies relevant to disaster response activities in the flood prone disaster area.''. SEC. 4. HAZARD MITIGATION. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Timing of Contributions.--In making contributions for hazard mitigation measures under this section with respect to a major disaster, the President, to the extent practicable, shall-- ``(1) review an application for assistance not later than 3 months after the date on which the application is received; and ``(2) begin providing contributions to the cost of the measures not later than 6 months after the date on which the major disaster is declared.''. SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. Section 408(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(a)) is amended by adding at the end the following: ``(3) Consideration of certain factors.--In determining whether to provide financial assistance or direct services under this section to an individual or household affected by a major disaster, the President shall give consideration to-- ``(A) the economic impact of the major disaster on the area in which the individual or household is located; and ``(B) the number of other major disasters that have been declared with respect to that area during the preceding 5-year period.''. SEC. 6. EMERGENCY RELIEF. Section 120(e) of title 23, United States Code, is amended by inserting after ``natural disaster or catastrophic failure'' the following: ``, or accomplished more than 180 days after the actual occurrence if the Secretary determines that inclement weather or flooding prevented accomplishment within 180 days,''. SEC. 7. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES PILOT PROGRAM. (a) In General.--During the 2-year period beginning on the date of enactment of this Act, the President shall select 3 major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for the use of modified response procedures in accordance with subsection (b). (b) Modified Response Procedures.--With respect to a major disaster selected for modified response procedures under subsection (a), the President, in carrying out section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), shall make contributions to a State or local government for a repair, restoration, reconstruction, or replacement project-- (1) at the time that a bid is selected for awarding the contract with respect to the project; and (2) in an amount based on the bid selected. (c) Report.--Not later than 30 months after the date of enactment of this Act, the President shall submit to Congress a report on the results of the use of modified response procedures under this section, including a description of-- (1) any benefits that resulted from the use of the procedures; and (2) any overpayments that resulted from the use of the procedures. SEC. 8. INDIAN TRIBE DISASTER RESPONSE MANAGEMENT PILOT PROGRAM. (a) Establishment.--The President shall establish an Indian tribe disaster response management pilot program (in this section referred to as the ``program'') in accordance with this section. (b) Participants.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the President shall select 5 Indian tribes (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) to participate in the program. (2) Consideration of past major disaster declarations.--In considering an Indian tribe for participation in the program, the President shall give consideration to the number of major disasters that have been declared with respect to the lands of the Indian tribe by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (c) Treatment as States.-- (1) In general.--Notwithstanding section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), an Indian tribe selected for participation in the program shall be treated as a State for purposes of-- (A) requesting, under section 401 of such Act (42 U.S.C. 5170), a declaration by the President that a major disaster exists with respect to lands of the Indian tribe; and (B) managing response activities under that Act with respect to a major disaster declared. (2) Duration.--An Indian tribe selected for participation in the program shall be treated as a State in accordance with paragraph (1) during the 5-year period beginning on the date on which the Indian tribe is selected for program participation. (d) Technical Assistance and Grants.--The President is authorized to provide technical assistance and grants to an Indian tribe selected for participation in the program to ensure that the Indian tribe has the appropriate personnel for and is prepared to manage disaster response activities during program participation. (e) Report.--Not later than 30 months after the date of enactment of this Act, the President shall submit to Congress a report describing the results of the program and any related recommendations, including a recommendation on whether to make the program permanent and allow the participation of all Indian tribes. SEC. 9. STUDY AND IMPLEMENTATION PLAN GRANTS WITH RESPECT TO ROAD PROJECTS. The Administrator of the Federal Emergency Management Agency is authorized to make a grant to a State to assist the State to-- (1) conduct a study to determine and prioritize road projects that need to be completed for the State to be prepared for flooding or other potential disasters; and (2) develop an implementation plan for projects determined to be a priority under paragraph (1). SEC. 10. REPORT ON COMMUNICATION. Not later than 12 months after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report that includes-- (1) a description of the efforts of the Administrator to improve communication with State and local officials with respect to the disaster response, recovery, and hazard mitigation programs of the Agency; and (2) recommendations for continuing to improve such communication. SEC. 11. HAZARD MITIGATION ASSISTANCE REPORT. Not later than 6 months after the date of enactment of this Act, the President shall submit to Congress a report that includes-- (1) a description of the efforts of the President to utilize contributions made under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) for hazard mitigation projects; (2) an assessment of the effectiveness of the efforts described in paragraph (1), including a specification of impediments to effectiveness; (3) recommendations for improving the effectiveness of the efforts described in paragraph (1); and (4) a description of the interaction between the efforts described in paragraph (1) and contributions for hazard mitigation measures made under section 404 of such Act (42 U.S.C. 5170c). SEC. 12. GAO STUDIES AND REPORTS. (a) Assistance to Distressed Communities.-- (1) Study.--The Comptroller General shall conduct a study on the effectiveness of the major disaster declaration process and other response activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in providing assistance to distressed communities, including Indian tribes (as such term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))). (2) Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1). (b) Paperwork Reduction for Hazard Mitigation Projects.-- (1) Study.--The Comptroller General shall conduct a study on the application processes and paperwork required for programs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that provide assistance for hazard mitigation activities, including whether application process complexity prevents certain entities from applying for the assistance. (2) Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1), which shall include recommendations for streamlining the application processes and paperwork required for programs that provide assistance for hazard mitigation activities.

Rural Flood Mitigation and Recovery Act of 2010 - Authorizes the Secretary of the Army to determine that a flood damage reduction project for a flood prone disaster area is justified and to recommend the project solely on the basis that the non-federal interest has demonstrated that the project is appropriate and needed to protect the area's long-term economic viability. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President: (1) upon declaring that a major disaster exists in an area due to flooding, to determine whether the area qualifies as a flood prone disaster area; (2) to determine an area to be a flood prone disaster area if it has experienced at least two other major disasters due to flooding during the preceding five-year period; (3) in making contributions for hazard mitigation measures to benefit such an area, and for repair, restoration, and replacement of facilities for such area's benefit, to provide for a federal share of 90% (or 100% if the President determines that the measures would not be carried out without additional federal funding and are necessary to protect the area's long-term economic viability); and (4) in each state that includes such an area, to establish a task force to ensure that activities in response to the major disaster in that area are coordinated and carried out appropriately. Requires the President: (1) in making contributions for hazard mitigation measures for a major disaster, to review an application for assistance within three months of receipt and begin providing contributions to the cost of the measures within six months after the disaster is declared; and (2) in determining whether to provide financial assistance or direct services to an individual or household affected by a major disaster, to consider the economic impact on the area and the number of other major disasters that have been declared there during the preceding five-year period. Permits a higher federal share payable for repair or reconstruction for Interstate highway system projects to be accomplished more than 180 days after the actual occurrence of a natural disaster or catastrophic failure if the Secretary determines that inclement weather or flooding prevented accomplishment within that period. Requires the President to select three declared major disasters for the use of modified response procedures, under which the President shall make contributions to a state or local government for a repair, restoration, reconstruction, or replacement project: (1) at the time a bid is selected for awarding the contract for the project; and (2) in an amount based on the bid selected. Directs the President to: (1) establish an Indian tribe disaster response management pilot program; and (2) report to Congress on efforts of the President to utilize for hazard mitigation projects contributions made for the repair, restoration, reconstruction, or replacement of facilities damaged or destroyed by a major disaster. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to make a grant to assist a state in conducting a study to determine and prioritize road projects that need to be completed for the state to be prepared for flooding or other potential disasters and to develop an implementation plan for priority projects. Directs the Administrator to report to Congress on efforts to improve communication with state and local officials with respect to FEMA's disaster response, recovery, and hazard mitigation programs. Directs the Comptroller General to study and report to Congress on: (1) the effectiveness of the major disaster declaration process and other response under the Stafford Act in providing assistance to distressed communities; and (2) the application processes and paperwork required for programs under the Stafford Act that provide assistance for hazard mitigation activities.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve recovery and hazard mitigation activities with respect to major disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``The American Horse Slaughter Prevention Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Horses have played a significant role in the history and culture of the United States. (2) Horses in the United States are not raised for food or fiber. (3) As a non-food and recreational animal, horses should be protected from slaughter. (4) The foreign-owned horse slaughter industry has slaughtered and exported for human consumption over 3 million American horses in the last 2 decades. (5) Approximately 55,000 American horses are slaughtered for human consumption annually in the United States by foreign- owned slaughterhouses. Tens of thousands of live horses are exported from the United States annually for slaughter. (6) Horses slaughtered in these foreign-owned plants in the United States have often been hauled several thousand miles over several days, contrary to acceptable non-slaughter standards for water, food, and rest. (7) Many horses shipped to slaughter are young, healthy animals. Others are old, sick, blind, crippled and in otherwise poor condition and are unfit to withstand the rigors of long travel. Horses sent to be slaughtered are often shipped on crowded double deck trucks designed for shorter necked species such as pigs, cattle and sheep, and are forced to travel in a bent position which can result in suffering, injury and death. (8) Killing of horses by foreign-owned slaughterhouses in the United States contrasts with the preferable method of killing by chemical euthanasia. (9) Horses endure repeated blows to the head with stunning equipment that often does not render the animals unconscious. Some horses proceed still conscious through the remaining stages of slaughter being bled out and dismembered. (10) Because horses in America are not food animals, veterinarians commonly prescribe and treat horses with potent drugs that may reside in the horseflesh and be dangerous when consumed by humans. (11) Because of the lack of disclosure on the part of the agents and dealers for the slaughter plants people's horses are many times acquired and slaughtered through fraud and misrepresentation. Slaughter also provides a quick and evidence-free outlet for stolen horses. (12) The imposition of a ban on the sale of horseflesh for human consumption, regardless of its source, is consistent with the international obligations of the United States because it applies equally to domestic and foreign producers and avoids any discrimination among foreign sources of competing products. Such a ban is also consistent with provisions of international agreements to which the United States is a party that expressly allow for measures designed to protect the health and welfare of animals and to enjoin the use of deceptive trade practices in international or domestic commerce. SEC. 3. PURPOSE. The purpose of this Act is -- (1) to prohibit the slaughter of horses for human consumption; (2) to prohibit the sale, possession, and trade of horseflesh for human consumption; (3) to prohibit the sale, possession, and trade of live horses for slaughter for human consumption. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Euthanasia.--The term ``euthanasia'' means to kill an animal humanely by means that immediately renders the animal unconscious, with this state remaining until the animal's swift death. (2) Export.--The term ``export'' means to take from any place subject to the jurisdiction of the United States to a place not subject to such jurisdiction, whether or not the taking constitutes an exportation within the meaning of the customs laws of the United States. (3) Horse.--The term ``horse'' means all members of the equid family, including horses, ponies, donkeys, mules, asses, and burros. (4) Horseflesh.--The term ``horseflesh'' means the flesh of a dead horse, including the animal's viscera, skin, hair, hide, hooves, and bones. (5) Human consumption.--The term ``human consumption'' means ingestion by people as a source of food. (6) Import.--The term ``import'' means to bring into any place subject to the jurisdiction of the United States from a place not subject to such jurisdiction, whether or not the bringing constitutes an importation within the meaning of the customs laws of the United States. (7) Person.--The term ``person'' means-- (A) an individual, corporation, partnership, trust, association, or other private entity; (B) an officer, employee, agent, department, or instrumentality of-- (i) the Federal Government; or (ii) any State, municipality, or political subdivision of State; or (C) any other entity subject to the jurisdiction of the United States. (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (9) Slaughter.--The term ``slaughter'' means the commercial slaughter of one or more horses with the intent to sell, barter, or trade the flesh for human consumption. (10) State.--The term ``State'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory, or possession of the United States. (11) Transport.--The term ``transport'' means to move by any means, or to receive or load onto a vehicle for the purpose of movement. (12) United states.--The term ``United States'' means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. SEC. 5. PROHIBITED ACTS. (a) In General.--A person shall not-- (1) slaughter a horse for human consumption; (2) import into, or export from, the United States horseflesh for human consumption or live horses intended for slaughter for human consumption; (3) sell or barter, offer to sell or barter, purchase, possess, transport, deliver, or receive horseflesh for human consumption or live horses intended for slaughter for human consumption; or (4) solicit, request, or otherwise knowingly cause any act prohibited under paragraph (1), (2), or (3). SEC. 6. PENALTIES AND ENFORCEMENT. (a) Criminal Penalties.--A person who violates section 5 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (b) Civil Penalties.-- (1) In general.--Any person who violates any provision of section 5 shall, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, or any other provision of law, be assessed, by the Secretary, a civil penalty of not more than $5,000 but not less than $2,500, and shall have confiscated all horses in that person's physical or legal possession at the time of arrest, if said horses are intended for slaughter. (2) Debarment.--The Secretary shall prohibit a person from importing, exporting, transporting, trading, or selling horses in the United States, if the Secretary finds that the person has engaged in a pattern or practice of actions that has resulted in a final judicial or administrative determination with respect to the assessment of criminal or civil penalties for violations of any provision of this Act (c) Notice; Hearing.--No monetary penalty may be assessed under this subsection against a person unless the person is given notice and opportunity for a hearing with respect to such violation in accordance with section 554 of title 5, United States Code. (d) Enforcement.-- (1) Use of personnel.--The Secretary shall enforce this Act, and may use, by agreement, the personnel, services, and facilities of any other Federal, State, or local agency for the purposes of enforcing this Act. For good cause shown, the Secretary may remit or mitigate any civil penalty. (2) Execution of process; arrest; search; seizure.--Any person authorized by the Secretary to enforce this Act may execute any warrant or process issued by any officer or court of competent jurisdiction to enforce this Act. Such a person so authorized may, in addition to any other authority conferred by law-- (A) with or without warrant or other process, arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder; (B) seize the cargo of any truck or other conveyance used or employed to violate this Act or the regulations issued hereunder or which reasonably appears to have been so used or employed; and (C) seize, whenever and wherever found, all horses and horseflesh possessed in violation of this Act or the regulations issued thereunder and dispose of them, in accordance with this section and regulations prescribed by the Secretary. (3) Placement of confiscated horses.-- (A) Temporary placement.--After confiscation of a live horse pursuant to this Act, the arresting authorities shall work with animal welfare societies and animal control departments to ensure the temporary placement of the horse with an animal rescue facility that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code, while the person charged with violating this Act is prosecuted. If placement at such a facility is not possible, the arresting authorities shall work with animal welfare societies and animal control departments to temporarily place the horse with a facility that has as its primary purpose the humane treatment of animals, or another suitable location. (B) Bonds.-- (i) Posting of bond.--The owner of a horse confiscated pursuant to this Act may prevent permanent placement of the horse by the facility that has temporary custody of the horse by posting a bond with the court in an amount the court determines is sufficient to provide for the necessary care and keeping of the horse for at least 60 days, including the day on which the horse was taken into custody. Such bond shall be filed with the court within 10 days after the horse is confiscated. If a bond is not so posted, the custodial facility shall determine permanent placement of the horse in accordance with reasonable practices for the humane treatment of animals. If the animal has not yet been returned to the owner at the end of the time for which expenses are covered by the bond, and if the owner desires to prevent permanent placement of the animal by the custodial facility, the owner shall post a new bond with the court within ten days following the prior bond's expiration. If a new bond is not so posted, the custodial facility shall determine permanent placement of the horse in accordance with reasonable practices for the humane treatment of animals. (ii) Costs for providing care for horse deducted from bond.--If a bond has been posted in accordance with clause (i), the custodial facility may draw from the bond the actual reasonable costs incurred by the facility in providing the necessary care and keeping of the confiscated horse from the date of the initial confiscation to the date of final disposition of the horse in the criminal action charging a violation of this Act. (C) Permanent placement.--Any horse confiscated pursuant to this Act and not returned to the owner thereafter (except where otherwise provided in paragraph (4)) shall be placed permanently with an animal rescue facility or other suitable facility as described in this section upon-- (i) the conviction of the horse's owner pursuant to this Act; (ii) the owner's surrender of the horse; (iii) the failure of the horse's owner to post a bond as required in accordance with subparagraph (B); or (iv) the Secretary's inability to identify the owner. (4) Euthanasia of horses.-- (A) Emergency circumstances.--The Secretary or any law enforcement individual charged with enforcing this Act may order or perform the immediate euthanasia of any horse in the field when such horse is injured beyond recovery and suffering irreversibly. Methods used shall be in accordance with the most recent Report of the American Veterinary Medical Association's Panel on Euthanasia (2000) and State and local laws and may include gunshot, but shall not include electrocution or penetrating captive bolt. (B) Horses beyond recovery and unplaceable.--The Secretary or any individual charged with enforcing this Act may order the euthanasia of any confiscated horse when injured, disabled, or diseased beyond recovery or when placement at an animal rescue facility or other suitable facility, as described in this section, is not possible within 90 days of any circumstance as described in section 6(d)(3)(C). An equine or large- animal veterinarian shall perform the euthanasia rated ``Acceptable'' for horses in the most recent Report of the American Veterinary Medical Association's Panel on Euthanasia (2000), but shall not include penetrating captive bolt, electrocution, gunshot, or other non- chemical means. (e) Funding of Animal Rescue Facilities.-- (1) Grants.--To the extent that funds are made available for this purpose by Acts of appropriation, the Secretary shall make grants to animal rescue facilities described in this section that have given adequate assurances to the Secretary that they are willing to accept horses confiscated pursuant to this Act. (2) Penalties, fines, and forfeited property.--Amounts received as penalties, fines, or forfeited property under this Act shall be used for the care of any live horses seized from violators of this Act and taken into the possession of the United States or placed with an animal rescue facility as described in this section. (f) Calculation of Violations.--For purposes of this section, a separate offense shall be calculated as follows: (1) Each live horse transported, traded, slaughtered, or possessed in violation of this Act shall constitute a separate offense. (2) Every four hundred pounds or less of confiscated horseflesh shall constitute a separate offense. SEC. 7. REPORT ON ENFORCEMENT EFFORTS. Not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, the Secretary shall submit a report to Congress on the efforts of the United States Government to enforce the provisions of this Act and the adequacy of the resources to do so. SEC. 8. EXEMPTIONS. (a) In General.--Except as provided in section 5, nothing in this Act shall be construed to affect the regulation by any State of its horse population. (b) Exception for Designated Law Enforcement Official Purposes.--A person described in section 4(7)(B) may engage in activities described in paragraphs (2), (3), and (4) of section 5 solely for purposes of enforcing this Act. SEC. 9. DATE OF ENFORCEMENT. This Act shall take effect one year after the date of the enactment of this Act.

The American Horse Slaughter Prevention Act - Prohibits a person from: (1) slaughtering a horse for human consumption; (2) importing to, or exporting from, the United States horseflesh or horses for human consumption; (3) selling, bartering, transferring, receiving, or distributing horseflesh or horses for human consumption; or (4) soliciting or knowingly causing any such actions.Sets forth provisions respecting: (1) criminal and civil penalties; (2) enforcement authority of the Secretary of Agriculture; (3) placement of confiscated horses; (4) euthanasia of unplaceable or severely injured or diseased horses; (4) funding of animal rescue facilities; and (5) exemptions.

To prevent the slaughter of horses in and from the United States for human consumption by prohibiting the slaughter of horses for human consumption and by prohibiting the trade and transport of horseflesh and live horses intended for human consumption, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballona Wetlands Restoration Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares the following: (1) Wetlands perform a number of valuable functions which are important to the ecological and economic well-being of the Nation, including-- (A) providing contributions to food and water supplies, flood control, and wildlife resources; (B) maintaining biological diversity; and (C) providing natural habitats for many migratory and resident fish and wildlife species, including migratory birds, endangered species, and fish species in commercial and recreational fisheries. (2) Over two-thirds of the wetlands that once existed in the State of California have been severely degraded or no longer exist. (3) Over nine-tenths of the wetlands that once existed in the city of Los Angeles, California, have been severely degraded or no longer exist. (4) The Ballona Wetlands constitute the last remaining wetlands ecosystem of significant proportion located in the city of Los Angeles. (5) The Ballona Wetlands, though significantly degraded, support 185 species of birds along the Pacific Flyway. (6) The Ballona Wetlands are in imminent danger of an ecosystem collapse. (7) If fully restored, the Ballona Wetlands could-- (A) provide a major fish nursery habitat for the adjoining Santa Monica Bay; (B) improve the water quality of Santa Monica Bay by acting as a natural filtration system; (C) provide increased habitat for endangered species and migratory birds; and (D) provide significant educational opportunities regarding wetlands functions for persons in surrounding urban areas. (8) It should be a high priority of the Federal Government to encourage the full restoration of degraded wetlands. (b) Purpose.--The purpose of this Act is to establish a demonstration program to encourage the full tidal restoration of the Ballona Wetlands. SEC. 3. DISCHARGE OF DREDGED OR FILL MATERIAL AT BALLONA WETLANDS. (a) Expedited Permitting.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall issue regulations to provide for expedited consideration of permit applications submitted under section 404 of the Federal Water Pollution Control Act for the discharge of dredged or fill material into navigable waters at the Ballona Wetlands, Los Angeles, California. (b) Public Hearings.--Regulations issued under subsection (a) shall provide for notice and opportunity for public hearings in accordance with section 404(a) of the Federal Water Pollution Control Act. SEC. 4. BALLONA WETLANDS DEMONSTRATION PROGRAM. (a) Establishment.--The Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Army and the heads of other Federal departments and agencies, shall establish, in accordance with the requirements of this section, a demonstration program to encourage the full restoration of the Ballona Wetlands, Los Angeles, California. (b) Mitigation Credits.-- (1) Award.--Under the demonstration program to be established under subsection (a), the Administrator shall award mitigation credits to persons who conduct activities for the restoration of the Ballona Wetlands. (2) Use.--Mitigation credits awarded under the demonstration program may be used in obtaining permits under section 404 of the Federal Water Pollution Control Act for activities to be conducted between Point Conception, California, and the Mexican Border. (3) Banking.--The Administrator shall establish a mitigation banking system in order to keep an accounting of mitigation credits awarded under the demonstration program. (4) Sale.--Mitigation credits awarded under the demonstration program may be sold to third parties with the approval of the Administrator. The Administrator shall give priority to third parties who are engaged in water dependent development in San Pedro Bay and who are located in the county of Los Angeles in approving the sale of mitigation credits under this paragraph. (c) Regulations.-- (1) Deadline.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall issue regulations to carry out the demonstration program to be established under subsection (a). (2) Contents.--Regulations to be issued under this subsection shall contain the following: (A) Scale for awarding of credits.--A scale for awarding mitigation credits under the demonstration program. Such scale shall take into account the degree to which an activity will contribute to the full restoration of the Ballona Wetlands and the availability of other mitigation options. (B) Guidelines for use of credits.--Guidelines for determining how mitigation credits awarded under the demonstration program may be used in obtaining permits under section 404 of the Federal Water Pollution Control Act. Such guidelines shall take into account the relation between the ecological and economic benefits of an activity for which mitigation credits are to be awarded under the demonstration program and the loss of habitat associated with the issuance of a permit for an activity on the basis of such mitigation credits. (d) Limitation.--The award of mitigation credits under the demonstration program to be established under subsection (a) shall not be construed to constitute prior approval by any Federal or State agency of any application for a permit for which such credits may ultimately be used. SEC. 5. REPORT TO CONGRESS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Army and the Secretary of the Interior, shall transmit to Congress a report on the results of the demonstration program to be established under section 4. (b) Contents.--Each report to be transmitted to Congress under subsection (a) shall at a minimum contain the following: (1) An estimate of the total number of acres of wetlands which have been restored under the demonstration program to be established under section 4. (2) An assessment of the effectiveness of the demonstration program in achieving the policy set forth in section 2(a)(7). (3) An assessment of the functions of the wetlands which have been restored under the demonstration program. (4) An assessment of whether or not establishment of the demonstration program has resulted in more timely completion of mitigation activities under section 404 of the Federal Water Pollution Control Act or in greater ease of administration of permitting programs under such section. (5) A description of the costs associated with administering the demonstration program.

Ballona Wetlands Restoration Act of 1993 - Directs the Secretary of the Army to issue regulations for the expedited consideration of permit applications submitted under the Federal Water Pollution Control Act for the discharge of dredged or fill material into navigable waters at the Ballona Wetlands in Los Angeles, California. Requires the Administrator of the Environmental Protection Agency to establish a demonstration program to encourage the full restoration of such wetlands. Provides for mitigation credits to persons who conduct restoration activities. Permits credits to be used for obtaining permits for the discharge of dredged or fill material between Point Conception, California, and the Mexican border. Requires the Administrator to establish a mitigation banking system and authorizes the sale of credits to third parties with the Administrator's approval.

Ballona Wetlands Restoration Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Provo River Project Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the contract numbered 04-WC-40-8950 and entitled ``Agreement Among the United States, the Provo River Water Users Association, and the Metropolitan Water District of Salt Lake & Sandy to Transfer Title to Certain Lands and Facilities of the Provo River Project'' and shall include maps of the land and features to be conveyed under the Agreement. (2) Association.--The term ``Association'' means the Provo River Water Users Association, a nonprofit corporation organized under the laws of the State. (3) District.--The term ``District'' means the Metropolitan Water District of Salt Lake & Sandy, a political subdivision of the State. (4) Pleasant grove property.-- (A) In general.--The term ``Pleasant Grove Property'' means the 3.79-acre parcel of land acquired by the United States for the Provo River Project, Deer Creek Division, located at approximately 285 West 1100 North, Pleasant Grove, Utah, as in existence on the date of enactment of this Act. (B) Inclusions.--The term ``Pleasant Grove Property'' includes the office building and shop complex constructed by the Association on the parcel of land described in subparagraph (A). (5) Provo reservoir canal.--The term ``Provo Reservoir Canal'' means the canal, and any associated land, rights-of-way, and facilities acquired, constructed, or improved by the United States as part of the Provo River Project, Deer Creek Division, extending from, and including, the Murdock Diversion Dam at the mouth of Provo Canyon, Utah, to and including the Provo Reservoir Canal Siphon and Penstock, as in existence on the date of enactment of this Act. (6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' means the aqueduct and associated land, rights-of-way, and facilities acquired, constructed or improved by the United States as part of the Provo River Project, Aqueduct Division, extending from, and including, the Salt Lake Aqueduct Intake at the base of Deer Creek Dam to and including the Terminal Reservoirs located at 3300 South St. and Interstate Route 215 in Salt Lake City, Utah, as in existence on the date of enactment of this Act. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior or a designee of the Secretary. (8) State.--The term ``State'' means the State of Utah. SEC. 3. CONVEYANCE OF LAND AND FACILITIES. (a) Conveyances to Association.-- (1) Provo reservoir canal.-- (A) In general.--In accordance with the terms and conditions of the Agreement and subject to subparagraph (B), the Secretary shall convey to the Association, all right, title, and interest of the United States in and to the Provo Reservoir Canal. (B) Condition.--The conveyance under subparagraph (A) shall not be completed until the Secretary executes the Agreement and accepts future arrangements entered into by the Association, the District, the Central Utah Water Conservancy District, and the Jordan Valley Water Conservancy District providing for the operation, ownership, financing, and improvement of the Provo Reservoir Canal. (2) Pleasant grove property.--In accordance with the terms and conditions of the Agreement, the Secretary shall convey to the Association, all right, title, and interest of the United States in and to the Pleasant Grove Property. (b) Conveyance to District.-- (1) In general.--In accordance with the terms and conditions of the Agreement, and subject to the execution of the Agreement by the Secretary, the Secretary shall convey to the District, all right, title, and interest of the United States in and to Salt Lake Aqueduct. (2) Easements.-- (A) In general.--As part of the conveyance under paragraph (1), the Secretary shall grant to the District permanent easements to-- (i) the National Forest System land on which the Salt Lake Aqueduct is located; and (ii) land of the Aqueduct Division of the Provo River Project that intersects the parcel of non-Federal land authorized to be conveyed to the United States under section 104(a) of Public Law 107-329 (116 Stat. 2816). (B) Purpose.--The easements conveyed under subparagraph (A) shall be for the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District. (C) Limitation.--The United States shall not carry out any activity on the land subject to the easements conveyed under subparagraph (A) that would materially interfere with the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District. (D) Boundaries.--The boundaries of the easements conveyed under subparagraph (A) shall be determined by the Secretary, in consultation with the District and the Secretary of Agriculture. (E) Transfer of administrative jurisdiction.-- (i) In general.--On conveyance of the easement to the land described in subparagraph (A)(ii), the Secretary, subject to the easement, shall transfer to the Secretary of Agriculture administrative jurisdiction over the land. (ii) Administrative site.--The land transferred under clause (i) shall be administered by the Secretary of Agriculture as an administrative site. (F) Administration.--The easements conveyed under subparagraph (A) shall be administered by the Secretary of Agriculture in accordance with section 501(b)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761(b)(3)). (c) Consideration.-- (1) Association.-- (A) In general.--In exchange for the conveyance under subsection (a)(1), the Association shall pay the Secretary an amount that is equal to the sum of-- (i) the net present value of any remaining debt obligation of the United States with respect to the Provo Reservoir Canal; and (ii) the net present value of any revenues from the Provo Reservoir Canal that, based on past history-- (I) would be available to the United States but for the conveyance of the Provo Reservoir Canal under subsection (a)(1); and (II) would be deposited in the reclamation fund established under the first section of the Act of June 17, 1902 (43 U.S.C. 391), and credited under the terms of Reclamation Manual/Directives and Standards PEC 03- 01. (B) Deduction.--In determining the net present values under clauses (i) and (ii) of subparagraph (A), the Association may deduct from the net present value such sums as are required for the reimbursement described in the Agreement. (2) District.-- (A) In general.--In exchange for the conveyance under subsection (b)(1), the District shall pay the Secretary an amount that is equal to the sum of-- (i) the net present value of any remaining debt obligation of the United States with respect to the Salt Lake Aqueduct; and (ii) the net present value of any revenues from the Salt Lake Aqueduct that, based on past history-- (I) would have been available to the United States but for the conveyance of the Salt Lake Aqueduct under subsection (b)(1); and (II) would be deposited in the reclamation fund established under the first section of the Act of June 17, 1902 (43 U.S.C. 391), and credited under the terms of Reclamation Manual/Directives and Standards PEC 03- 01. (B) Deduction.--In determining the net present values under clauses (i) and (ii) of subparagraph (A), the District may deduct from the net present value such sums as are required for the reimbursement described in the Agreement. (d) Payment of Costs.--In addition to amounts paid to the Secretary under subsection (c), the Association and the District shall, in accordance with the Agreement, pay the Secretary-- (1) any necessary and reasonable administrative and real estate transfer costs incurred by the Secretary in carrying out the conveyance; and (2) one-half of any necessary and reasonable costs associated with complying with-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C)(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) any other Federal cultural resource laws. (e) Compliance With Environmental Laws.-- (1) In general.--Before conveying land and facilities under subsections (a) and (b), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the land and facilities. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. EXISTING CONTRACTS. (a) Deer Creek Division Construction Contract.--Notwithstanding the conveyances under subsections (a) and (b)(1) of section 3, and subject to the terms of the Agreement, any portion of the Deer Creek Division, Provo River Project, Utah, that is not conveyed under that section shall continue to be operated and maintained by the Association, in accordance with the contract numbered I1r-874, dated June 27, 1936, and entitled the ``Contract Between the United States and Provo River Water Users Association Providing for the Construction of the Deer Creek Division of the Provo River Project, Utah''. (b) Provo River Project and Jordan Aqueduct System Contracts.-- Subject to the terms of the Agreement, any written contract of the United States in existence on the date of enactment of this Act relating to the operation and maintenance of any division or facility of the Provo River Project or the Jordan Aqueduct System is confirmed and declared to be a valid contract of the United States that is enforceable in accordance with the express terms of the contract. (c) Use of Central Utah Project Water.-- (1) In general.--Subject to paragraph (2), any entity with contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity rights in existence on the date of enactment of this Act may, in addition to the uses described in the existing contracts, use the capacity rights, without additional charge or further approval from the Secretary, to transport Central Utah Project water on behalf of the entity or others. (2) Limitations.--An entity shall not use the capacity rights to transport Central Utah Project water under paragraph (1) unless-- (A) the transport of the water is expressly authorized by the Central Utah Water Conservancy District; (B) the use of the water facility to transport the Central Utah Project water is expressly authorized by the entity responsible for operation and maintenance of the facility; and (C) carrying Central Utah Project water through Provo River Project facilities would not-- (i) materially impair the ability of the Central Utah Water Conservancy District or the Secretary to meet existing express environmental commitments for the Bonneville Unit; or (ii) require the release of additional Central Utah Project water to meet those environmental commitments. (d) Authorized Modifications.--The Agreement may provide for-- (1) the modification of the 1936 Repayment Contract for the Deer Creek Division of the Provo River Project to reflect the partial prepayment, the adjustment of the annual repayment amount, and the transfer of the Provo Reservoir Canal and the Pleasant Grove Property; and (2) the modification or termination of the 1938 Repayment Contract for the Aqueduct Division of the Provo River Project to reflect the complete payout and transfer of all facilities of the Aqueduct Division. (e) Effect of Act.--Nothing in this Act impairs any contract (including subscription contracts) in effect on the date of enactment of this Act that allows for or creates a right to convey water through the Provo Reservoir Canal. SEC. 5. EFFECT OF CONVEYANCE. On conveyance of any land or facility under subsection (a) or (b)(1) of section 3-- (1) the land and facilities shall no longer be part of a Federal reclamation project; (2) the Association and the District shall not be entitled to receive any future reclamation benefits with respect to the land and facilities, except for benefits that would be available to other nonreclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, but shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of conveyance, consistent with chapter 171 of title 28, United States Code. SEC. 6. REPORT. If a conveyance required under subsection (a) or (b)(1) of section 3 is not completed by the date that is 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Provo River Project Transfer Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Provo River Water Users Association (Association) all right, title, and interest of the United States in and to the Provo Reservoir Canal in the State of Utah. Conditions such conveyance upon the execution by the Secretary of the Agreement entitled "Agreement Among the United States, the Provo River Waters Users Association, and the Metropolitan Water District of Salt Lake & Sandy to Transfer Title to Certain Lands and Facilities of the Provo River Project (Agreement)," and upon the Secretary's acceptance of future arrangements governing the operation, ownership, financing, and improvement of the Provo Reservoir Canal. Directs the Secretary to convey to the Association all right, title, and interest of the United States in and to the Pleasant Grove Property in the State of Utah. Directs the Secretary to: (1) convey to the Metropolitan Water District of Salt Lake & Sandy (District) in the State of Utah, all right, title, and interest of the United States in and to Salt Lake Aqueduct; (2) grant permanent easements to the District for the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District; (3) determine the boundaries of such easements; and (4) transfer administrative jurisdiction over certain land of the Aqueduct Division of the Provo River Project to the Secretary of Agriculture. Directs the Secretary of Agriculture to administer such land as an administrative site subject to provisions of the Federal Land Policy and Management Act of 1976. Prohibits the United States from carrying out any activities on the lands covered by the Salt Lake Aqueduct easements that would materially interfere with the operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District. Sets forth a formula for for payments by the Association and the District for the land conveyances under this Act. Requires the Association and the District to pay certain additional costs relating to the land conveyances. Requires the Secretary to comply with certain environmental and other laws prior to making land conveyances under this Act. (Sec. 4) Confirms that: (1) certain existing contracts covering lands of the Provo River Project not conveyed by this Act remain in effect; and (2) entities with existing contractual capacity rights to either the Provo Reservoir Canal or Salt Lake Aqueduct may transport Central Utah Project water. Authorizes the Agreement to provide for modifications to repayment contracts for the Deer Creek and Aqueduct Divisions of the Provo River Project. Provides that nothing in this Act impairs any existing contract (including subscription contracts) regarding the conveyance of water through the Provo Reservoir Canal. (Sec. 5) Provides that: (1) lands and facilities conveyed under this Act are no longer part of a Federal reclamation project; (2) the Association and the District are no longer entitled to reclamation benefits for conveyed lands, except for benefits available to other nonreclamation facilities; and (3) the United States shall not be liable for damages for acts, omissions, or occurrences relating to conveyances under this Act, except for negligent acts committed prior to the date of conveyance. (Sec. 6) Requires the Secretary to report to Congress on the status of any land conveyances not completed within 18 months after the enactment of this Act.

To authorize the Secretary of the Interior to convey certain lands and facilities of the Provo River Project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Generation Act''. SEC. 2. FINDINGS. The Congress finds that it is in the public interest to: (1) Enable small businesses, residences, schools, churches, farms with small electric generation units, and other retail electric customers who generate electric energy to return or sell surplus electric energy on the open market. (2) Encourage private investment in renewable and alternate energy resources. (3) Stimulate the economic growth. (4) Enhance the continued diversification section of energy resources used in the United States. (5) Remove regulatory barriers for net metering. SEC. 3. NET METERING. Part II of the Federal Power Act is amended by adding the following new section at the end thereof: ``SEC. 215. NET METERING. ``(a) Definitions.--As used in this section: ``(1) The term `customer-generator' means the owner or operator of an electric generation unit qualified for net metering under this section. ``(2) The term `net metering' means measuring the difference between the electricity supplied to a customer- generator and the electricity generated by a customer-generator that is delivered to a local distribution section system at the same point of interconnection during an applicable billing period. ``(3) The terms `electric generation unit qualified for net metering' and `qualified generation unit' mean an electric energy generation unit that meets the requirements of paragraph (5) and each of the following requirements: ``(A) The unit is a fuel cell or uses as its energy source either solar, wind, or biomass. ``(B) The unit has a generating capacity of not more than 100 kilowatts. ``(C) The unit is located on premises that are owned, operated, leased, or otherwise controlled by the customer-generator. ``(D) The unit operates in parallel with the retail electric supplier. ``(E) The unit is intended primarily to offset part or all of the customer-generator's requirements for electric energy. ``(4) The term `retail electric supplier' means any person that sells electric energy to the ultimate consumer thereof. ``(5) The term `local distribution system' means any system for the distribution section of electric energy to the ultimate consumer thereof, whether or not the owner or operator of such system is also a retail electric supplier. ``(b) Adoption.--Not later than one year after the enactment of this section, each retail electric supplier shall comply with each of the following requirements and notify all of its retail customers of such requirements not less frequently than quarterly: ``(1) The supplier shall offer to arrange (either directly or through a local distribution company or other third party) to make available, on a first-come-first-served basis, to each of its retail customers that has installed an energy generation unit that is intended for net metering and that notifies the supplier of its generating capacity an electric energy meter that is capable of net metering if the customer-generator's existing electrical meter cannot perform that function. ``(2) Rates and charges and contract terms and conditions for the sale of electric energy to customer-generators shall be the same as the rates and charges and contract terms and conditions that would be applicable if the customer-generator did not own or operate a qualified generation unit and use a net metering system. Any retail electric supplier or local distribution company may, at its own expense, install one or more additional electric energy meters to monitor the flow of electricity in either direction or to reflect the time of generation or both. Whenever a customer-generator with a net metering system uses any energy generation system entitled to credits under a Federal minimum renewable energy generation requirement, the total amount of energy generated by that system shall be treated as generated by the retail electric supplier for purposes of such requirement. ``(c) Net Energy Measurement and Billing.--Each retail electric supplier subject to subsection (b) shall calculate the net energy measurement for a customer using a net metering system in the following manner: ``(1) The retail electric supplier shall measure the net electricity produced or consumed during the billing period using the metering referred to in paragraph (1) or (2) of subsection (b). ``(2) If the electricity supplied by the retail electric supplier exceeds the electricity generated by the customer- generator during the billing period, the customer-generator shall be billed for the net electricity supplied by the retail electric supplier in accordance with normal metering practices. ``(3) If electricity generated by the customer-generator exceeds the electricity supplied by the retail electric supplier, the customer-generator-- ``(A) shall be billed for the appropriate customer charges for that billing period; ``(B) shall be credited for the excess electric energy generated during the billing period, with this credit appearing on the bill for the following billing period (except for a billing period that ends in the next calendar year); and ``(C) shall not be charged for transmission losses. If the customer-generator is using a meter that reflects the time of generation (a `real time meter'), the credit shall be based on the retail rates for sale by the retail electric supplier at the time of such generation. At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated by a customer-generator during the previous year may be sold by the customer-generator to any electric supplier that agrees to purchase such credit. In the absence of any such purchase, the credit shall be assigned (at no cost) to the retail electric supplier that supplied electric energy to such customer-generator at the end of the previous year. ``(d) Percent Limitations.-- ``(1) Two percent limitation.--A local distribution company retail electric supplier shall not be required to provide local distribution service with respect to additional customer- generators after the date during any calendar year on which the total generating capacity of all customer-generators with qualified generation facilities and net metering systems served by that local distribution company is equal to or in excess of 2 percent of the capacity necessary to meet the company's average forecasted aggregate customer peak demand for that calendar year. ``(2) One percent limitation.--A local distribution company retail electric supplier shall not be required to provide local distribution service with respect to additional customer- generators using a single type of qualified energy generation system after the date during any calendar year on which the total generating capacity of all customer-generators with qualified generation facilities of that type and net metering systems served by that local distribution company is equal to or in excess of 1 percent of the capacity necessary to meet the company's average forecasted aggregate customer peak demand for that calendar year. ``(3) Records and notice.--Each retail electric supplier shall maintain, and make available to the public, records of the total generating capacity of customer-generators of such system that are using net metering, the type of generating systems and energy source used by the electric generating systems used by such customer-generators. Each such retail electric supplier shall notify the Commission when the total generating capacity of such customer-generators is equal to or in excess of 2 percent of the capacity necessary to meet the supplier's aggregate customer peak demand during the previous calendar year and when the total generating capacity of such customer-generators using a single type of qualified generation is equal to or in excess of 1 percent of such capacity. ``(e) Safety and Performance Standards.--(1) A qualified generation unit and net metering system used by a customer-generator shall meet all applicable safety and performance and reliability standards established by the national electrical code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, or the American National Standards Institute. ``(2) The Commission, after consultation with State regulatory authorities and nonregulated local distribution systems and after notice and opportunity for comment, may adopt by regulation additional control and testing requirements for customer-generators that the Commission determines are necessary to protect public safety and system reliability. ``(3) The Commission shall, after consultation with State regulatory authorities and nonregulated local distribution systems and after notice and opportunity for comment, prohibit by regulation the imposition of additional charges by electric suppliers and local distribution systems for equipment or services for safety or performance that are additional to those necessary to meet the standards referred to in subparagraphs (A) and (B). ``(f) State Authority.--Nothing in this section shall preclude a State from establishing or imposing additional incentives or requirements to encourage qualified generation and net metering additional to that required under this section.''. ``(g) Interconnection Standards.--(1) Within one year after the enactment of this section the Commission shall publish model standards for the physical connection between local distribution systems and qualified generation units and electric generation units that would be qualified generation units but for the fact that the unit has a generating capacity of more than 100 kilowatts (but not more than 250 kilowatts). Such model standards shall be designed to encourage the use of qualified generation units and to insure the safety and reliability of such units and the local distribution systems interconnected with such units. Within 2 years after the enactment of this section, each State shall adopt such model standards, with or without modification, and submit such standards to the Commission for approval. The Commission shall approve a modification of the model standards only if the Commission determines that such modification is consistent with the purpose of such standards and is required by reason of local conditions. If standards have not been approved under this paragraph by the Commission for any State within 2 years after the enactment of this section, the Commission shall, by rule or order, enforce the Commission's model standards in such State until such time as State standards are approved by the Commission. ``(2) The standards under this section shall establish such measures for the safety and reliability of the affected equipment and local distribution systems as may be appropriate. Such standards shall be consistent with all applicable safety and performance standards established by the national electrical code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, or the American National Standards Institute and with such additional safety and reliability standards as the Commission shall, by rule, prescribe. Such standards shall ensure that generation units will automatically isolate themselves from the electrical system in the event of an electrical power outage. Such standards shall permit the owner or operator of the local distribution system to interrupt or reduce deliveries of available energy from the generation unit to the system when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or part of its system; or if it determines that curtailment, interruption, or reduction is necessary because of emergencies, forced outages, force majeure, or compliance with prudent electrical practices. ``(3) The model standards under this subsection prohibit the imposition of additional charges by local distribution systems for equipment or services for interconnection that are additional to those necessary to meet such standards. ``(h) Interconnection.--At the election of the owner or operator of the generation unit concerned, connections meeting the standards applicable under subsection (g) may be made-- ``(1) by such owner or operator at such owner's or operator's expense, or ``(2) by the owner or operator of the local distribution system upon the request of the owner or operator of the generating unit and pursuant to an offer by the owner or operator of the generating unit to reimburse the local distribution system in an amount equal to the minimum cost of such connection, consistent with the procurement procedures of the State in which the unit is located, except that the work on all such connections shall be performed by qualified electrical personnel certified by a resposible body or licensed by a State or local government authority. ``(i) Consumer Friendly Contracts.--The Commission shall promulgate regulations insuring that simplified contracts will be used for the interconnection of electric energy by electric energy transmission or distribution systems and generating facilities that have a power production capacity not greater than 250 kilowatts.''

Home Energy Generation Act - Amends the Federal Power Act to mandate that: (1) each retail electric supplier make available an electric energy meter capable of net metering to certain retail customers that have installed an energy generation unit intended for net metering; and (2) rates, charges, and contract terms for electric energy sales to customer-generators be the same as those that would be applicable if the customer-generator did not own or operate a qualified generation unit and use a net metering system.Prescribes the manner in which such retail electric suppliers shall calculate the net energy measurement and billing for a customer using a net metering system.Subjects qualified generation units and net metering systems to specified safety, performance, and reliability standards. Authorizes the Federal Energy Regulatory Commission (FERC) to: (1) adopt additional control and testing requirements for customer-generators necessary to protect public safety and system reliability; and (2) prohibit additional charges by electric suppliers and local distribution systems for equipment or services for safety or performance additional to those necessary to meet such standards.Sets a deadline for FERC to promulgate: (1) model standards for the physical connection between local distribution systems and qualified generation units and other specified electric generation units; and (2) regulations ensuring simplified contracts will be used for the interconnection of electric energy by electric energy transmission or distribution systems and generating facilities with a power production capacity of 250 kilowatts or less.

To amend the Federal Power Act to promote energy independence and self-sufficiency by providing for the use of net metering by certain small electric energy generation systems, and for other purposes.

SECTION 1. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS. (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end the following: ``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS. ``(a) Temporary Authority To Originate Loans for Loan Originators Moving From a Depository Institution to a Non-Depository Institution.-- ``(1) In general.--Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual-- ``(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; ``(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c); ``(C) has not been convicted of a felony that would preclude licensure under the law of the application State; ``(D) has submitted an application to be a State- licensed loan originator in the application State; and ``(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a). ``(2) Period.--The period described in paragraph (1) shall begin on the date that the individual submits the information required under section 1505(a) and shall end on the earliest of-- ``(A) the date that the individual withdraws the application to be a State-licensed loan originator in the application State; ``(B) the date that the application State denies, or issues a notice of intent to deny, the application; ``(C) the date that the application State grants a State license; or ``(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(b) Temporary Authority To Originate Loans for State-Licensed Loan Originators Moving Interstate.-- ``(1) In general.--A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator-- ``(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1); ``(B) is employed by a State-licensed mortgage company in the application State; and ``(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State. ``(2) Period.--The period described in paragraph (1) shall begin on the date that the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of-- ``(A) the date that the State-licensed loan originator withdraws the application to be a State- licensed loan originator in the application State; ``(B) the date that the application State denies, or issues a notice of intent to deny, the application; ``(C) the date that the application State grants a State license; or ``(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(c) Applicability.-- ``(1) Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(2) Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(d) Definitions.--In this section, the following definitions shall apply: ``(1) State-licensed mortgage company.--The term `State- licensed mortgage company' means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities. ``(2) Application state.--The term `application State' means a State in which a registered loan originator or a State- licensed loan originator seeks to be licensed.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 note) is amended by inserting after the item relating to section 1517 the following: ``Sec. 1518. Employment transition of loan originators.''. SEC. 2. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER OFFICIALS. Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5112) is amended by striking ``are loan originators or are applying for licensing or registration as loan originators.'' and inserting ``have applied, are applying, or are currently licensed or registered through the Nationwide Mortgage Licensing System and Registry. The previous sentence shall only apply to persons in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on the date of the enactment of this sentence.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 18 months after the date of the enactment of this Act.

. (Sec. 1) This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. (Sec. 2) The bill revises the Act's civil liability immunity provisions.

To amend the S.A.F.E. Mortgage Licensing Act of 2008 to provide a temporary license for loan originators transitioning between employers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Still Saving Women's Lives Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The renewed commitment of the world community to the formulation of government policies that contribute to global population stabilization and to improvements in the status of women owes much to the efforts of the United Nations and its specialized agencies and organizations, particularly the United Nations Population Fund (hereinafter referred to as the ``UNFPA''). (2) Over one-half of the UNFPA's assistance is devoted to maternal and child health programs, including the provision of family planning services, and it is a major supplier of modern methods of contraception. UNFPA also supports efforts aimed at preventing the spread of HIV/AIDS and other sexually- transmitted diseases and activities aimed specifically at enhancing the status of women. (3) UNFPA does not fund abortion services, rather, UNFPA seeks to reduce the incidence of abortion by improving access to contraceptive services and to reduce deaths and injuries related to unsafe abortion by supporting treatment of women suffering from its complications. (4) The United States contribution to UNFPA last year provided an estimated 870,000 women in the developing world with effective modern contraception, thereby preventing 500,000 unintended pregnancies, 200,000 abortions, and thousands of maternal and child deaths. (5) Many global environmental problems, including water shortages, pollution, tropical deforestation, and the loss of wildlife habitat are linked to rapid population growth. UNFPA has assisted countries around the world plan for and slow population growth, thereby reducing its effects on the environment. (6) Assistance provided by UNFPA conforms to the principle, affirmed at the 1994 International Conference on Population and Development by 180 nations, including the United States, that ``all couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and means to do so.''. (7) UNFPA opposes coercion in any form. All of UNFPA's programs are designed in conformity with universally recognized human rights principles. (8) An appropriate way to express the legitimate concerns of the United States Government about the population policies of the People's Republic of China is by placing those concerns on the bilateral agenda along with other important human rights issues, not by singling out a United Nations agency by withholding all funding thereby punishing the women and families around the world who depend on its humanitarian aid. (9) UNFPA plays a constructive role in helping to reduce the incidence of coercive practices in China through its country program which has been successful in eliminating targets and quotas and promoting voluntary family planning and informed consent in the 32 program counties. By improving contraceptive method choice, expanding the range of reproductive health services, and enhancing the status of women, the UNFPA country program will help to enable the Chinese to implement the human rights approach of the International Conference on Population and Development. (10) The United States Government provided a voluntary contribution of $21,500,000 to UNFPA for fiscal year 2001 and President Bush's budget request for fiscal year 2002 allocated $25,000,000 for UNFPA. (11) In the winter of 2001, the Secretary of State submitted written testimony to the Committee on Foreign Relations of the Senate expressing support for the invaluable work of UNFPA and for securing funding for the organization. (12) The United States Government, as part of its efforts to improve the dire health conditions of Afghan women, pledged in October 2001 an additional $600,000 to UNFPA to address the reproductive health care needs of Afghan refugees in surrounding nations and of the internally displaced within Afghanistan. (13) Congress demonstrated its strong bipartisan support for a voluntary United States contribution to UNFPA of up to $34,000,000 in adopting the fiscal year 2002 foreign operations appropriations bill, which was passed by the House of Representatives on a vote of 357 to 66 and by the Senate by unanimous consent and signed into law (Public Law 107-115) by the President on January 10, 2002. The President decided not to obligate the funds. (14) On February 12, 2002, Representatives Hastert, Armey, and Delay sent a letter to the President urging him to investigate UNFPA programs in China and urging him to stop funds from going to China. (15) In May 2002, the President sent a 3-person delegation, including Ambassador (retired) William A. Brown, Ms. Bonnie L. Glick, and Dr. Theodore G. Tong, to investigate UNFPA programs in China and allegations that the agency was involved in coercive abortion practices. (16) This independent team returned and concluded that the allegations were untrue. (17) On May 29, 2002, the team sent a letter to Secretary of State Colin Powell stating the following: ``First Finding: We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC. ``First Recommendation: We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.''. (18) Regrettably, the Administration overruled the recommendation of its own delegation and invoked an overly broad interpretation of the law in order to eliminate funding for UNFPA. This bill is a response to this harmful decision. SEC. 3. PERMANENT GUIDELINES FOR UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE UNFPA. Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended by inserting after subsection (a) the following new subsection: ``(b) For fiscal years after fiscal year 2002, funds appropriated to the President or the Department of State under any law for a voluntary contribution to the United Nations Population Fund (UNFPA) and funds appropriated to the President or the Department of State under any law and available only for a voluntary contribution to the UNFPA shall be obligated and expended for such purpose not more than 30 days after such funds become available unless the President certifies that the UNFPA performs coercive abortions or involuntary sterilizations. The certification authority of the President under this subsection may not be delegated.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE UNFPA. In addition to amounts otherwise authorized to be appropriated to carry out the purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, there are authorized to be appropriated $50,000,000 for the fiscal year 2003 for United States voluntary contributions to the UNFPA.

Still Saving Women's Lives Act of 2002 - Amends the Foreign Assistance Act of 1961 to set forth permanent guidelines for U.S. voluntary contributions to the United Nations Population Fund (UNFPA) by requiring such contributions to be obligated and expended not more than 30 days after they become available unless the President certifies that the UNFPA performs coercive abortions or involuntary sterilizations. Authorizes appropriations for FY 2003 for U.S. voluntary contributions to the UNFPA.

To amend the Foreign Assistance Act of 1961 to provide for permanent guidelines for United States voluntary contributions to the United Nations Population Fund (UNFPA).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Use Moratorium Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On September 26, 1994, the President declared it to be a goal of the United States to eventually eliminate antipersonnel landmines. (2) On December 15, 1994, the United Nations General Assembly adopted a resolution sponsored by the United States which calls for international efforts toward the eventual elimination of antipersonnel landmines. (3) According to the Department of State, there are an estimated 80,000,000 to 110,000,000 unexploded landmines in 62 countries, and millions of additional mines were laid in 1994. (4) Antipersonnel landmines are routinely used against civilian populations and kill and maim an estimated 26,000 people each year, or approximately 70 people each day. (5) The Secretary of State has noted that landmines have been called ``slow-motion weapons of mass destruction''. (6) There are hundreds of varieties of antipersonnel landmines, ranging from the simple $2 type to the more complex self-destructing type, all of which are incapable of distinguishing between civilians and combatants. SEC. 3. CONVENTIONAL WEAPONS CONVENTION REVIEW. (a) Implementation of United States Goal.--The President shall, at the 1995 review conference, actively support proposals to modify Protocol II to the 1980 Conventional Weapons Convention to implement as rapidly as possible the goal of the United States of the eventual elimination of antipersonnel landmines. (b) 1995 Review Conference.--The 1995 review conference referred to in subsection (a) is the international conference sponsored by the United Nations to be held from September 25, 1995, through October 13, 1995, to review the 1980 Conventional Weapons Convention (CWC), including Protocol II to that convention, relating to landmines. (c) 1980 Conventional Weapons Convention.--For purposes of this section, the term ``1980 Conventional Weapons Convention'' means the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indisciminate Effects, together with the protocols relating thereto, done at Geneva on October 10, 1980. SEC. 4. MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES. (a) United States Moratorium.--(1) During the one-year period beginning three years after the date of the enactment of this Act, the United States Government shall not use antipersonnel landmines. (2) The moratorium under paragraph (1) does not apply to the use of antipersonnel landmines along internationally recognized national borders within a perimeter marked area that is monitored by military personnel and protected by adequate means to ensure the exclusion of civilians. (3) If the President determines, before the end of such one-year period, that the governments of other nations are implementing moratoriums similar to the moratorium by the United States under paragraph (1), the President may extend the period of that moratorium for such additional period as the President considers appropriate. (b) Other Nations.--The President shall actively encourage the governments of other nations to join the United States in solving the global landmine crisis by implementing, as an interim step toward the eventual elimination of antipersonnel landmines moratoriums on the use of antipersonnel landmines similar to the United States moratorium under subsection (a). SEC. 5. ANTIPERSONNEL LANDMINE EXPORTS. (a) Purpose.--The purpose of this section is to discourage the proliferation of antipersonnel landmines. (b) Prohibition.--The United States Government shall not sell, license for export, or transfer any defense article or service to any foreign government which the President determines sells, exports, or transfers antipersonnel landmines. (c) Waiver Authority.--The President may waive the applicability of the prohibition in subsection (b) to a foreign government if the President determines that there exists an emergency which makes it vital to the interest of the United States for the President to waive such prohibition. Any such waiver may not take effect until the President transmits to Congress, in writing, notice of such waiver and the reasons for the waiver. SEC. 6. DEFINITION. For purposes of this Act, the term ``antipersonnel landmine'' means any munition that-- (1) is placed under, on, or near the ground or other surface area; (2) is delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft; and (3) is designed, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person.

Landmine Use Moratorium Act of 1995 - Directs the President to support, at the 1995 United Nations review conference, proposals to modify Protocol II to the 1980 Conventional Weapons Convention to implement the U.S. goal of the elimination of antipersonnel landmines. Declares a U.S. moratorium, for a one year period beginning three years after enactment of this Act, on the use of such landmines except along internationally recognized national borders within a perimeter marked area monitored by military personnel and protected by adequate means to ensure the exclusion of civilians. Urges the President to encourage other nations to join in such moratorium. Prohibits the United States from selling, licensing for export, or transferring any defense article or service to a foreign country that sells, exports, or transfers antipersonnel landmines. Authorizes the President to waive such prohibition, after notice to the Congress, if an emergency exists which makes such waiver vital to the interest of the United States.

Landmine Use Moratorium Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Level of Effort Clean Water Bonus Fund Act of 1995''. SEC. 2. LEVEL OF EFFORT CAPITALIZATION GRANTS. (a) In General.--Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended-- (1) in subsection (a), by striking ``Sums'' and inserting ``Subject to subsection (d), sums''; and (2) by adding at the end the following new subsection: ``(d) Level of Effort Capitalization Grants.-- ``(1) In general.--For each fiscal year, the Administrator shall reserve 20 percent of the funds made available for capitalization grants under this title for making level of effort capitalization grants to eligible States in accordance with this subsection. A State that receives grant payments under this subsection shall deposit all such payments in the water pollution control revolving fund established by the State in accordance with this title. ``(2) Eligibility.--A State shall be eligible to receive a grant under this subsection if the State-- ``(A) submits an application for the grant to the Administrator in such form and at such time as the Administrator shall require; and ``(B) for the fiscal year preceding the fiscal year for which the application is submitted, deposits-- ``(i) an amount of State funds in addition to the amount required under section 602(b)(2) into the water pollution control revolving fund of the State established under this title; ``(ii) an amount of State funds into a non- Federal revolving fund or grant program that the Administrator determines is subject to requirements that are substantially similar to the requirements of the fund referred to in clause (i); or ``(iii) both an amount as described in clause (i) and an amount as described in clause (ii). ``(3) Amount of grants.-- ``(A) In general.--Subject to subparagraph (B), a grant to a State under this subsection shall be in an amount equal to the total amounts deposited as described in paragraph (2)(B). ``(B) Limitations.-- ``(i) State maximum.--For each fiscal year, no State may receive a grant under this subsection in an amount that is greater than 20 percent of the amount of funds reserved under paragraph (1). ``(ii) Insufficient funds.--If, for any fiscal year, the sum of the grant amounts calculated under subparagraph (A) for all eligible States is greater than the amount of funds reserved under paragraph (1), the Administrator shall make a grant to each eligible State in an amount that is equal to the product obtained by multiplying-- ``(I) the amount of funds reserved under paragraph (1); by ``(II) the quotient obtained by dividing-- ``(aa) the grant amount calculated under subparagraph (A) for the State; by ``(bb) the sum of the grant amounts calculated under subparagraph (A) for all eligible States. ``(4) Allotment of excess funds.--If, for any fiscal year, the sum of the grant amounts calculated under paragraph (3) for all eligible States is less than the amount of funds reserved under paragraph (1), the Administrator shall allot the excess funds in accordance with subsection (a).''. (b) Conforming Amendments.--Section 602(b) of such Act (33 U.S.C. 1382(b)) is amended-- (1) in paragraph (2), by inserting ``except with respect to grants made to the State under section 604(d),'' before ``the State will deposit''; and (2) in paragraph (3), by inserting ``, except that with respect to grants made to the State under section 604(d), the State will enter into binding commitments to provide the assistance in an amount equal to 100 percent of the amount of each grant payment'' before the semicolon at the end.

Level of Effort Clean Water Bonus Fund Act of 1995 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to reserve 20 percent of the amounts made available for capitalization grants for State water pollution control revolving funds for making level of effort capitalization grants to eligible States. Requires States that receive level of effort grant payments to deposit all payments into the revolving funds. Makes eligible for such grants States that have deposited more than the required matching amount into the revolving fund or into a non-Federal revolving fund or grant program that is subject to requirements similar to those for the State revolving fund. Prohibits States from receiving a grant in an amount greater than 20 percent of the amount of funds reserved.

Level of Effort Clean Water Bonus Fund Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Revitalization Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) for over 40 years, the North Atlantic Treaty Organization has helped guarantee the security, freedom, and prosperity of the United States and our partners in the alliance; (2) the North Atlantic Treaty Organization has expanded its membership on 3 different occasions since its founding in 1949; (3) the steadfast and sustained commitment of the member countries of the North Atlantic Treaty Organization to mutual defense against the threat of communist domination played a significant role in precipitating the collapse of the Iron Curtain and the demise of the Soviet Union; (4) in the place of that threat, new security threats are emerging to the shared interests of the member countries of the North Atlantic Treaty Organization; (5) although these new threats are more geographically and functionally diverse and less predictable, they still imperil shared interests of the United States and our North Atlantic Treaty Organization allies; (6) Western interests must be protected on a cooperative basis without an undue burden falling upon the United States; (7) the North Atlantic Treaty Organization is the only multilateral organization that is capable of conducting effective military operations to protect Western interests; (8) the valuable experience gained from ongoing military cooperation within the North Atlantic Treaty Organization was critical to the success of joint military operations in the 1991 liberation of Kuwait; (9) the North Atlantic Treaty Organization is an important diplomatic forum for discussion of issues of concern to its member states and for the peaceful resolution of disputes; (10) admission of Central and East European countries that have recently been freed from Communist domination to the North Atlantic Treaty Organization could contribute to international peace and enhance the security of those countries; (11) a number of countries, including the Visegrad countries (the Czech Republic, Hungary, Poland, and Slovakia) and the Baltic states (Estonia, Latvia, and Lithuania), have expressed interest in North Atlantic Treaty Organization membership; and (12) in recognition of this interest, the ``Partnership for Peace'' proposal offers limited military cooperation to many European countries not currently members of the North Atlantic Treaty Organization, without establishing benchmarks or guidelines for eventual North Atlantic Treaty Organization membership. SEC. 3. UNITED STATES POLICY. It should be the policy of the United States-- (1) to continue our commitment to and active leadership role in the North Atlantic Treaty Organization; (2) to join with our North Atlantic Treaty Organization allies to redefine the role of the alliance in the post-Cold War world, taking into account-- (A) the fundamentally changed security environment of Central and Eastern Europe, (B) the need to assure all countries of the defensive nature of the alliance and the desire of its members to work cooperatively with all former adversaries, (C) the emerging security threats posed by the proliferation of nuclear, chemical, and biological weapons of mass destruction and the means to deliver them, (D) the continuing challenges to the interests of all North Atlantic Treaty Organization member countries posed by unstable and undemocratic regimes harboring hostile intentions, and (E) the dependence of the global economy on a stable energy supply and the free flow of commerce; (3) to urge the North Atlantic Treaty Organization to support the eventual expansion of alliance membership to European countries that meet appropriate standards, including-- (A) shared values and interests, (B) democratic governments, (C) free market economies, (D) civilian control of the military, (E) adherence to the values, principles, and political commitments embodied in the Helsinki Final Act of the Conference on Security and Cooperation in Europe, and (F) commitment to further the principles of the North Atlantic Treaty Organization and to contribute to the security of the North Atlantic area; (4) to urge the North Atlantic Treaty Organization-- (A) to extend membership to countries that meet the standards set forth by the North Atlantic Treaty Organization, and (B) to establish benchmarks and a timetable for eventual membership for selected countries in transition; and (5) to affirm that North Atlantic Treaty Organization military planning should include joint military operations beyond the geographic bounds of the alliance under Article 4 of the North Atlantic Treaty when the shared interests of the United States and other member countries require such action to defend vital interests.

NATO Revitalization Act - Declares that it should be U.S. policy to: (1) continue the commitment to and an active leadership role in the North Atlantic Treaty Organization (NATO); (2) join with NATO allies to redefine the role of the alliance in the post-Cold War world, taking into account specified factors; (3) urge NATO to extend membership to European countries that meet appropriate standards and establish benchmarks and a timetable for eventual membership for selected countries in transition; and (4) affirm that NATO military planning should include joint military operations beyond the geographic bounds of the alliance under the North Atlantic Treaty when the shared interests of the United States and other member countries require such action to defend vital interests.

NATO Revitalization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Campus Act of 2015''. SEC. 2. INSTITUTION OF HIGHER EDUCATION REQUIREMENTS FOR PROTECTING VICTIMS OF SEXUAL VIOLENCE AND INVESTIGATING AND ADJUDICATING ALLEGATIONS OF SEXUAL VIOLENCE. (a) In General.--Title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following new part: ``PART F--TREATMENT OF ALLEGATIONS OF SEXUAL VIOLENCE ``SEC. 161. APPLICATION; DEFINITION. ``(a) Application.--The requirements of this part shall apply to any institution of higher education receiving Federal financial assistance under this Act, including financial assistance provided to students under title IV, other than a foreign institution of higher education. ``(b) Definitions.--In this part, the following definitions shall apply: ``(1) Covered allegation.--The term `covered allegation' means, with respect to an institution of higher education, an allegation that a student of the institution committed an act of sexual violence, or that members of a student organization of the institution or the organization itself committed or were involved in creating a hostile environment resulting in an act of sexual violence. ``(2) Institutional disciplinary proceeding.--The term `institutional disciplinary proceeding' means the process by which an institution of higher education investigates and adjudicates a covered allegation and imposes a sanction with respect to the allegation, in accordance with the institution's own code of conduct or similar internal rules. ``(3) Sexual violence.--The term `sexual violence' means, with respect to an institution of higher education-- ``(A) aggravated sexual abuse under section 2241 of title 18, United States Code; ``(B) assault resulting in substantial bodily injury under section 113(a)(7) of title 18, United States Code; ``(C) battery, as defined under the applicable criminal law of the jurisdiction in which the institution is located; ``(D) rape, as defined under the applicable criminal law of the jurisdiction in which the institution is located; ``(E) sexual abuse under section 2242 of title 18, United States Code; and ``(F) sexual assault, as defined under the applicable criminal law of the jurisdiction in which the institution is located. ``SEC. 162. EDUCATION, REPORTING, AND STUDENT CARE STRATEGIES FOR PREVENTING SEXUAL VIOLENCE. ``(a) Education Programs.-- ``(1) In general.--Each institution of higher education which is subject to this part is encouraged to provide education programs designed to address sexual violence that, at a minimum, provide training for reporting covered allegations, intervening as a bystander, and fostering development of healthy relationships. ``(2) Access to programs.--The institution is encouraged-- ``(A) to provide access to the programs required under this subsection for each student during each academic year; and ``(B) to ensure new students are made aware of the programs and can access them as soon as possible after beginning the course of study at the institution. ``(b) Support Services.--Each institution of higher education which is subject to this part shall devote appropriate resources for the care, support, and guidance for students affected by sexual violence. ``(c) Role of Volunteer Advisors to Student Organizations.--An institution of higher education which is subject to this part-- ``(1) may not designate an adult volunteer advisor to a student organization, or any employee of a student organization who is not also an employee of the institution, as a campus security authority under section 485 or regulations implementing that section; and ``(2) may not deny recognition to a student organization because an advisor or employee described in paragraph (1) does not register or serve as a campus security authority under section 485 or regulations implementing that section. ``(d) Training.--Each institution of higher education which is subject to this part shall provide appropriate annual training to campus security personnel, campus disciplinary committee members, and other relevant institutional personnel regarding the requirements of this part, and shall at a minimum require each student who serves as a resident advisor in housing facilities which are owned or supervised by the institution to participate in this training. ``SEC. 163. DUE PROCESS REQUIREMENTS FOR INSTITUTIONAL DISCIPLINARY PROCEEDINGS. ``(a) Due Process Rights.--Except as provided with respect to interim sanctions under section 164, each institution of higher education which is subject to this part may not impose any sanction on any person, including a student organization, in response to a covered allegation which is reported to the institution unless the sanction is imposed under a formal hearing or similar adjudicatory proceeding, in accordance with institutional disciplinary proceedings that meet each of the following requirements: ``(1) The institution shall provide all parties to the proceeding with adequate written notice of the allegation not later than 2 weeks prior to the start of any formal hearing or similar adjudicatory proceeding, and shall include in such notice a description of all rights and responsibilities under the proceeding, a statement of all relevant details of the allegation, and a specific statement of the sanctions which may be imposed. ``(2) The institution shall provide each person against whom the allegation is made with a meaningful opportunity to admit or contest the allegation. ``(3) The institution shall ensure that all parties to the proceeding have access to all material evidence, including both inculpatory and exculpatory evidence, not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding. Such evidence may include but is not limited to complainant statements, third-party witness statements, electronically stored information, written communications, social media posts, and demonstrative evidence. ``(4) The institution shall permit each party to the proceeding to be represented, at the sole expense of the party, by an attorney or other advocate for the duration of the proceeding, including during the investigation of the allegation and other preliminary stages prior to a formal hearing or similar adjudicatory proceeding, and shall permit the attorney or other advocate to ask questions in the proceeding, file relevant papers, examine evidence, and examine witnesses (subject to paragraph (5)). ``(5) The institution shall permit each party to the proceeding to safely confront witnesses, including the complainant, in an appropriate manner, including by submitting written questions to be asked by the person serving as the adjudicator in any formal hearing or similar adjudicatory proceeding, except that it shall presumptively improper for any person to make any inquiry about the sexual history of the individual reporting the covered allegation (other than an inquiry made by the individual against whom the allegation is made, or such individual's counsel or advocate, about the sexual history between such individual and the individual reporting the covered allegation). ``(6) The institution shall ensure that the proceeding is carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles. For purposes of this paragraph, an institution shall be considered to commingle such roles if any individual carries out more than one of the following roles with respect to the proceeding: ``(A) Victim counselor and victim advocate. ``(B) Investigator. ``(C) Prosecutor. ``(D) Adjudicator. ``(E) Appellate adjudicator. ``(b) Standard of Proof.--An institution of higher education may establish and apply such standard of proof as it considers appropriate for purposes of any adjudication carried out as part of an institutional disciplinary proceeding under this section. ``(c) Judicial Review.-- ``(1) Private right of action.--Any individual who is aggrieved by a decision to impose a sanction under an institutional disciplinary proceeding under this section may bring a civil action in an appropriate district court of the United States, but only if the action is brought not later than 1 year after the date on which the individual received final notice of the sanction imposed on the individual under the proceeding. ``(2) Standard for review.--In any action brought under this subsection, the court may find for the plaintiff only if the court finds that the imposition of the sanction was arbitrary, capricious, or contrary to law. ``(3) Records.--As soon as practicable after a civil action is filed under this subsection, the institution of higher education involved shall forward the administrative record of the institutional disciplinary proceeding to the court. ``(4) Damages and prevailing party fees.--In any civil action under this subsection, the court may award the prevailing party (other than the institution of higher education) compensatory damages, reasonable court costs, attorney fees, including expert fees, and any other relief in equity or law that the court deems appropriate. ``(d) Publication in Student Handbook.--Each institution of higher education which is subject to this part shall publish annually in the institution's Student Handbook (or equivalent publication) a statement of the procedures applicable to institutional disciplinary proceedings under this section, and shall publish such statement in the form of a contract between the institution and its students and student organizations. ``(e) No Right to Paid Advocate.--Nothing in this section shall be construed to create a right for any individual to be represented by an attorney or other advocate at an institution of higher education's expense. ``SEC. 164. SPECIAL RULES FOR IMPOSITION OF INTERIM SANCTIONS. ``(a) Permitting Institution To Impose Interim Sanctions.-- ``(1) In general.--Notwithstanding section 163, an institution may impose interim sanctions against the subject of the allegation with respect to the allegation (including temporary suspensions, no contact orders, adjustments of class schedules, or changes in housing assignments) and carry out investigations and adjudications with respect to the imposition of such sanctions, but only if the institution determines that the imposition of such a sanction is a reasonable measure to promote campus safety and student well-being. ``(2) Special rules for duration of periods of temporary suspensions.-- ``(A) Students.--Subject to paragraph (3), if the subject of an allegation is a student, an institution may impose a temporary suspension for a period of not more than 15 days as an interim sanction under this subsection, and may extend the suspension for additional periods of not more than 30 days per period if, pursuant to a hearing held in accordance with the requirements of section 163 for each such additional period, the institution finds that extension is necessary because the student poses an immediate threat to campus safety and student well-being. ``(B) Student organizations.--If the subject of an allegation is a student organization, an institution may impose a temporary suspension for a period of not more than 10 days on the operations of the organization as an interim sanction under this subsection, but only if the institution determines that the organization has engaged in activity that presents a significant risk to the health and physical safety of campus community members, and that the imposition of the suspension is not done merely for punitive purposes. ``(3) Period in which interim sanction is in effect.--An interim sanction imposed under this subsection with respect to an allegation shall terminate no later than the conclusion of the proceedings carried out in accordance with section 163. ``(4) Prohibiting imposition of interim sanctions upon joint request of alleged victim and law enforcement.--An institution may not impose an interim sanction under this subsection with respect to a covered allegation during any period for which the alleged victim and the law enforcement agency which is investigating the allegation submit a joint request to the institution to not impose such an interim sanction. ``(b) Safe Harbors.-- ``(1) Institutions.--No institution of higher education which is subject to this part shall be considered to have violated any provision of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or any policy or regulation implementing any such provision on the grounds that the institution deferred to a law enforcement investigation at the request of law enforcement personnel, to the extent that the institution was prohibited under this section from initiating or carrying out any institutional disciplinary proceeding with respect to the allegation. ``(2) Students.--An institution of higher education which is subject to this part may not impose a sanction on a student who is a victim of, or a bystander witness to, an act of sexual violence on the grounds that the student engaged in conduct prohibited under the institution's code of conduct (other than violent conduct) if the institution learned that the student engaged in such conduct as part of a report of a covered allegation which was made in good faith by the student to an agent of the institution. ``(c) No Effect on Civil Remedies.--Nothing in this section or section 163 may be construed to limit the authority of any person to seek a civil remedy in a court of competent jurisdiction with respect to any covered allegation. ``SEC. 165. PRESERVATION OF SINGLE-SEX EXEMPTION FOR STUDENT ORGANIZATIONS. ``(a) Restatement of Congressional Position on Title IX and Single- Sex Organizations.--Congress finds as follows: ``(1) The enactment of title IX of the Education Amendments of 1972 (commonly known as `title IX') continues to be a vital element of ensuring all Americans have equal access to higher education. ``(2) The exemption under title IX that allows single-sex organizations to continue to flourish at institutions of higher education is still essential to developing a wide range of enrichment opportunities for students to learn and grow. ``(3) While title IX has done much to provide opportunities for women and men alike, the single-sex exemption is a part of that tapestry of opportunities, and institutions of higher education may not take actions that undermine this single-sex exemption. ``(b) Prohibiting Institutions From Requiring Single-Sex Student Organizations To Waive Title IX Protections.--An institution of higher education which is subject to this part may not-- ``(1) require a student organization which is authorized under section 901(a)(6)(A) of the Education Amendments of 1972 (20 U.S.C. 1681(a)(6)(A)) to limit its membership to individuals of one sex to admit individuals as members who do not meet the organization's membership requirements; ``(2) compel a student organization or the governing body of a student organization that is itself comprised of single- sex organizations to accept organizations or individuals that do not meet the organization's or governing body's membership qualifications; or ``(3) require an organization which is covered by section 901(a)(6)(A) of the Education Amendments of 1972 (20 U.S.C. 1681(a)(6)(A)) to waive its coverage under such section as a disciplinary or punitive measure.''. (b) Effective Date.--The amendments made by this section shall apply with respect to allegations made on or after the expiration of the 1-year period that begins on the date of the enactment of this Act.

Fair Campus Act of 2015 This bill amends title I (General Provisions) of the Higher Education Act of 1965 (HEA) to establish requirements with respect to sexual violence allegations at institutions of higher education (IHEs). An IHE that receives HEA funds, except a foreign institution, must provide support services to affected students and annual training to relevant personnel. This bill prohibits an IHE from imposing sanctions on a person, including a student organization (e.g., a fraternity or sorority), with respect to alleged sexual violence, except pursuant to a formal hearing in accordance with institutional disciplinary proceedings. It specifies due process requirements for such proceedings, permits an IHE to select the applicable standard of proof, and directs an IHE to publish applicable procedures in its student handbook. An IHE may initiate an institutional disciplinary proceeding to impose certain interim sanctions (e.g., a class schedule adjustment). It also prohibits an IHE from requiring a sorority or fraternity to: (1) admit members who do not meet membership requirements, or (2) waive its coverage exemption under title IX of the Education Amendments Act of 1972 (title IX prohibits sex discrimination in federally funded education programs and activities) as a disciplinary or punitive measure.

Fair Campus Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sacramento Valley Water Storage and Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The State of California has recently experienced one of the driest periods on record, and in 2017 is experiencing one of the wettest years on record. New surface water storage infrastructure with the capacity to store water in wet years for use in dry periods is urgently needed. (2) The Sites Project (sometimes referred to as ``North of Delta Offstream Storage'') has been identified by the State of California and the Federal Government as an important component to integrated water management in the Sacramento Valley that would advance the co-equal objectives of improving water management and restoring ecological health for beneficial uses of the Sacramento-San Joaquin Delta and the Sacramento River watershed. Further, the Sites Reservoir was found in the CALFED Record of Decision to be the preferred location to provide North of Delta Offstream Storage and subsequent studies have shown the Sites Reservoir to be technically feasible. (3) Among other things, the Sites Project would-- (A) increase surface water storage to enhance water management flexibility in the Sacramento Valley; (B) improve the operation of the State's water system to provide improvements in ecosystem and water quality conditions in the Bay-Delta while providing a more reliable water supply for the State of California; (C) improve conditions for fish, waterfowl, and wildlife in the Sacramento Valley, including anadromous fish in the Sacramento River; (D) provide local flood control benefits; (E) integrate with renewable energy sources consistent with applicable Federal and State of California goals; (F) create both construction and long-term jobs to improve both the local and regional economies in the Sacramento Valley; and (G) provide additional recreational benefits. (4) The Sites Project has been shown to provide approximately 500,000 acre-feet of additional annualized yield that, when integrated into the operations of the State and Federal reservoirs upstream of the Bay-Delta, can improve the system-wide operational efficiency for both water supply reliability and the environment. (5) Healthy wetlands and wildlife refuges are of vital importance to wildlife in California and require a reliable supply of water and additional surface water storage can help meet water supply goals under the Central Valley Project Improvement Act. (6) It is in the interests of the United States for the Federal Government to work with the Sites Project Authority, which has been established under laws of the State of California as an independent joint exercise of powers authority to, among other things, study, promote, develop, design, finance, acquire, construct, manage, and operate Sites Reservoir and related facilities in order to advance the Sites Project in the most expeditious and cost-effective manner possible. SEC. 3. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Sites Project Authority that entered into a Joint Powers Agreement on August 26, 2010, for the purpose of advancing the Sites Project as a non-Federal facility. The current list of public agencies serving on the Authority's 12-member governing board include Colusa County Water District, Glenn-Colusa Irrigation District, Maxwell Irrigation District, Orland-Artois Water District, Placer County Water District/City of Roseville, Proberta Water District, Reclamation District 108, the Tehama-Colusa Canal Authority, Western Canal Water District, Westside Water District, the County of Glenn, the County of Colusa. In addition, agencies from the Bay Area, San Joaquin Valley, and Southern California are actively participating to advance the Sites Project. (2) Bureau.--The term ``Bureau'' means the Bureau of Reclamation. (3) Central valley project.--The term ``Central Valley Project'' means all Federal reclamation projects located within or diverting water from or to the watershed of the Sacramento and San Joaquin rivers and their tributaries as authorized by the Act of August 26, 1937 (50 Stat. 850), and all Acts amendatory or supplemental thereto, including-- (A) the Act of October 17, 1940 (54 Stat. 1198, 1199); (B) the Act of December 22, 1944 (58 Stat. 887); (C) the Act of October 14, 1949 (63 Stat. 852); (D) the Act of September 26, 1950 (64 Stat. 1036); (E) the Act of August 27, 1954 (68 Stat. 879); (F) the Act of August 12, 1955 (69 Stat. 719); (G) the Act of June 3, 1960 (74 Stat. 156); (H) the Act of October 23, 1962 (76 Stat. 1173); (I) the Act of September 2, 1965 (79 Stat. 615); (J) the Act of August 19, 1967 (81 Stat. 167); (K) the Act of August 27, 1967 (81 Stat. 173); (L) the Act of October 23, 1970 (84 Stat. 1097); (M) the Act of September 28, 1976 (90 Stat. 1324); and (N) the Act of October 27, 1986 (100 Stat. 3050). (4) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Reclamation. (5) Repayment and water service contracts.--The terms ``repayment contract'' and ``water service contract'' have the same meaning given those terms in sections 9(d) and 9(e), respectively, of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Sites project.--The term ``Sites Project''-- (A) refers to the off-stream water storage project identified in the CALFED Record of Decision, dated 2000 Aug. 28; and (B) means the Sites Reservoir in Glenn and Colusa Counties, California, and related facilities, including associated water conveyance and hydropower generation and transmission facilities. (8) State.--The term ``State'' means the State of California. SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT STATEMENTS. (a) Completion of Final Feasibility Study.--The Secretary, acting through the Commissioner, shall-- (1) complete the final feasibility study described in clause (ii)(I) of section 103(d)(1)(A) of Public Law 108-361; and (2) submit that study to the appropriate committees of the House of Representatives and the Senate together with the joint environmental impact statement and environmental impact report required under subsection (d). (b) Evaluation of Non-Federal Project.--The feasibility study shall evaluate the development of the Sites Project as a non-Federal project whereby the Department of the Interior may be a participant in the locally preferred project in a manner that is consistent with the recommendations identified in the final feasibility study. (c) Locally Preferred Alternative.--If the Sites Project is developed as a non-Federal project and the Authority's locally preferred alternative be determined in the feasibility study to be the alternative producing the highest Regional Economic Development Account benefits, the locally preferred alternative shall be the preferred project. (d) Final Environmental Impact Statement and Environmental Impact Report.--No later than 16 months after the date that the California Water Commission establishes a Maximum Conditional Eligibility Determination for State participation in the Sites Project, as required before the Sites Project can be deemed to be consistent with and eligible for support from funds derived from the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014, or November 30, 2019, whichever occurs later, the Secretary shall work with the Secretary of Commerce, the Army Corps of Engineers and the Environmental Protection Agency Administrator to coordinate the efforts of the relevant agencies and work with the State, the Authority, and other stakeholders to complete and issue the final joint environmental impact statement and environmental impact report on the Sites Project. (e) Requirements of Existing Law.--Nothing in the section affects the requirements of Federal law. SEC. 5. CONSTRUCTION. (a) Authorization of Construction.--Section 103(d)(1)(B) of the Calfed Bay-Delta Authorization Act (Public Law 108-361) is amended-- (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (2) by inserting after clause (i) the following: ``(ii) Construction authorization.--If the Secretary determines that the project described in subparagraph (A)(ii)(I) is feasible, the Secretary, in cooperation with the Authority, may participate in the design, planning, and construction of the Sites Project in a manner that is substantially in accordance with the recommended plan, subject to the conditions described in the feasibility study. ``(iii) Federal investment in a non-federal sites project.--The Secretary shall take such steps as are necessary to ensure that, in return for any Federal investment in a non- Federal Sites Project, a proportionate share of the project's public benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and those purposes referred to in section 6(c) and 6(d) of the Sacramento Valley Water Storage and Restoration Act.''; and (3) in clause (iii), by striking ``the project'' and inserting ``a project described in subparagraph (A)(ii)(I)''. (b) Project Partnership Agreements.--At the request of the Authority, the Bureau shall enter into a project partnership agreement with the Authority for the Authority to provide full project management control for construction of the Sites Project, or a separable element of the project, in accordance with plans approved by the Secretary. (c) Detailed Project Schedule.--Not later than 180 days after entering into a Project Partnership agreement under subsection (b), the Authority, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule based on estimated funding levels that lists all deadlines for each milestone in the construction of the project. SEC. 6. NON-FEDERAL PROJECT. (a) In General.--Notwithstanding any other provision of this Act, if at any time the Commissioner determines and the Secretary concurs that the Sites Project can be expedited by the Authority as a non- Federal project, and that there is a demonstrable Federal interest for the Sites Project to be constructed and operated as a non-Federal project, the Commissioner shall take any and all actions possible to advance the Sites Project as a non-Federal project, including entering into cost-shared financial assistance agreements with the Authority to support the design, planning, and construction of the Sites Project as a non-Federal project. (b) Title; Operations and Maintenance.--The Authority shall hold title to all new facilities constructed under this section, and shall be solely responsible for the operation and maintenance costs of such facilities. (c) Coordinated Operations.--The Secretary shall execute and implement a long-term agreement between the United States and the Authority to provide for the coordination of operations of the Central Valley Project and the Sites Project to-- (1) satisfy any contracts or cooperative agreements entered into under subsection (d); (2) help meet any unmet needs for Sacramento Valley in- basin water uses; (3) help meet any unmet needs of existing Central Valley Project repayment and water service contracts; and (4) ensure that any surplus water supplies from the Sites Project are put to full and beneficial use. (d) Contracts and Cooperative Agreements.--The Secretary is authorized to enter into long-term contracts and cooperative agreements with the Authority to acquire water supplies made available from the Sites Project for the purposes of meeting the requirements under section 3406(b)(3) and section 3408(j) of the Central Valley Project Improvement Act (Public Law 102-575) and such other purposes as the Secretary may deem appropriate. SEC. 7. ENVIRONMENTAL REVIEW AND PERMITTING. With respect to the Sites Project, the Bureau shall-- (1) be the lead Federal agency for the purposes of all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow either the Bureau or the Authority to construct the Sites Project, including all requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other Federal law applicable to the construction of the Sites Project facilities by the Bureau or the Authority; and (2) take such steps as are necessary to ensure that all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow either the Bureau or the Authority to construct and operate the Sites Project are completed on an expeditious basis and use the shortest applicable process, and, to the maximum extent practicable, are completed not later than January 1, 2022, as required by the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014, as a condition of State financial participation in a project deemed eligible for assistance under the aforementioned Act. SEC. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Nothing in this Act modifies or alters any obligations or requirements under any Federal environmental law, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 9. SAVINGS CLAUSE. Nothing in this Act shall be construed to preempt any existing State law, including area of origin and other water rights protections.

Sacramento Valley Water Storage and Restoration Act This bill directs the Department of the Interior, acting through the Bureau of Reclamation, to: complete the final feasibility study authorized under the Water Supply, Reliability, and Environmental Improvement Act for the Sites Reservoir in Colusa County, California, which shall evaluate the development of the project as a non-federal project whereby Interior may be a participant in the locally preferred project;  work with the Department of Commerce, the Army Corps of Engineers, and the Environmental Protection Agency to coordinate the efforts of the relevant agencies and work with the state of California, the Sites Project Authority, and other stakeholders to complete and issue the final joint environmental impact statement and report on the project; submit such study and report to specified congressional committees; and take steps necessary to ensure that, in return for any federal investment in a non-federal Sites project, a proportionate share of the project's public benefits are federal benefits. The bill amends the Calfed Bay-Delta Authorization Act to: (1) authorize Interior to participate in construction of the project if Interior determines that the project is feasible; and (2) direct the Bureau, at the Authority's request, to enter into a partnership agreement for the Authority to provide full project management control for construction of the project or a separable element of the project. The bill directs: (1) the Bureau to advance the project as a non-federal project under specified circumstances, and (2) Interior to execute a long-term agreement with the Authority for the coordination of operations of the Sites project and the Central Valley Project. With respect to the Sites project, the Bureau shall: (1) be the lead federal agency for the purposes of all federal reviews, approvals, or decisions required under federal law to allow either the Bureau or the Authority to construct the project; and (2) take steps necessary to ensure that all such reviews, approvals, or decisions are completed on an expeditious basis by January 1, 2022.

Sacramento Valley Water Storage and Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Milk Price Discovery Improvement Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Cheese Exchange, located in Green Bay, Wisconsin, is the only cash market for bulk cheese in the United States, trades less than 1 percent of all bulk cheese sold nationally, and currently functions as the only price discovery mechanism for bulk cheese throughout the industry; (2) the National Cheese Exchange opinion price directly influences milk prices paid to farmers because of its use in the Department of Agriculture's basic formula price under Federal milk marketing orders; (3) opinion prices at the National Cheese Exchange influence the price for much of the bulk cheese bought and sold in the United States and directly or indirectly influences the price of milk paid to producers throughout the United States; (4) the National Cheese Exchange is a thinly traded, illiquid, and highly concentrated market that is increasingly volatile; (5) a report issued by the University of Wisconsin and funded by the United States Department of Agriculture concluded that the National Cheese Exchange is vulnerable to price manipulation; (6) the thin nature of the National Cheese Exchange and the characteristics of that market that may facilitate price manipulation have led to widespread producer concern about the validity of prices at the National Cheese Exchange; and (7) it is in the national interest to ensure that prices on cash markets that directly and indirectly affect milk prices are determined in the most competitive manner practicable and to improve price discovery for milk and other dairy products. SEC. 3. BASIC FORMULA PRICE. Section 143(a) of the Agricultural Market Transition Act (7 U.S.C. 7253(a)) is amended by adding at the end the following: ``(5) National cheese exchange.-- ``(A) In general.--In carrying out this subsection and section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, the Secretary shall not, directly or indirectly, use a price established on the National Cheese Exchange to determine the basic formula price for milk or any other milk price regulated by the Secretary. ``(B) Regulations.--Not later than 60 days after the date of enactment of this paragraph, the Secretary shall review and amend the applicable regulations promulgated by the Secretary to ensure that the regulations comply with subparagraph (A). ``(C) Effect on further revision.--Subparagraph (B) shall not preclude a further revision to, or replacement of, the basic formula price under this subsection or section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, except that the revision or replacement shall be consistent with subparagraph (A).''. SEC. 4. DAIRY PRICE DISCOVERY AND REPORTING SYSTEM. Section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622) is amended by adding at the end the following: ``(o) Dairy Price Discovery and Reporting System.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop a price discovery system for raw milk, bulk cheese, and other dairy products in order to facilitate orderly marketing conditions. ``(2) Administration.--In carrying out paragraph (1), the Secretary shall-- ``(A) collect and disseminate, on a weekly basis, statistically reliable information, obtained from all cheese manufacturing areas in the United States on prices and terms of trade for spot and forward contracts, reported separately, transactions involving bulk cheese, including information on the national average price and regional average prices for bulk cheese sold through spot and contract transactions; ``(B) provide technical assistance to any person, group of persons, or organization seeking to organize a cash market alternative to the National Cheese Exchange that the Secretary believes will improve price discovery; and ``(C) not later than 180 days after the date of enactment of this subsection-- ``(i) in cooperation with the Commodity Futures Trading Commission, conduct a study and report to Congress on means of encouraging improved volume in futures trading for milk, bulk cheese, and other dairy products; and ``(ii) conduct a study and report to Congress on the feasibility and desirability of the creation of an electronic exchange for cheese and other dairy products. ``(3) Confidentiality.--All information provided to, or acquired by, the Secretary under paragraph (2)(A) shall be kept confidential by each officer and employee of the Department of Agriculture, except that general weekly statements may be issued that are based on the information and that do not identify the information provided by any person.''. SEC. 5. OVERSIGHT OF CASH MARKETS AFFECTING FEDERAL MILK MARKETING ORDERS. Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following: ``(20) Oversight of cash markets affecting federal milk marketing orders.-- ``(A) Definition of noncompetitive practice.--In this paragraph, the term `noncompetitive practice' means an action or measure that involves engaging in a course of business or act for the purpose or with the effect of-- ``(i) manipulating or controlling a price on a cash market that affects the price of milk regulated under an order issued under this section; ``(ii) creating a monopoly in the acquiring, buying, selling, or dealing in a product; or ``(iii) restraining commerce. ``(B) General rule.--In order to ensure fair trade practices and orderly marketing conditions for milk and milk products under this section, the Secretary shall prohibit noncompetitive practices on a cash exchange for milk, cheese, and other milk products that the Secretary finds affects or influences the price of milk regulated under an order issued under this section. ``(C) Other agencies and states.--This paragraph shall not affect the authority of the Federal Trade Commission, Commodity Futures Trading Commission, Department of Justice, any other Federal agency, or any State agency to regulate a noncompetitive practice described in subparagraph (B). ``(D) Enforcement.--The enforcement provisions of sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193, 194, 195) shall apply, to the extent practicable (as determined by the Secretary), to this paragraph.''.

Milk Price Discovery Improvement Act of 1997 - Amends the Agricultural Market Transition Act to prohibit the Secretary of Agriculture from directly or indirectly using a price established on the National Cheese Exchange to determine the basic formula price for milk. Amends the Agricultural Marketing Act of 1946 to direct the Secretary to develop a dairy price discovery and reporting system, which shall include: (1) collection and dissemination of weekly cheese prices; (2) technical assistance to organize a cash market alternative to the National Cheese Exchange; and (3) studies of improved volume in dairy futures trading and on creation of an electronic dairy exchange. Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to provide for oversight of cash markets affecting Federal milk marketing orders.

Milk Price Discovery Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Investment Advice Act of 2001''. SEC. 2. SAFE HARBOR FOR PLAN SPONSORS DESIGNATING INVESTMENT ADVISERS. (a) In General.--Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection: ``(e)(1) In the case of a pension plan which provides individual accounts and permits a plan participant or beneficiary to exercise control over the assets in such an account, if a plan sponsor or other person who is a fiduciary designates and monitors a qualified investment adviser pursuant to the requirements of paragraph (3), such fiduciary-- ``(A) shall be deemed to have satisfied the requirements under this section for the prudent designation and periodic review of an investment adviser with whom the plan sponsor or other person who is a fiduciary enters into an arrangement for the provision of advice referred to in section 3(21)(A)(ii), ``(B) shall not be liable under this section for any loss, or by reason of any breach, with respect to the provision of investment advice given by such adviser to any plan participant or beneficiary, and ``(C) shall not be liable for any co-fiduciary liability under subsections (a)(2) and (b) of section 405 with respect to the provision of investment advice given by such adviser to any plan participant or beneficiary. ``(2) For purposes of this subsection: ``(A) The term `qualified investment adviser' means, with respect to a plan, a person-- ``(i) who is a fiduciary of the plan by reason of the provision of investment advice by such person to a plan participant or beneficiary; ``(ii) who-- ``(I) is registered as an investment adviser under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.), ``(II) is registered as an investment adviser under the laws of the State in which such adviser maintains the principal office and place of business of such adviser, but only if such State has an examination requirement to qualify for such registration, ``(III) is a bank or similar financial institution referred to in section 408(b)(4), ``(IV) is an insurance company qualified to do business under the laws of a State, or ``(V) is any other comparably qualified entity which satisfies such criteria as the Secretary determines appropriate, consistent with the purposes of this subsection; and ``(iii) who meets the requirements of subparagraph (B). ``(B) The requirements of this subparagraph are met, if every individual employed (or otherwise compensated) by a person described in subparagraph (A)(ii) who provides investment advice on behalf of such person to any plan participant or beneficiary, is-- ``(i) an individual described in subclause (I) or (II) of subparagraph (A)(ii), ``(ii) registered as a broker or dealer under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), ``(iii) a registered representative as described in section 3(a)(18) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(18)) or section 202(a)(17) of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 2(a)(17)), or ``(iv) any other comparably qualified individual who satisfies such criteria as the Secretary determines appropriate, consistent with the purposes of this subsection. ``(3) The requirements of this paragraph are met, if-- ``(A) the plan sponsor or other person who is a fiduciary in designating an investment adviser, and annually thereafter, receives in writing verification that the investment adviser-- ``(i) is and remains a qualified investment adviser, ``(ii) acknowledges it is a fiduciary with respect to the plan and is solely responsible for its investment advice, ``(iii) has reviewed the plan documents including investment options and upon review has determined that its relationship with the plan and the investment advice provided to any plan participant or beneficiary, including any fees or other compensation it will receive, will not constitute a violation of section 406, and ``(iv) has the necessary insurance coverage (as determined by the Secretary) for any claim by any plan participant or beneficiary; ``(B) the plan sponsor or other person who is a fiduciary in designating a qualified investment adviser reviews the following documents it receives from such adviser and determines that there is no material reason not to enter into an arrangement for the provision of advice by such qualified investment adviser: ``(i) The contract with the plan sponsor or other person who is a fiduciary for the services to be provided by the investment adviser to the plan participants and beneficiaries. ``(ii) A disclosure as to any fees or other compensation that will be received by the investment adviser for the provision of such investment advice. ``(iii) The Uniform Application for Investment Adviser Registration as filed with the Securities and Exchange Commission or a substantially similar disclosure application as determined by and filed with the Secretary; and ``(C) the plan sponsor or other person who is a fiduciary determines whether or not to continue the designation of the investment adviser as a qualified investment adviser within 30 days of having information brought to its attention that the investment adviser is no longer qualified or that a substantial number of plan participants or beneficiaries raise concerns about the services being provided by the investment adviser. ``(4) Any qualified investment adviser that acknowledges it is a fiduciary pursuant to paragraph (3)(A)(ii) shall be deemed a fiduciary under this part with respect to the provision of investment advice to a plan participant or beneficiary. ``(5) Any recovery to the plan under section 409 as a result of a fiduciary breach by a qualified investment adviser under this part shall inure to the benefit of the individual accounts of the affected plan participants or beneficiaries.''. (b) Effective Date.--The amendment made by this section shall apply with respect to advisers designated on or after the date of the enactment of this Act.

Independent Investment Advice Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to deem to have satisfied certain requirements (provide a safe harbor for) retirement plan sponsors and fiduciaries who designate, according to specified criteria, and monitor investment advisers for workers managing their own retirement income assets.

A bill to amend title I of the Employee Retirement Income Security Act of 1974 to cerate a safe harbor for retirement plan sponsors in the designation and monitoring of investment advisers for workers managing their retirement income assets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Valles Caldera Preservation Act of 2004''. SEC. 2. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT. (a) Acquisition of Outstanding Mineral Interests.--Section 104(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is amended-- (1) by striking ``The acquisition'' and inserting the following: ``(1) In general.--The acquisition''; (2) by striking ``The Secretary'' and inserting the following: ``(2) Acquisition.--The Secretary''; (3) by striking ``on a willing seller basis''; (4) by striking ``Any such'' and inserting the following: ``(3) Administration.--Any such''; and (5) by adding at the end the following: ``(4) Available funds.--Any such interests shall be acquired with available funds. ``(5) Declaration of taking.-- ``(A) In general.--If negotiations to acquire the interests are unsuccessful by the date that is 60 days after the date of enactment of this paragraph, the Secretary shall acquire the interests pursuant to section 3114 of title 40, United States Code. ``(B) Source of funds.--Any difference between the sum of money estimated to be just compensation by the Secretary and the amount awarded shall be paid from the permanent judgment appropriation under section 1304 of title 31, United States Code.''. (b) Obligations and Expenditures.--Section 106(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at the end the following: ``(4) Obligations and expenditures.--Subject to the laws applicable to Government corporations, the Trust shall determine-- ``(A) the character of, and the necessity for, any obligations and expenditures of the Trust; and ``(B) the manner in which obligations and expenditures shall be incurred, allowed, and paid.''. (c) Solicitation of Donations.--Section 106(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking ``The Trust may solicit'' and inserting ``The members of the Board of Trustees, the executive director, and 1 additional employee of the Trust in an executive position designated by the Board of Trustees or the executive director may solicit''. (d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking ``subsection (g)'' and inserting ``subsection (g), from claims, judgments, or settlements arising from activities occurring on the Baca Ranch or the Preserve after October 27, 1999,''. SEC. 3. BOARD OF TRUSTEES. Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v- 5(e)) is amended-- (1) in paragraph (2), by striking ``Trustees'' and inserting ``Except as provided in paragraph (3), trustees''; and (2) in paragraph (3)-- (A) by striking ``Trustees'' and inserting the following: ``(A) Selection.--Trustees''; and (B) by adding at the end the following: ``(B) Compensation.--On request of the chair, the chair may be compensated at a rate determined by the Board of Trustees, but not to exceed the daily equivalent of the annual rate of pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) in which the chair is engaged in the performance of duties of the Board of Trustees. ``(C) Maximum rate of pay.--The total amount of compensation paid to the chair for a fiscal year under subparagraph (B) shall not exceed 25 percent of the annual rate of pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. SEC. 4. RESOURCE MANAGEMENT. (a) Property Disposal Limitations.--Section 108(c)(3) of the Valles Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended-- (1) in the first sentence, by striking ``The Trust may not dispose'' and inserting the following: ``(A) In general.--The Trust may not dispose''; (2) in the second sentence, by striking ``The Trust'' and inserting the following: ``(B) Maximum duration.--The Trust''; (3) in the last sentence, by striking ``Any such'' and inserting the following: ``(C) Termination.--The''; and (4) by adding at the end the following: ``(D) Exclusions.--For the purposes of this paragraph, the disposal of real property does not include the sale or other disposal of forage, forest products, or marketable renewable resources.''. (b) Law Enforcement and Fire Management.--Section 108(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting the following: ``(1) Law enforcement.-- ``(A) In general.--The Secretary''; (2) in the second sentence, by striking ``The Trust'' and inserting the following: ``(B) Federal agency.--The Trust''; and (3) by striking ``At the request of the Trust'' and all that follows through the end of the paragraph and inserting the following: ``(2) Fire management.-- ``(A) Non-reimbursable services.-- ``(i) Development of plan.--The Secretary shall, in consultation with the Trust, develop a plan to carry out fire preparedness, suppression, and emergency rehabilitation services on the Preserve. ``(ii) Consistency with management program.--The plan shall be consistent with the management program developed pursuant to subsection (d). ``(iii) Cooperative agreement.--To the extent generally authorized at other units of the National Forest System, the Secretary shall provide the services to be carried out pursuant to the plan under a cooperative agreement entered into between the Secretary and the Trust. ``(B) Reimbursable services.--To the extent generally authorized at other units of the National Forest System, the Secretary may provide presuppression and nonemergency rehabilitation and restoration services for the Trust at any time on a reimbursable basis.''. Passed the Senate September 15, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Valles Caldera Preservation Act of 2004 - Amends the Valles Caldera Preservation Act to require the Secretary of Agriculture to negotiate a price for buying the remaining mineral interests of the Valles Caldera Preserve in New Mexico. Directs that any difference between the sum estimated to be just compensation by the Secretary and the amount awarded be paid from the permanent judgment appropriation. Requires the Trust to determine the character of, and the necessity for, any obligations and expenditures of the Trust and the manner in which obligations and expenditures shall be incurred, allowed, and paid. Grants authority to use monies received from claims, judgments, or settlements arising from activities occurring on the Baca Ranch or the Preserve after October 27, 1999, for specified purposes. Provides for the rate of compensation of the chairperson of the Trust. Authorizes the Trust to dispose of forage, forest products, or marketable renewable resources as part of its resource management authority. Directs the Secretary to develop a plan to carry out fire preparedness, suppression, and emergency rehabilitation services on the Preserve. Authorizes the Secretary to provide presuppression and non-emergency rehabilitation and restoration services for the Trust, to the extent generally authorized at other National Forest System units, at any time on a reimbursable basis.

A bill to amend the Valles Preservation Act to improve the preservation of the Valles Caldera, and for other purposes.

SECTION 1. MORATORIUM ON FLOOD MAP UPDATES. The Administrator of the Federal Emergency Management Agency may not revise and update a floodplain area or flood-risk zone under section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)) until the date on which the Administrator submits to Congress a community outreach plan for the updating of floodplain areas and flood-risk zones. SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL PROPERTY LOCATED IN EXPANDED FLOOD ZONE. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section: ``SEC. 36A. NEW FLOOD ZONE PREMIUM CREDIT. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the premium paid by the taxpayer for flood insurance under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) covering any residential property of the taxpayer which is a qualified flood risk property. ``(b) Limitations.-- ``(1) Limitation based on income.-- ``(A) In general.--The amount which would (but for this subsection) be allowable as a credit under this section shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $50,000 ($100,000 in the case of a joint return), bears to ``(ii) $100,000 ($200,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of subparagraph (B), the term `modified adjusted gross income' means adjusted gross income determined-- ``(i) without regard to this section and sections 199, 222, 911, 931, and 933, and ``(ii) after application of sections 86, 135, 137, 219, 221, and 469. ``(2) Limitation based on period.--No amount shall be allowed as a credit under subsection (a) with respect to any residential property after the end of the 4th calendar beginning after the calendar year in which the map referred to in subsection (c)(1) first became effective. ``(c) Qualified Flood Risk Property.--For purposes of this section, the term `qualified flood risk property' means a residential property (within the meaning of the National Flood Insurance Act of 1968) which-- ``(1) is located in a floodplain area or flood-risk zone, as depicted on a flood insurance rate map revised and updated pursuant to section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), ``(2) was outside of any floodplain area or flood-risk zone prior to such revision and updating, and ``(3) with respect to which-- ``(A) the taxpayer owned such property on the date such revised and updated map first became effective, or ``(B) the purchase or construction of which by the taxpayer was subject to a binding written contract on such date.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 36A'' after ``36''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. New flood zone premium credit.''. (c) Effective Date; Waiver of Limitations.-- (1) In general.--The amendments made by this section shall apply with respect to any flood insurance rate map which becomes effective pursuant to section 1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101). (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 3. GRANT PROGRAM TO IMPROVE COMMUNITY RATING. Section 1315(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(5) Grants.--The program shall provide grants to communities for projects to improve the community rating of the communities under the program.''.

Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from updating a floodplain area or flood-risk zone under the National Flood Insurance Act of 1968 until the Administrator submits a community outreach plan to Congress. Amends the Internal Revenue Code to provide for a credit equal to the premium paid by the taxpayer for flood insurance covering any residential property which is a qualified flood risk property, subject to an income-based limitation. Defines "qualified flood risk property" as a residential property: (1) that is located in a floodplain area or flood-risk zone depicted on a flood insurance rate map revised and updated pursuant to such Act; (2) that was outside of any floodplain area or flood-risk zone prior to such revision; and (3) that the taxpayer owned on the date such map became effective or the purchase or construction of which by the taxpayer was subject to a binding written contract on such date. Makes this Act applicable to any flood insurance rate map that becomes effective pursuant to such Act. Provides that if a refund or credit of any overpayment resulting from this Act is prevented at any time before one year after enactment of this Act, such refund or credit may occur if the claim is filed before the close of that period. Amends such Act to require the community rating system program to provide grants to communities for projects to improve the rating of communities under the program.

To prohibit the Administrator of the Federal Emergency Management Agency from updating flood maps until the Administrator submits to Congress a community outreach plan, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration and Naturalization Service Data Management Improvement Act of 2000''. SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA. (a) In General.--Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended to read as follows: ``SEC. 110. INTEGRATED ENTRY AND EXIT DATA SYSTEM. ``(a) Requirement.--The Attorney General shall implement an integrated entry and exit data system. ``(b) Integrated Entry and Exit Data System Defined.--For purposes of this section, the term `integrated entry and exit data system' means an electronic system that-- ``(1) provides access to, and integrates, alien arrival and departure data that are-- ``(A) authorized or required to be created or collected under law; ``(B) in an electronic format; and ``(C) in a data base of the Department of Justice or the Department of State, including those created or used at ports of entry and at consular offices; ``(2) uses available data described in paragraph (1) to produce a report of arriving and departing aliens by country of nationality, classification as an immigrant or nonimmigrant, and date of arrival in, and departure from, the United States; ``(3) matches an alien's available arrival data with the alien's available departure data; ``(4) assists the Attorney General (and the Secretary of State, to the extent necessary to carry out such Secretary's obligations under immigration law) to identify, through on-line searching procedures, lawfully admitted nonimmigrants who may have remained in the United States beyond the period authorized by the Attorney General; and ``(5) otherwise uses available alien arrival and departure data described in paragraph (1) to permit the Attorney General to make the reports required under subsection (e). ``(c) Construction.-- ``(1) No additional authority to impose documentary or data collection requirements.--Nothing in this section shall be construed to permit the Attorney General or the Secretary of State to impose any new documentary or data collection requirements on any person in order to satisfy the requirements of this section, including-- ``(A) requirements on any alien for whom the documentary requirements in section 212(a)(7)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(B)) have been waived by the Attorney General and the Secretary of State under section 212(d)(4)(B) of such Act (8 U.S.C. 1182(d)(4)(B)); or ``(B) requirements that are inconsistent with the North American Free Trade Agreement. ``(2) No reduction of authority.--Nothing in this section shall be construed to reduce or curtail any authority of the Attorney General or the Secretary of State under any other provision of law. ``(d) Deadlines.-- ``(1) Airports and seaports.--Not later than December 31, 2003, the Attorney General shall implement the integrated entry and exit data system using available alien arrival and departure data described in subsection (b)(1) pertaining to aliens arriving in, or departing from, the United States at an airport or seaport. Such implementation shall include ensuring that such data, when collected or created by an immigration officer at an airport or seaport, are entered into the system and can be accessed by immigration officers at other airports and seaports. ``(2) High-traffic land border ports of entry.--Not later than December 31, 2004, the Attorney General shall implement the integrated entry and exit data system using the data described in paragraph (1) and available alien arrival and departure data described in subsection (b)(1) pertaining to aliens arriving in, or departing from, the United States at the 50 land border ports of entry determined by the Attorney General to serve the highest numbers of arriving and departing aliens. Such implementation shall include ensuring that such data, when collected or created by an immigration officer at such a port of entry, are entered into the system and can be accessed by immigration officers at airports, seaports, and other such land border ports of entry. ``(3) Remaining data.--Not later than December 31, 2005, the Attorney General shall fully implement the integrated entry and exit data system using all data described in subsection (b)(1). Such implementation shall include ensuring that all such data are available to immigration officers at all ports of entry into the United States. ``(e) Reports.-- ``(1) In general.--Not later than December 31 of each year following the commencement of implementation of the integrated entry and exit data system, the Attorney General shall use the system to prepare an annual report to the Committees on the Judiciary of the House of Representatives and of the Senate. ``(2) Information.--Each report shall include the following information with respect to the preceding fiscal year, and an analysis of that information: ``(A) The number of aliens for whom departure data was collected during the reporting period, with an accounting by country of nationality of the departing alien. ``(B) The number of departing aliens whose departure data was successfully matched to the alien's arrival data, with an accounting by the alien's country of nationality and by the alien's classification as an immigrant or nonimmigrant. ``(C) The number of aliens who arrived pursuant to a nonimmigrant visa, or as a visitor under the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), for whom no matching departure data have been obtained through the system or through other means as of the end of the alien's authorized period of stay, with an accounting by the alien's country of nationality and date of arrival in the United States. ``(D) The number of lawfully admitted nonimmigrants identified as having remained in the United States beyond the period authorized by the Attorney General, with an accounting by the alien's country of nationality. ``(f) Authority To Provide Access to System.-- ``(1) In general.--Subject to subsection (d), the Attorney General, in consultation with the Secretary of State, shall determine which officers and employees of the Departments of Justice and State may enter data into, and have access to the data contained in, the integrated entry and exit data system. ``(2) Other law enforcement officials.--The Attorney General, in the discretion of the Attorney General, may permit other Federal, State, and local law enforcement officials to have access to the data contained in the integrated entry and exit data system for law enforcement purposes. ``(g) Use of Task Force Recommendations.--The Attorney General shall continuously update and improve the integrated entry and exit data system as technology improves and using the recommendations of the task force established under section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2001 through 2008.''. (b) Clerical Amendment.--The table of contents of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by amending the item relating to section 110 to read as follows: ``Sec. 110. Integrated entry and exit data system.''. SEC. 3. TASK FORCE. (a) Establishment.--Not later than 6 months after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, and the Secretary of the Treasury, shall establish a task force to carry out the duties described in subsection (c) (in this section referred to as the ``Task Force''). (b) Membership.-- (1) Chairperson; appointment of members.--The Task Force shall be composed of the Attorney General and 16 other members appointed in accordance with paragraph (2). The Attorney General shall be the chairperson and shall appoint the other members. (2) Appointment requirements.--In appointing the other members of the Task Force, the Attorney General shall include-- (A) representatives of Federal, State, and local agencies with an interest in the duties of the Task Force, including representatives of agencies with an interest in-- (i) immigration and naturalization; (ii) travel and tourism; (iii) transportation; (iv) trade; (v) law enforcement; (vi) national security; or (vii) the environment; and (B) private sector representatives of affected industries and groups. (3) Terms.--Each member shall be appointed for the life of the Task Force. Any vacancy shall be filled by the Attorney General. (4) Compensation.-- (A) In general.--Each member of the Task Force shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses.--The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Task Force. (c) Duties.--The Task Force shall evaluate the following: (1) How the Attorney General can efficiently and effectively carry out section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as amended by section 2 of this Act. (2) How the United States can improve the flow of traffic at airports, seaports, and land border ports of entry through-- (A) enhancing systems for data collection and data sharing, including the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as amended by section 2 of this Act, by better use of technology, resources, and personnel; (B) increasing cooperation between the public and private sectors; (C) increasing cooperation among Federal agencies and among Federal and State agencies; and (D) modifying information technology systems while taking into account the different data systems, infrastructure, and processing procedures of airports, seaports, and land border ports of entry. (3) The cost of implementing each of its recommendations. (d) Staff and Support Services.-- (1) In general.--The Attorney General 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 Task Force to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Task Force. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Attorney General may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (4) Procurement of temporary and intermittent services.-- The Attorney General may procure temporary and intermittent services for the Task Force under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (5) Administrative support services.--Upon the request of the Attorney General, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this section. (e) Hearings and Sessions.--The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (f) Obtaining Official Data.--The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Attorney General, the head of that department or agency shall furnish that information to the Task Force. (g) Reports.-- (1) Deadline.--Not later than December 31, 2002, and not later than December 31 of each year thereafter in which the Task Force is in existence, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate containing the findings, conclusions, and recommendations of the Task Force. Each report shall also measure and evaluate how much progress the Task Force has made, how much work remains, how long the remaining work will take to complete, and the cost of completing the remaining work. (2) Delegation.--The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing and transmitting any such report. (h) Legislative Recommendations.-- (1) In general.--The Attorney General shall make such legislative recommendations as the Attorney General deems appropriate-- (A) to implement the recommendations of the Task Force; and (B) to obtain authorization for the appropriation of funds, the expenditure of receipts, or the reprogramming of existing funds to implement such recommendations. (2) Delegation.--The Attorney General may delegate to the Commissioner, Immigration and Naturalization Service, the responsibility for preparing and transmitting any such legislative recommendations. (i) Termination.--The Task Force shall terminate on a date designated by the Attorney General as the date on which the work of the Task Force has been completed. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2001 through 2003. SEC. 4. SENSE OF CONGRESS REGARDING INTERNATIONAL BORDER MANAGEMENT COOPERATION. It is the sense of the Congress that the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, and the Secretary of the Treasury, should consult with affected foreign governments to improve border management cooperation.

Directs the Attorney General to determine which Department of Justice and other law enforcement personnel may have access to such data. Directs the Attorney General to establish a task force which shall evaluate specified program-related issues. Authorizes appropriations. Expresses the sense of Congress that the Attorney General, in consultation with the Secretaries of State, Commerce, and the Treasury, should consult with affected foreign governments to improve border management.

Immigration and Naturalization Service Data Management Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responding Equitably, Swiftly, Proportionally, and On-time to Natural Disasters Act of 2005''. SEC. 2. ENSURING DECLARATION. Section 101(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121(b)) is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting a semicolon; and (3) by inserting after paragraph (6) the following: ``(7) ensuring that Federal assistance is adequate and allows individuals to maintain a quality of life that is, to the extent possible and practicable, similar to that before a disaster without adversely affecting a State or local government's ability to provide the necessary services to its citizens; and ``(8) ensuring that minority and low-income individuals and households and those living in underserved communities receive the equitable technical, human, and financial assistance.''. SEC. 3. REIMBURSEMENT FOR DEBRIS REMOVAL IN PRIVATE COMMUNITIES. Section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173) is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following: ``(b) Reimbursement for Debris Removal on Private-Lands and Communities.-- ``(1) In general.--A State or local government shall be eligible for reimbursement under this title for debris removal on private lands if the State or local government maintains the roads utilized for access to such lands, provides public safety services, or provides individual and communal garbage removal services to the residents of such lands. ``(2) Special rule.--A State or local government shall be eligible for reimbursement under this title for debris removal on private lands in a community if failure to remove debris in that community places the lives, health, and safety of those living in the community at immediate risk. ``(3) Effective date.--This subsection shall apply to all presidential disaster declarations issued under this Act on or after August 11, 2004.''. SEC. 4. IMPROVING INDIVIDUAL AND HOUSEHOLD ASSISTANCE. (a) Eligibility for Assistance.--Section 408(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(a)) is amended by inserting after paragraph (2) the following: ``(3) Eligibility for assistance.--Under paragraph (1), an individual or household shall be eligible to apply for assistance provided under this section for a period of 18 months beginning on the date of declaration of the major disaster by the President. The President may extend such 18- month period with respect to a major disaster if the President determines that due to extraordinary circumstances with respect to that major disaster an extension would be in the public interest.''. (b) Increase in Individual and Household Assistance.--Section 408 of such Act is further amended-- (1) in subsection (c)(1)(A)(ii) by inserting ``plus 25 percent of that fair market rent'' after ``provided''; (2) in subsection (c)(2)(C) by striking ``$5,000'' and inserting ``$10,000''; (3) in subsection (c)(3)(B) by striking ``$10,000'' and inserting ``$20,000''; and (4) in subsection (h)(1) by striking ``$25,000'' and inserting ``$50,000''. SEC. 5. IMPROVING COORDINATION AND RESPONSE EFFORTS AT LOCAL EMERGENCY OPERATIONS CENTERS. Section 302(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5143(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); (2) by striking ``and'' at the end of paragraph (3); (3) by and inserting after paragraph (3) the following: ``(4) designate a local coordinating officer per affected county for the duration of a major disaster who is either an employee of the Federal Emergency Management Agency or has significant experience in administering Federal disaster assistance for the purpose of maintaining consistent Federal representation in the affected county and assisting in the coordination of State and local disaster assistance efforts with those of the Federal Government; and''. SEC. 6. USE OF FEDERAL EMPLOYEES IN DETERMINING AND ADMINISTERING FEDERAL DISASTER ASSISTANCE. (a) In General.--Section 307 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150) is amended-- (1) by inserting ``(a) In General'' before ``In the''; and (2) by adding at the end the following: ``(b) Special Rule.--Notwithstanding subsection (a), only employees of the Department of Homeland Security or any other appropriate Federal department or agency may allocate, distribute, or approve Federal financial assistance under this Act.''. (b) Report to Congress.-- (1) Preparation.--The Under Secretary of Homeland Security for Emergency Preparedness and Response shall prepare a report on the role and effectiveness of private organizations, firms, or individuals, in approving, coordinating and administering Federal emergency disaster assistance, including the results of any internal or external audits of private organizations, firms, or individuals on the administration of disaster assistance by these private organizations. (2) Deadline for transmittal.--The Under Secretary shall transmit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate not later than 180 days after the date of enactment of this Act. SEC. 7. DISASTER EXPERT PROGRAM. (a) Authorization of Program.--Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201-5205) is amended by adding at the end the following: ``SEC. 706. DISASTER EXPERT PROGRAM. ``(a) In General.--The Under Secretary of Homeland Security for Emergency Preparedness and Response shall establish and carry out a disaster expert grant program in accordance with this section. Grants under the program shall be made on a competitive basis. ``(b) Grant Purposes.--Under the grant program, grants may only be made-- ``(1) to establish and maintain a disaster strike force team consisting of emergency planners, public safety officers, administrators, and other State and local officials with first- hand experience and knowledge in the coordination and administration of Federal, State, and local emergency assistance that are capable of providing the Federal Emergency Management Agency with timely on-the-ground assistance in disaster areas; ``(2) to provide disaster response training for members of such team, including training through real life experience; and ``(3) to supplement the relief efforts of Federal, State, and local officials in disaster areas with State and local government disaster experts. ``(c) Grant Recipients.--Under the grant program, the Under Secretary may only make grants to units of local government and Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) that have first hand experience in coordinating, facilitating, and administering local and Federal disaster assistance and that are able to coordinate operations within a local emergency operations center between Federal, State, and local emergency coordinators. ``(d) Limitation.--Participation in the grant program shall not adversely affect the ability of a unit of local government or Indian tribe to conduct its normal day to day business and respond to any natural disaster or emergency within its own community. ``(e) Federal Share.--The Federal share of the cost of activities for which a grant is made under this section shall be 100 percent. ``(f) Administrative Expenses.--Not to exceed 5 percent of the amount of a grant under this section may be used to pay the administrative expenses of the grant recipient in carrying out the activities for which the grant is made.''. (b) Publishing of Regulations.--Not later than 120 days after the date of enactment of this Act, the Under Secretary of Homeland Security for Emergency Preparedness and Response shall issue regulations for the administering of the disaster expert grant program under section 706 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and publish those regulations in the Federal Register. (c) Authorization of Funds.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2006 through 2012. Such sums shall remain available until expended.

Responding Equitably, Swiftly, Proportionally, and On-time to Natural Disasters Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include among those methods by which Congress intends to provide Federal disaster assistance: (1) ensuring that assistance is adequate and allows individuals to maintain their pre-disaster quality of life; and (2) ensuring that minority and low-income individuals and households and those in underserved communities receive equitable assistance. Makes State and local governments eligible for Federal disaster assistance for debris removal on private lands, retroactive to August 11, 2004, if: (1) such governments provide specified services to such lands; or (2) failure to remove the debris places the lives, health, and safety of those living in the community at immediate risk. Makes individuals and households eligible to apply for Federal disaster assistance for a period of 18 months beginning on the date of declaration of a major disaster. Increases the amount of individual and household assistance. Directs the Federal Coordinating Officer appointed by the President in response to a major disaster to designate a local coordinating officer for each affected county. Requires: (1) Federal financial assistance for disaster relief and emergency assistance to be allocated, distributed, or approved only by employees of the Department of Homeland Security or other appropriate Federal agencies; and (2) preparation of a report (for submission to specified congressional committees) on the role and effectiveness of using private entities to deliver disaster assistance. Establishes a disaster expert grant program, to be fully funded by the Federal Government.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve Federal response to disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Election Rules and Technology Act''. SEC. 2. ESTABLISHMENT OF COMMISSION; MEMBERSHIP. (a) Establishment.--There is established the Federal Elections Review Commission (hereafter in this Act referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission shall be to study the nature and consequences of the Federal electoral process and make recommendations to ensure the integrity of, and public confidence in, Federal elections. (c) Membership.--The Commission shall be composed of 12 members, who shall be appointed as follows: (1) Three members shall be appointed by the President pro tempore of the Senate based on recommendations by the majority leader of the Senate. (2) Three members shall be appointed by the President pro tempore of the Senate based on recommendations of the minority leader of the Senate. (3) Three members shall be appointed by the Speaker of the House of Representatives. (4) Three members shall be appointed by the minority leader of the House of Representatives. (d) Qualifications of Members.--Members shall be appointed to the Commission from among individuals who-- (1) have expertise in Federal election laws, election and information technology, the United States Constitution, and the history of the United States, or other pertinent qualifications or experience; and (2) are not officers or employees of the United States. (e) Other Considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members-- (1) represent a broad cross section of regional and political perspectives in the United States; and (2) are individuals who will provide fresh insights to analyzing the Federal electoral process in order to maintain the integrity and accuracy of, and public confidence in, such process. (f) Period of Appointment; Vacancies.--(1) Members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. Appointments shall be for the life of the Commission. (2) Any vacancy in the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment. (g) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (h) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (i) Additional Meetings.--The Commission shall meet at the call of the chairperson. (j) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (k) Voting.--A vote of a member of the Commission with respect to the duties of the Commission shall have the same weight as the vote of any other member of the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall examine and report on the nature and consequences of the Federal electoral process, and shall include in its report recommendations to ensure the integrity of, and public confidence in, Federal elections. (b) Specific Issues To Be Addressed.--In conducting its examination and preparing its report under this Act, the Commission shall address (at a minimum) the following issues: (1) The current election technology used by States and local governments across the Nation, the current best practices of election technology, and the need for research and development regarding new election technologies. (2) The need for new practices and technologies to aid voters with disabilities. (3) Voter registration issues, including same-day registration, universal registration, the impact of the voter registration requirements of the National Voter Registration Act of 1993 (commonly known as the ``Motor Voter Act''), and the accuracy of voter registration rolls. (4) Ballot access issues, including the role of mail-in balloting in Federal elections, the distinction between mail-in and absentee balloting, the uniformity or lack of uniformity in the deadlines established for the receipt of such ballots, and the possibility of fraud associated with the use of such ballots. (5) The financial, training, and resource needs of State and local election agencies. (6) The feasibility and advisability of voting through the Internet. (7) The impact of polling place closing times (including an analysis of the feasibility and advisability of establishing a uniform national poll closing time for Presidential elections), the number and accessibility of polling places, and training of poll workers. (8) The impact of the physical ballot design, including the technology used to cast and count votes and the uniformity of such technology and a consideration of a uniform design standard, and the impact of the language used on ballots, including the need for simplicity of language and the feasibility and advisability of using foreign language. (9) The adequacy of the options available to voters and candidates to seek redress for electoral irregularities. SEC. 4. FINAL REPORT. (a) In General.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President, the Federal Election Commission, and the Congress a final report including-- (1) the findings and conclusions of the Commission; and (2) recommendations of the Commission for addressing the problems identified by its analysis. (b) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. SEC. 5. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission shall hold at least one hearing in the District of Columbia, and at least four hearings in other regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (b) Staff.--(1) The chairperson of the Commission may appoint staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code. (2) The employment of an executive director of the Commission shall be subject to the approval of the Commission. (3) The rate of pay for the executive director and other personnel of the Commission may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 7. SUPPORT SERVICES. The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 8. TERMINATION. The Commission shall terminate not later than the date that is 30 days after the date the Commission submits its final report under section 4. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,000,000 for the Commission to carry out this Act.

21st Century Election Rules and Technology Act - Establishes the Federal Elections Review Commission to study the nature and consequences of the Federal electoral process and make recommendations to the President, the Federal Election Commission, and Congress to ensure the integrity of, and public confidence in, Federal elections.

To establish the Federal Elections Review Commission to study the nature and consequences of the Federal electoral process and make recommendations to ensure the integrity of, and public confidence in, Federal elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earthquake Hazards Reduction Authorization Act of 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--Section 12(a) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is amended-- (1) by striking ``(1) General.--'' and all that follows through ``(7) There'' and inserting ``General.--There''; (2) by striking ``1998, and'' and inserting ``1998,''; and (3) by inserting ``, $19,800,000 for the fiscal year ending September 30, 2000, and $20,400,000 for the fiscal year ending September 30, 2001'' after ``September 30, 1999''. (b) United States Geological Survey.--(1) Section 12(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is amended-- (A) by inserting ``There are authorized to be appropriated to the Secretary of the Interior for purposes of carrying out, through the Director of the United States Geological Survey, the responsibilities that may be assigned to the Director under this Act $46,100,000 for fiscal year 2000, of which $3,500,000 shall be used for the Global Seismic Network and $100,000 shall be used for the Scientific Earthquake Studies Advisory Committee established under section 6 of the Earthquake Hazards Reduction Authorization Act of 1999; and $47,500,000 for fiscal year 2001, of which $3,600,000 shall be used for the Global Seismic Network and $100,000 shall be used for the Scientific Earthquake Studies Advisory Committee established under section 6 of the Earthquake Hazards Reduction Authorization Act of 1999.'' after ``operated by the Agency.''; (B) by striking ``and'' at the end of paragraph (1); (C) by striking the comma at the end of paragraph (2) and inserting a semicolon; and (D) by inserting after paragraph (2) the following new paragraphs: ``(3) $9,000,000 of the amount authorized to be appropriated for fiscal year 2000; and ``(4) $9,500,000 of the amount authorized to be appropriated for fiscal year 2001,''. (2) Section 2(a)(7) of the Act entitled ``An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes'' is amended by inserting ``, $1,600,000 for fiscal year 2000, and $1,650,000 for fiscal year 2001'' after ``1998 and 1999''. (c) National Science Foundation.--Section 12(c) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended-- (1) by striking ``1998, and'' and inserting ``1998,''; and (2) by striking the period at the end and inserting ``, and (5) $19,000,000 for engineering research and $10,900,000 for geosciences research for the fiscal year ending September 30, 2000. There are authorized to be appropriated to the National Science Foundation $19,600,000 for engineering research and $11,200,000 for geosciences research for fiscal year 2001.''. (d) National Institute of Standards and Technology.--Section 12(d) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is amended-- (1) by striking ``1998, and''; and inserting ``1998,''; and (2) by inserting ``, $2,200,000 for fiscal year 2000, and $2,265,000 for fiscal year 2001'' after ``September 30, 1999''. SEC. 3. REPEALS. Section 10 and subsections (e) and (f) of section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e) and (f)) are repealed. SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM. ``(a) Establishment.--The Director of the United States Geological Survey shall establish and operate an Advanced National Seismic Research and Monitoring System. The purpose of such system shall be to organize, modernize, standardize, and stabilize the national, regional, and urban seismic monitoring systems in the United States, including sensors, recorders, and data analysis centers, into a coordinated system that will measure and record the full range of frequencies and amplitudes exhibited by seismic waves, in order to enhance earthquake research and warning capabilities. ``(b) Management Plan.--Not later than 120 days after the date of the enactment of the Earthquake Hazards Reduction Authorization Act of 1999, the Director of the United States Geological Survey shall transmit to the Congress a 5-year management plan for establishing and operating the Advanced National Seismic Research and Monitoring System. The plan shall include annual cost estimates for both modernization and operation, milestones, standards, and performance goals, as well as plans for securing the participation of all existing networks in the Advanced National Seismic Research and Monitoring System and for establishing new, or enhancing existing, partnerships to leverage resources. ``(c) Authorization of Appropriations.-- ``(1) Expansion and modernization.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to establish the Advanced National Seismic Research and Monitoring System-- ``(A) $33,500,000 for fiscal year 2000; ``(B) $33,700,000 for fiscal year 2001; ``(C) $35,100,000 for fiscal year 2002; ``(D) $35,000,000 for fiscal year 2003; and ``(E) $33,500,000 for fiscal year 2004. ``(2) Operation.--In addition to amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be used by the Director of the United States Geological Survey to operate the Advanced National Seismic Research and Monitoring System-- ``(A) $4,500,000 for fiscal year 2000; and ``(B) $10,300,000 for fiscal year 2001.''. SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at the end the following new section: ``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. ``(a) Establishment.--The Director of the National Science Foundation shall establish a Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and their components and partial-scale physical models. The system shall be integrated through networking software so that integrated models and databases can be used to create model-based simulation, and the components of the system shall be interconnected with a computer network and allow for remote access, information sharing, and collaborative research. ``(b) Authorization of Appropriations.--In addition to amounts appropriated under section 12(c), there are authorized to be appropriated, out of funds otherwise authorized to be appropriated to the National Science Foundation, $7,700,000 for fiscal year 2000 for the Network for Earthquake Engineering Simulation. In addition to amounts appropriated under section 12(c), there are authorized to be appropriated to the National Science Foundation for the Network for Earthquake Engineering Simulation-- ``(1) $28,200,000 for fiscal year 2001; ``(2) $24,400,000 for fiscal year 2002; ``(3) $4,500,000 for fiscal year 2003; and ``(4) $17,000,000 for fiscal year 2004.''. SEC. 6. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE. (a) Establishment.--The Director of the United States Geological Survey shall establish a Scientific Earthquake Studies Advisory Committee. (b) Organization.--The Director shall establish procedures for selection of individuals not employed by the Federal Government who are qualified in the seismic sciences and other appropriate fields and may, pursuant to such procedures, select up to ten individuals, one of whom shall be designated Chairman, to serve on the Advisory Committee. Selection of individuals for the Advisory Committee shall be based solely on established records of distinguished service, and the Director shall ensure that a reasonable cross-section of views and expertise is represented. In selecting individuals to serve on the Advisory Committee, the Director shall seek and give due consideration to recommendations from the National Academy of Sciences, professional societies, and other appropriate organizations. (c) Meetings.--The Advisory Committee shall meet at such times and places as may be designated by the Chairman in consultation with the Director. (d) Duties.--The Advisory Committee shall advise the Director on matters relating to the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program, including the United States Geological Survey's roles, goals, and objectives within that Program, its capabilities and research needs, guidance on achieving major objectives, and establishing and measuring performance goals. The Advisory Committee shall issue an annual report to the Director for submission to Congress on or before September 30 of each year. The report shall describe the Advisory Committee's activities and address policy issues or matters that affect the United States Geological Survey's participation in the National Earthquake Hazards Reduction Program. SEC. 7. BUDGET COORDINATION. Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended-- (1) in subsection (b)(1)-- (A) by striking subparagraph (A) and redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; and (B) by moving subparagraph (E), as so redesignated by subparagraph (A) of this paragraph, so as to appear immediately after subparagraph (D), as so redesignated; and (2) by adding at the end the following new subsection: ``(c) Budget Coordination.-- ``(1) Guidance.--The Agency shall each year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program budget to be submitted to the Office of Management and Budget. ``(2) Reports.--Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that-- ``(A) identifies each element of the proposed Program activities of the agency; ``(B) specifies how each of these activities contributes to the Program; and ``(C) states the portion of its request for appropriations allocated to each element of the Program.''. SEC. 8. REPORT ON AT-RISK POPULATIONS. Not later than one year after the date of the enactment of this Act, and after a period for public comment, the Director of the Federal Emergency Management Agency shall transmit to the Congress a report describing the elements of the Program that specifically address the needs of at-risk populations, including the elderly, persons with disabilities, non-English-speaking families, single-parent households, and the poor. Such report shall also identify additional actions that could be taken to address those needs, and make recommendations for any additional legislative authority required to take such actions. SEC. 9. PUBLIC ACCESS TO EARTHQUAKE INFORMATION. Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and development of means of increasing public access to available locality- specific information that may assist the public in preparing for or responding to earthquakes'' after ``and the general public''. SEC. 10. LIFELINES. Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after ``communication facilities''. SEC. 11. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 12. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 13. PROHIBITION OF CONTRACTS. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. Passed the House of Representatives April 21, 1999. Attest: JEFF TRANDAHL, Clerk.

Earthquake Hazards Reduction Authorization Act of 1999 - Amends the Earthquake Hazards Reduction Act of 1977 to authorize appropriations to the Federal Emergency Management Agency (FEMA) for earthquake hazards reduction for FY 2000 and 2001. Authorizes appropriations for FY 2000 and 2001 to the Secretary of the Interior for carrying out, through the Director of the U.S. Geological Survey (USGS), responsibilities assigned under the Act, with specified amounts available for the Global Seismic Network and the Scientific Earthquake Studies Advisory Committee. Makes specified amounts available for FY 2000 and 2001 for a related USGS grant program. Authorizes additional appropriations for FY 2000 and 2001 for a USGS program to develop a prototype real-time seismic warning system. Authorizes appropriations under the Act for FY 2000 and 2001 for National Science Foundation (NSF) engineering and geosciences research and for the National Institute of Standards and Technology. Repeals a provision regarding non-Federal cost sharing for supplemental funds. Requires the USGS Director to: (1) establish an Advanced National Seismic Research and Monitoring System to modernize, standardize, and stabilize the national, regional, and urban seismic monitoring systems in the United States into a coordinated system; and (2) transmit a five-year management plan for the System to Congress. Authorizes appropriations. Requires the NSF Director to establish a Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and their components and partial-scale physical models. Authorizes appropriations. Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee. Requires the FEMA Director to report to Congress on elements of the earthquake hazards reduction program that specifically address the needs of at-risk populations, including the elderly, persons with disabilities, non-English-speaking families, single-parent households, and the poor. Requires such report to make recommendations for additional legislative authority required to address such needs. Sets forth Buy American requirements with respect to assistance expended by entities under this Act. Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products with such assistance. Makes persons who have labeled products not made in the United States as "Made in America" ineligible for contracts made with funds provided by this Act.

Earthquake Hazards Reduction Authorization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Specialty Crop Mechanization Prize Challenge of 2018''. SEC. 2. SPECIALTY CROP MECHANIZATION CHALLENGES. (a) Authority.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall establish a program to be known as ``Specialty Crop Mechanization Challenges'' for carrying out prize competitions described under subsection (c) pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) relating to the mechanization of specialty crop production. (b) Prize Committees.-- (1) In general.--The Secretary shall assemble a prize committee with respect to each prize competition that shall define the scope and detail of, and provide the requirements for, the prize competitions under this section. Such committee shall be composed of-- (A) representatives of the specialty crop industry, with at least a plurality of committee members from sectors of the specialty crop industry that are labor- intensive and lack adequate mechanization technology; (B) members from the Federal agency, department, or office that most appropriately corresponds with the topic of the prize competition; and (C) representatives of any other entities, as determined appropriate by the Secretary, including State and local governments and institutions of higher education. (2) Incentive for prize competition.--The prize committee for each prize competition shall determine the incentive for the prize competition. In determining the incentive, the committee shall consider-- (A) a cash prize; (B) access to Government facilities, a cooperative research and development agreement, or other method; and (C) any other incentive provided for by law. (3) Judging criteria.--The prize committee for each prize competition shall establish judging criteria for the competition that shall include, at a minimum-- (A) potential for the solution to become a commercial product or service to further the public good; (B) consideration of how likely the solution is to lead to subsequent research, development, or manufacturing in the United States; (C) the degree to which the solution will alleviate stresses on the agricultural workforce and allow them to work more efficiently; (D) the degree to which the solution will alleviate burdens on agricultural producers, shippers, and packers facing labor shortages; and (E) the degree to which the solution will reduce losses of fresh fruit and vegetables due to lack of available workers to manage and harvest crops. (4) Consideration.--In carrying out this section, the committee shall take into consideration the best practices provided for in the challenges and prizes toolkit made publicly available on December 15, 2016, by the General Services Administration. (c) Prize Competitions.--In carrying out the program, the Secretary shall provide for prize competitions, including at least one prize competition on each of the following: (1) Planting.--Solutions to automate or alleviate stresses on the workforce during the planting of specialty crops including, but not limited to, the planting of seeds, seedlings, and plants being transferred from nurseries or greenhouses to the field. (2) Crop management.--Solutions to automate or alleviate stresses on the workforce when conducting tasks associated with the management of specialty crops including, but not limited to, weeding, pest management, and the application of crop protectants. (3) Harvesting.--Solutions to automate or alleviate stresses on the workforce related to the harvesting of specialty crops. (4) Packaging.--Solutions to automate or alleviate stresses on the workforce when processing and preparing specialty crops for distribution. (d) Acceptance of Funds.--In addition to such sums as may be appropriated or otherwise made available to the Secretary to award prizes under this section, the Secretary may accept funds from other Federal agencies, private sector entities, institutions of higher education, and State and local governments to award prizes under this section. The Secretary may not give any special consideration relating to the selection of awards under the prize competition to any private sector entity or individual in return for a donation to the Secretary or prize committee. (e) Eligibility.--Notwithstanding section 24(g)(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(g)(3)), for a group to be eligible for an award under this section, at least one member of such group shall be a citizen or permanent resident of the United States. (f) Completion of Prize Competitions.--The prize competitions carried out under this section shall be completed not later than the date that is 5 years after the program is established under subsection (a). (g) GAO Report.--Not later than the date of completion under subsection (f), the Comptroller General of the United States shall submit to Congress a report on the impact and the effectiveness of the program carried out under this section. (h) Specialty Crop Defined.--In this section, the term ``specialty crop'' has the meaning given the term in section 3(1) of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note). (i) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 to carry out this Act, to remain available until expended.

Specialty Crop Mechanization Prize Challenge of 2018 This bill requires the Department of Agriculture (USDA) to establish a Specialty Crop Mechanization Challenges program to carry out prize competitions for the mechanization of specialty crop production. (Specialty crops are fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops, including floriculture.) The program must include at least one prize competition for solutions to automate or alleviate stresses on the workforce during each of the following: the planting of specialty crops, tasks associated with the management of specialty crops, the harvesting of specialty crops, and processing and preparing specialty crops for distribution. USDA must assemble prize committees to determine the scope, details, requirements, judging criteria, and incentives for each competition.

Specialty Crop Mechanization Prize Challenge of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Disaster Medical System Act''. SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS; NATIONAL DISASTER MEDICAL SYSTEM. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 102 of Public Law 106-505, is amended-- (1) by redesignating sections 319A through 319G as sections 319B through 319H, respectively; and (2) by inserting after section 319 the following section: ``office of emergency preparedness; national disaster medical system ``Sec. 319A. (a) Office of Emergency Preparedness.-- ``(1) In general.--There is established within the Office of Public Health and Science an Office to be known as the Office of Emergency Preparedness, which shall be headed by a director appointed by the Secretary. The Secretary shall carry out paragraph (2) acting through such Director. ``(2) General duties.--The Secretary shall coordinate the activities of the Department of Health and Human Services with respect to planning for and responding to public health emergencies that burden the response capacity of State and local governments sufficient to require the assistance of the Federal Government in responding to the emergencies, including as applicable diseases or disorders that present public health emergencies; natural disasters; major transportation accidents; technological disasters; and disasters resulting from terrorism. ``(b) National Disaster Medical System.-- ``(1) In general.--There shall be operated in accordance with this section a system to be known as the National Disaster Medical System (in this section referred to as the `National System'). The National System shall be headed by the Secretary acting through the Director of the Office of Emergency Preparedness. ``(2) Federal and state collaborative system.-- ``(A) In general.--The National System shall be a coordinated effort by the Federal agencies specified in subparagraph (B), working in collaboration with the States and other appropriate public or private entities, to carry out the purposes described in paragraph (3). ``(B) Participating federal agencies.--The Federal agencies referred to in subparagraph (A) are the Department of Health and Human Services, the Federal Emergency Management Agency, the Department of Defense, and the Department of Veterans Affairs. ``(3) Purpose of system.-- ``(A) In general.--The National System shall provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency declared by the Secretary under section 319, if the Secretary activates the System in declaring the emergency. The National System shall carry out such ongoing activities as may be necessary to prepare for the provision of such services. ``(B) Certain components.--The National System shall have the following components: ``(i) Direct medical care. ``(ii) Patient evacuation. ``(iii) Non-Federal hospital beds. ``(iv) Such other components as the Secretary determines to be appropriate. ``(c) Temporary Disaster-Response Personnel.-- ``(1) In general.--For the purpose of assisting the Office of Emergency Preparedness and the National System in carrying out duties under this section, the Secretary may in accordance with this subsection appoint individuals to serve as temporary personnel of such Office or System. The Secretary may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. ``(2) Type and duration of service.-- ``(A) Type.--An appointment under paragraph (1) shall be a temporary appointment or an appointment for intermittent services, and may not be considered to be for expert or consultant services within the meaning of section 3109 of title 5, United States Code. ``(B) Duration.--The term of service under a temporary appointment under paragraph (1) may not exceed four years. After the expiration of such a term of service, an individual may be reappointed. This subparagraph does not limit the number of reappointments of an individual, subject to each appointment being made in accordance with this subsection. ``(3) Travel and subsistence.--An individual appointed under paragraph (1) shall, in accordance with subchapter I of chapter 57 of title 5, United States Code, be eligible for travel, subsistence, and other necessary expenses incurred in carrying out the duties for which the individual was appointed, including per diem in lieu of subsistence. ``(4) Liability.--For purposes of section 224(a) and the remedies described in such section, an individual appointed under paragraph (1) shall, while acting within the scope of such appointment, be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions. Participation in training programs carried out by the Office of Emergency Preparedness or Federal personnel of the National System shall be considered within the scope of such an appointment (regardless of whether the individual receives compensation for such participation). ``(d) Criteria.-- ``(1) In general.--The Secretary shall by regulation establish criteria for the operation of the National System. ``(2) Education and training of personnel.--In carrying out paragraph (1), the Secretary shall establish criteria regarding the education and training of individuals who provide emergency services through the National System. In the case of positions in the System that involve significant supervisory roles when the System is activated pursuant to subsection (b)(3)(A), the criteria shall require that individuals in such positions have completed education or training programs that have been accredited by an entity recognized by the Secretary for purposes of this paragraph. ``(3) Participation agreements for non-federal entities.-- In carrying out paragraph (1), the Secretary shall establish criteria regarding the participation of States and private entities in the National System, including criteria regarding agreements for such participation. The criteria shall include the following: ``(A) Provisions relating to the custody and use of Federal personal property by such entities, which may in the discretion of the Secretary include authorizing the custody and use of such property on a reimbursable basis to respond to emergency situations that are not public health emergencies for which the National System has been activated pursuant to subsection (b)(3)(A). ``(B) Provisions relating to circumstances in which an individual or entity has agreements with both the National System and another entity regarding the provision of emergency services by the individual. Such provisions shall address the issue of priorities among the agreements involved. ``(e) Definition.--For purposes of this section, the term `auxiliary services' includes mortuary services and veterinary services. ``(f) Authorization of Appropriations.-- ``(1) In general.--For the purpose of providing for the Office of Emergency Preparedness and the National System, other than purposes for which amounts in the Public Health Emergency Fund under section 319 are available, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2005. ``(2) Coordination of funding.--The authorization of appropriations established in paragraph (1) for a fiscal year applies with respect to appropriations made from allocations under section 302(b) of the Congressional Budget Act of 1974 for the following subcommittees of the appropriations committees of the House of Representatives and the Senate: ``(A) The subcommittees relating to the Departments of Labor, Health and Human Services, and Education. ``(B) The subcommittees relating to the Departments of Veterans Affairs and Housing and Urban Development and to independent agencies. ``(C) The subcommittees relating to the Department of Defense. ``(3) Limitation on obligation of funds.--The obligation of amounts appropriated for the Office of Emergency Preparedness or the National System shall not be subject to any requirement that an operating plan be submitted to the House and Senate Committees on Appropriations.''. SEC. 3. CERTAIN EMPLOYMENT ISSUES REGARDING TEMPORARY APPOINTMENTS FOR OFFICE OF EMERGENCY PREPAREDNESS OR NATIONAL DISASTER MEDICAL SYSTEM. (a) Temporary Disaster-Response Appointee.--For purposes of this section, the term ``temporary disaster-response appointee'' means an individual appointed by the Secretary of Health and Human Services under section 319A(c) of the Public Health Service Act (relating to appointments to provide temporary or intermittent services in the Office of Emergency Preparedness or the National Disaster Medical System). (b) Compensation for Work Injuries.--To the extent provided in regulations promulgated by the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), a temporary disaster-response appointee shall be deemed an employee, and an injury sustained by such an individual while actually serving or while participating in a uncompensated training exercise related to such service shall be deemed `in the performance of duty', for purposes of chapter 81 of title 5, United States Code, pertaining to compensation for work injuries. (c) Employment and Reemployment Rights.-- (1) In general.--To the extent provided in regulations promulgated by the Secretary, service as a temporary disaster- response appointee and participation in a uncompensated training exercise related to such service shall be deemed `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, pertaining to employment and reemployment rights of individuals who have performed service in the uniformed services. (2) Notice of absence from position of employment.-- Preclusion of giving notice of service by disaster response necessity shall be deemed preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of disaster response necessity shall be made pursuant to regulations prescribed by the Secretary, in consultation with the Secretary of Defense, and shall not be subject to judicial review. (d) Inapplicability of Certain Provisions.--The following provisions shall not apply to temporary disaster-response appointees: (1) Subchapter V of chapter 55 of title 5, United States Code (governing premium pay). (2) Chapter 61 of such title 5 (governing hours of work). (3) Chapter 63 of such title 5 (governing leave). (4) Chapter 83 and 84 of such title 5 (governing retirement). (5) Chapter 85 of such title 5 (governing unemployment compensation). (6) The Fair Labor Standards Act of 1938. SEC. 4. STUDY REGARDING SUPPORT OF LOCAL EMERGENCY RESPONSE PERSONNEL. The Secretary of Health and Human Services, acting through the Director of the Office of Emergency Preparedness, shall conduct a study of best-practices methods to support the provision of emergency medical services through local governments (including through contractors and volunteers of such governments). Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report describing the findings of the study.

National Disaster Medical System Act - Amends the Public Health Service Act to establish within the Office of Public Health and Science an Office to be known as the Office of Emergency Preparedness. Directs the Secretary of Health and Human Services to coordinate the activities of the Department of Health and Human Services with respect to planning for and responding to public health emergencies that burden the response capacity of State and local governments sufficient to require the assistance of the Federal Government in responding to the emergencies.Establishes the National Medical Disaster System. Requires such system to be a coordinated effort by Federal agencies working in collaboration with States. Requires such system to provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a declared public health emergency.Provides for the appointment of temporary personnel for the purpose of assisting the Office of Emergency Preparedness and the National Medical Disaster System.

To amend the Public Health Service Act to provide for a National Disaster Medical System, and for other purposes.

PROCESSES TO BE AUTHORIZED IN ALL DISTRICT COURTS. Section 651 of title 28, United States Code, is amended to read as follows: ``Sec. 651. Authorization of alternative dispute resolution ``(a) Definition.--For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658. ``(b) Authority.--Each United States district court shall authorize, by local rule adopted under section 2071(a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654. Each United States district court shall devise and implement its own alternative dispute resolution program, by local rule adopted under section 2071(a), to encourage and promote the use of alternative dispute resolution in its district. ``(c) Existing Alternative Dispute Resolution Programs.--In those courts where an alternative dispute resolution program is in place on the date of the enactment of the Alternative Dispute Resolution Act of 1998, the court shall examine the effectiveness of that program and adopt such improvements to the program as are consistent with the provisions and purposes of this chapter. ``(d) Administration of Alternative Dispute Resolution Programs.-- Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and evaluate the court's alternative dispute resolution program. Such person may also be responsible for recruiting, screening, and training attorneys to serve as neutrals and arbitrators in the court's alternative dispute resolution program. ``(e) Title 9 Not Affected.--This chapter shall not affect title 9, United States Code. ``(f) Program Support.--The Federal Judicial Center and the Administrative Office of the United States Courts are authorized to assist the district courts in the establishment and improvement of alternative dispute resolution programs by identifying particular practices employed in successful programs and providing additional assistance as needed and appropriate.''. SEC. 4. JURISDICTION. Section 652 of title 28, United States Code, is amended to read as follows: ``Sec. 652. Jurisdiction ``(a) Consideration of Alternative Dispute Resolution in Appropriate Cases.--Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071(a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigation. Each district court shall provide litigants in all civil cases with at least one alternative dispute resolution process, including, but not limited to, mediation, early neutral evaluation, minitrial, and arbitration as authorized in sections 654 through 658. Any district court that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. ``(b) Actions Exempted From Consideration of Alternative Dispute Resolution.--Each district court may exempt from the requirements of this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriate. In defining these exemptions, each district court shall consult with members of the bar, including the United States Attorney for that district. ``(c) Authority of the Attorney General.--Nothing in this section shall alter or conflict with the authority of the Attorney General to conduct litigation on behalf of the United States, with the authority of any Federal agency authorized to conduct litigation in the United States courts, or with any delegation of litigation authority by the Attorney General. ``(d) Confidentiality Provisions.--Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071(a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications.''. SEC. 5. MEDIATORS AND NEUTRAL EVALUATORS. Section 653 of title 28, United States Code, is amended to read as follows: ``Sec. 653. Neutrals ``(a) Panel of Neutrals.--Each district court that authorizes the use of alternative dispute resolution processes shall adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Each district court shall promulgate its own procedures and criteria for the selection of neutrals on its panels. ``(b) Qualifications and Training.--Each person serving as a neutral in an alternative dispute resolution process should be qualified and trained to serve as a neutral in the appropriate alternative dispute resolution process. For this purpose, the district court may use, among others, magistrate judges who have been trained to serve as neutrals in alternative dispute resolution processes, professional neutrals from the private sector, and persons who have been trained to serve as neutrals in alternative dispute resolution processes. Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071(a) relating to the disqualification of neutrals (including, where appropriate, disqualification under section 455 of this title, other applicable law, and professional responsibility standards).''. SEC. 6. ACTIONS REFERRED TO ARBITRATION. Section 654 of title 28, United States Code, is amended to read as follows: ``Sec. 654. Arbitration ``(a) Referral of Actions to Arbitration.--Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where-- ``(1) the action is based on an alleged violation of a right secured by the Constitution of the United States; ``(2) jurisdiction is based in whole or in part on section 1343 of this title; or ``(3) the relief sought consists of money damages in an amount greater than $150,000. ``(b) Safeguards in Consent Cases.--Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a)-- ``(1) consent to arbitration is freely and knowingly obtained; and ``(2) no party or attorney is prejudiced for refusing to participate in arbitration. ``(c) Presumptions.--For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount. ``(d) Existing Programs.--Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section title IX of the Judicial Improvements and Access to Justice Act (Public Law 100-702), as amended by section 1 of Public Law 105-53.''. SEC. 7. ARBITRATORS. Section 655 of title 28, United States Code, is amended to read as follows: ``Sec. 655. Arbitrators ``(a) Powers of Arbitrators.--An arbitrator to whom an action is referred under section 654 shall have the power, within the judicial district of the district court which referred the action to arbitration-- ``(1) to conduct arbitration hearings; ``(2) to administer oaths and affirmations; and ``(3) to make awards. ``(b) Standards for Certification.--Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform services in accordance with such standards and this chapter. The standards shall include provisions requiring that any arbitrator-- ``(1) shall take the oath or affirmation described in section 453; and ``(2) shall be subject to the disqualification rules under section 455. ``(c) Immunity.--All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity.''. SEC. 8. SUBPOENAS. Section 656 of title 28, United States Code, is amended to read as follows: ``Sec. 656. Subpoenas ``Rule 45 of the Federal Rules of Civil Procedure (relating to subpoenas) applies to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing under this chapter.''. SEC. 9. ARBITRATION AWARD AND JUDGMENT. Section 657 of title 28, United States Code, is amended to read as follows: ``Sec. 657. Arbitration award and judgment ``(a) Filing and Effect of Arbitration Award.--An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration. Such award shall be entered as the judgment of the court after the time has expired for requesting a trial de novo. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment shall not be subject to review in any other court by appeal or otherwise. ``(b) Sealing of Arbitration Award.--The district court shall provide, by local rule adopted under section 2071(a), that the contents of any arbitration award made under this chapter shall not be made known to any judge who might be assigned to the case until the district court has entered final judgment in the action or the action has otherwise terminated. ``(c) Trial de Novo of Arbitration Awards.-- ``(1) Time for filing demand.--Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court. ``(2) Action restored to court docket.--Upon a demand for a trial de novo, the action shall be restored to the docket of the court and treated for all purposes as if it had not been referred to arbitration. ``(3) Exclusion of evidence of arbitration.--The court shall not admit at the trial de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award, or any other matter concerning the conduct of the arbitration proceeding, unless-- ``(A) the evidence would otherwise be admissible in the court under the Federal Rules of Evidence; or ``(B) the parties have otherwise stipulated.''. SEC. 10. COMPENSATION OF ARBITRATORS AND NEUTRALS. Section 658 of title 28, United States Code, is amended to read as follows: ``Sec. 658. Compensation of arbitrators and neutrals ``(a) Compensation.--The district court shall, subject to regulations approved by the Judicial Conference of the United States, establish the amount of compensation, if any, that each arbitrator or neutral shall receive for services rendered in each case under this chapter. ``(b) Transportation Allowances.--Under regulations prescribed by the Director of the Administrative Office of the United States Courts, a district court may reimburse arbitrators and other neutrals for actual transportation expenses necessarily incurred in the performance of duties under this chapter.''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out chapter 44 of title 28, United States Code, as amended by this Act. SEC. 12. CONFORMING AMENDMENTS. (a) Limitation on Money Damages.--Section 901 of the Judicial Improvements and Access to Justice Act (28 U.S.C. 652 note), is amended by striking subsection (c). (b) Other Conforming Amendments.--(1) The chapter heading for chapter 44 of title 28, United States Code, is amended to read as follows: ``CHAPTER 44--ALTERNATIVE DISPUTE RESOLUTION''. (2) The table of contents for chapter 44 of title 28, United States Code, is amended to read as follows: ``Sec. ``651. Authorization of alternative dispute resolution. ``652. Jurisdiction. ``653. Neutrals. ``654. Arbitration. ``655. Arbitrators. ``656. Subpoenas. ``657. Arbitration award and judgment. ``658. Compensation of arbitrators and neutrals.''. (3) The item relating to chapter 44 in the table of chapters for Part III of title 28, United States Code, is amended to read as follows: ``44. Alternative Dispute Resolution..............................651''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions. Directs each U.S. district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program. Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs. (Sec. 4) Directs each district court to: (1) require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation; and (2) provide litigants in all civil cases with at least one ADR process. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. Authorizes each court to exempt from requirements of this section cases in which arbitration would not be appropriate. Requires each court to provide for the confidentiality of ADR processes and to prohibit disclosure of confidential dispute resolution communications. (Sec. 5) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 6) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, when the parties consent, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration. (Sec. 7) Empowers ADR arbitrators to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Requires district courts to establish standards for arbitrator certification. Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 8) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing. (Sec. 9) Sets forth provisions regarding: (1) filing procedures and the effect of an arbitration award and judgment; (2) the sealing of such award until the court enters its final judgment or the action has otherwise terminated; and (3) filing deadlines, restoration to the court docket, and the exclusion of evidence of arbitration with respect to a trial de novo of arbitration awards. (Sec. 10) Directs the district court to establish the amount of compensation that each neutral shall receive for services rendered. (Sec. 11) Authorizes appropriations.

Alternative Dispute Resolution Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility for Individual Excellence in Education Act of 2007''. SEC. 2. MODIFICATION TO AMENDMENTS MADE BY NO CHILD LEFT BEHIND ACT OF 2001. (a) Modifications to Highly Qualified Teacher Standard.-- (1) Middle or secondary teachers new to profession may use college minor.--Subclause (II) of section 9101(23)(B)(ii) of the Elementary and Secondary School Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended by inserting ``or minor'' after ``academic major''. (2) Extent time teaching is considered.--Subclause (V) of section 9101(23)(C)(ii) of such Act (20 U.S.C. 7801(23)(C)(ii)) is amended by striking ``not be based primarily on'' and inserting ``not be based solely on''. (b) Extension Until 2011-12 School Year for Rural Schools To Meet All Highly Qualified Teacher Standards; Additional $50 Million Authorized To Help Rural Schools Meet Standards.-- (1) Extension.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following new paragraph: ``(4) Rural school districts.-- ``(A) In general.--Notwithstanding the deadline described in paragraphs (2) and (3), a plan developed by a State educational agency or a local educational agency under this subsection shall ensure that all teachers who are described in such paragraphs, but are teaching in a rural school district, are highly qualified not later than the end of the 2011-2012 school year. ``(B) Definition.--For purposes of this paragraph, the term `rural school district' means a local educational agency that-- ``(i) meets the eligibility criteria described in section 6211(b), including by obtaining a waiver under paragraph (2) of such section; and ``(ii) employs a percentage of teachers who are not highly qualified that is higher than the corresponding percentage for the State involved.''. (2) Additional funding.--Section 6234 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended-- (A) by striking ``There are'' and inserting ``(a) In General.--There are''; and (B) by adding at the end the following new subsection: ``(b) Additional Funding.--For the purpose of making grants under subpart 2 to be used for teacher recruitment, retention, and professional development activities described in section 6222(a) in rural school districts (as defined in section 1119(a)(4)), there are authorized to be appropriated $50,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 following fiscal years. Such authorization shall be in addition to the authorization in subsection (a).''. (c) Highly Qualified Teacher Rules Limited to Teachers of Core Subjects.-- (1) Title I of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following new section: ``SEC. 1005. HIGHLY QUALIFIED TEACHER CONCEPT LIMITED TO TEACHERS OF CORE SUBJECTS. ``Notwithstanding any other provision of this Act, any reference in this Act to highly qualified teachers shall be deemed to refer only to teachers in core subjects.''. (2) The table of contents of such Act is amended by inserting after the item relating to section 1004 the following new item: ``Sec. 1005. Highly qualified teacher concept limited to teachers of core subjects.''. (d) Students With Disabilities Assessed at the Level of Instruction in Compliance With Their Individualized Education Plan.--Clause (ix) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended by striking ``and'' at the end of subclause (II), by adding ``and'' at the end of subclause (III), and by adding at the end the following new subclause: ``(IV) at the discretion of the State, the assessment of students with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) whose instructional level in the core academic subjects is below the grade level in which the student is enrolled, by using the State assessment determined by the student's individualized education program team (as described in section 614(d)(1)(B) of such Act) to most closely correspond to the student's instructional level;''. (e) Use of Growth Models and Multiple Measures in Determining Adequate Yearly Progress.-- (1) Growth models.--Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and inserting ``for all students, as demonstrated by measures of students' progress toward proficiency, including longitudinal growth''. (2) Multiple measures.--Subparagraph (A) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``; and'', and by adding at the end the following new clause: ``(iv) include multiple measures of student academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time, disaggregated by each of the groups of students described in subparagraph (C)(v).''. (f) Adequate Yearly Progress Determined by Group and Subject.-- (1) Identification of schools in need of improvement.-- (A) Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by striking ``that fails'' and inserting ``if the same group of students described in section 1111(b)(2)(C)(v) fails in the same academic subject''. (B) Subparagraph (C) of such section is amended by striking ``almost every student in each group specified in section 1111(b)(2)(C)(v) enrolled in such school is meeting or exceeding the State's proficient level of academic achievement'' and inserting ``almost every student in each group enrolled in such school for which there is such a failure in an academic subject is meeting or exceeding the State's proficient level of academic achievement in such subject''. (2) Failure to make adequate yearly progress during first year after identification.--So much of the text of paragraph (5) of section 1116(b) of such Act as precedes subparagraph (A) is amended to read as follows: ``If, by the end of the first full school year after identification under paragraph (1) of a school served under this part, any group of students that met the requirements for such identification in an academic subject fails to make adequate yearly progress in such subject, as set out in the State's plan under section 1111(b)(2), the local educational agency serving such school--''. (3) Failure to make adequate yearly progress during second year after identification.--So much of the text of subparagraph (C) of section 1116(b)(7) of such Act as precedes clause (i) is amended to read as follows: ``If, by the end of the second full school year after identification under paragraph (1) of a school served under this part, any group of students that met the requirements for such identification in an academic subject fails to make adequate yearly progress in such subject, as set out in the State's plan under section 1111(b)(2), the local educational agency shall--''. (4) Failure to make adequate yearly progress during first year after corrective action.--So much of the text of subparagraph (A) of section 1116(b)(8) of such Act as precedes clause (i) is amended to read as follows: ``If, after 1 full year of corrective action under paragraph (7), any group of students (at the school subject to such corrective action) that met the requirements for identification under paragraph (1) in an academic subject continues to fail to make adequate yearly progress in such subject, then the local educational agency shall--''. (g) Needs Improvement Label To Be Group and Subject Specific.-- Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by adding at the end the following new sentence: ``Such identification shall apply only to each group and subject with respect to which there is such a failure.'' (h) Parental Notification of Needs Improvement To Be Group and Subject Specific.--Paragraph (6) of section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended by striking ``of each student enrolled in an elementary school or a secondary school identified for school improvement under paragraph (1)'' and inserting ``of each student in each group of students that met the requirements for identification in an academic subject under paragraph (1)''. (i) Transfer Option and Supplemental Services Limited to Students From Failing Groups.-- (1) Clause (i) of section 1116(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)) is amended by inserting ``in each group described in section 1111(b)(2)(C)(v) that met the requirements for such identification'' after ``all students''. (2) Paragraphs (5)(A), (7)(C)(i), and (8)(A)(i) of section 1116(b) of such Act are each amended by inserting ``in such group'' after ``all students''. (j) Local Educational Agencies May Choose To Offer Supplemental Educational Services, and Not Public School Choice, on Initial Failure To Make Adequate Yearly Progress.-- (1) In general.--Subparagraph (E) of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended to read as follows: ``(E) Public school choice or supplemental educational services.--In the case of a school identified for school improvement under this paragraph, the local educational agency shall, not later than the first day of the school year following such identification-- ``(i) provide all students in each group described in section 1111(b)(2)(C)(v) that met the requirements for such identification (and who are enrolled in the school) with the option to transfer to another public school served by the local educational agency, which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law, or ``(ii) make supplemental educational services available consistent with subsection (e)(1) to students in such group in the academic subject to which such identification relates. If more than 1 school served by such agency is identified for school improvement under this paragraph or more than 1 group of students meets the requirements for such identification, such agency shall make the same choice under clause (i) or (ii) for all such schools and all such groups.''. (2) Conforming amendment.--Paragraph (5) of section 1116(b) of such Act is amended to read as follows: ``(5) Failure to make adequate yearly progress after identification.--If, by the end of the first full school year after identification under paragraph (1) of a school served under this part, any group of students that met the requirements for such identification in an academic subject fails to make adequate yearly progress in such subject, as set out in the State's plan under section 1111(b)(2), the local educational agency serving such school-- ``(A) shall continue to provide the transfer option under clause (i) of paragraph (1)(E) or to make the supplemental educational services available under clause (ii) of such paragraph, whichever was chosen by such agency, ``(B) shall provide the transfer option under such clause (i) or to make the supplemental educational services available under such clause (ii), whichever was not chosen by such agency under such paragraph; and ``(C) shall continue to provide technical assistance.''.

Flexibility for Individual Excellence in Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to alter the requirement that teachers be highly qualified by: (1) applying it only to teachers of core subjects; (2) allowing new middle or secondary school teachers to teach subjects for which they earned a college minor; (3) allowing greater consideration to be given to the time experienced teachers have spent teaching a subject; and (4) extending the deadline for rural teachers to meet such requirements. Provides additional funding for rural teacher recruitment, retention, and professional development activities. Allows state determinations of students' adequate yearly progress (AYP) toward state academic performance standards to: (1) assess disabled students at the instructional level most closely corresponding to their individualized education plans; and (2) use growth models and multiple measures of student achievement. Requires local educational agencies (LEAs) to identify schools as needing improvement, corrective action, or restructuring only if they fail to make AYP in the same subject for the same group of students over the requisite period of time. Provides school transfers and supplemental services to students in the failing group, rather than to all students in an affected school. Gives LEAs the option of providing such students with supplemental services rather than transfers for the year following a school's identification as needing improvement.

To modify certain amendments made by the No Child Left Behind Act of 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highlands Stewardship Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) the Highlands region is a geographic area that encompasses more than 2,000,000 acres extending from eastern Pennsylvania through the States of New Jersey and New York to northwestern Connecticut; (2) the Highlands region is an environmentally unique and economically important area that-- (A) provides clean drinking water to over 11,000,000 people in metropolitan areas in the States of Connecticut, New Jersey, New York, and Pennsylvania; (B) provides critical wildlife habitat, including habitat for threatened and endangered species; (C) maintains an important historic connection to early Native American culture, colonial settlement, the American Revolution, and the Civil War; (D) contains-- (i) recreational resources; and (ii) cultural and multicultural landscapes relating to the development of commerce, transportation, the maritime industry, agriculture, and industry in the Highlands region; and (E) provides other significant ecological, natural, tourism, recreational, educational, and economic benefits; (3) an estimated 1 in 12 citizens of the United States live within a 2-hour drive of the Highlands region; (4) more than 1,000,000 residents live in the Highlands region; (5) the Highlands region forms a greenbelt adjacent to the Philadelphia-New York City-Hartford urban corridor that offers the opportunity to preserve natural and agricultural resources, open spaces, recreational areas, and historic sites, while encouraging sustainable economic growth and development in a fiscally and environmentally sound manner; (6) continued population growth and land use patterns in the Highlands region-- (A) reduce the availability and quality of water; (B) reduce air quality; (C) fragment the forests; (D) destroy critical migration corridors and forest habitat; and (E) result in the loss of recreational opportunities and scenic, historic, and cultural resources; (7) the natural, agricultural, and cultural resources of the Highlands region, in combination with the proximity of the Highlands region to the largest metropolitan areas in the United States, make the Highlands region nationally significant; (8) the national significance of the Highlands region has been documented in-- (A) the Highlands Regional Study conducted by the Forest Service in 1990; (B) the New York-New Jersey Highlands Regional Assessment Update conducted by the Forest Service in 2001; (C) the bi-State Skylands Greenway Task Force Report; (D) the New Jersey State Development and Redevelopment Plan; (E) the New York State Open Space Conservation Plan; (F) the Connecticut Green Plan: Open Space Acquisition FY 2001-2006; (G) the open space plans of the State of Pennsylvania; and (H) other open space conservation plans for States in the Highlands region; (9) the Highlands region includes or is adjacent to numerous parcels of land owned by the Federal Government or federally designated areas that protect, conserve, restore, promote, or interpret resources of the Highlands region, including-- (A) the Wallkill River National Wildlife Refuge; (B) the Shawanagunk Grasslands Wildlife Refuge; (C) the Morristown National Historical Park; (D) the Delaware and Lehigh Canal Corridors; (E) the Hudson River Valley National Heritage Area; (F) the Delaware River Basin; (G) the Delaware Water Gap National Recreation Area; (H) the Upper Delaware Scenic and Recreational River; (I) the Appalachian National Scenic Trail; and (J) the United States Military Academy at West Point, New York; (10) it is in the interest of the United States to protect, conserve, restore, promote, and interpret the resources of the Highlands region for the residents of, and visitors to, the Highlands region; (11) the States of Connecticut, New Jersey, New York, and Pennsylvania, regional entities, and units of local government in the Highlands region have the primary responsibility for protecting, conserving, preserving, and promoting the resources of the Highlands region; and (12) because of the longstanding Federal practice of assisting States in creating, protecting, conserving, preserving, and interpreting areas of significant natural, economic, and cultural importance, and the national significance of the Highlands region, the Federal Government should, in partnership with the Highlands States, regional entities, and units of local government in the Highlands region, protect, restore, promote, preserve, and interpret the natural, agricultural, historical, cultural, and economic resources of the Highlands region. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to recognize the importance of the natural resources and the heritage, history, economy, and national significance of the Highlands region to the United States; (2) to assist the Highlands States, regional entities, and units of local government, public and private entities, and individuals in protecting, restoring, preserving, interpreting, and promoting the natural, agricultural, historical, cultural, recreational, and economic resources of the Highlands Stewardship Area; (3) to authorize the Secretary of Agriculture and the Secretary of the Interior to provide financial and technical assistance for the protection, conservation, preservation, and sustainable management of forests, land, and water in the Highlands region, including assistance for-- (A) voluntary programs to promote and support private landowners in carrying out forest land and open space retention and sustainable management practices; and (B) forest-based economic development projects that support sustainable management and retention of forest land in the Highlands region; (4) to provide financial and technical assistance to the Highlands States, regional entities, and units of local government, and public and private entities for planning and carrying out conservation, education, and recreational programs and sustainable economic projects in the Highlands region; and (5) to coordinate with and assist the management entities of the Hudson River Valley National Heritage Area, the Wallkill National Refuge Area, the Morristown National Historic Area, and other federally designated areas in the region in carrying out any duties relating to the Highlands region. SEC. 4. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means any agricultural producer, regional entity, unit of local government, public entity, private entity, or other private landowner in the Stewardship Area. (2) Highlands region.--The term ``Highlands region'' means the region that encompasses nearly 2,000,000 acres extending from eastern Pennsylvania through the States of New Jersey and New York to northwestern Connecticut. (3) Highlands state.--The term ``Highlands State'' means-- (A) the State of Connecticut; (B) the State of New Jersey; (C) the State of New York; and (D) the State of Pennsylvania. (4) Land conservation partnership project.--The term ``land conservation partnership project'' means a project in which a non-Federal entity acquires land or an interest in land from a willing seller for the purpose of protecting, conserving, or preserving the natural, forest, agricultural, recreational, historical, or cultural resources of the Stewardship Area. (5) Office.--The term ``Office'' means the Office of Highlands Stewardship established under section 6(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) Stewardship area.--The term ``Stewardship Area'' means the Highlands Stewardship Area established under section 5(a). (8) Study.--The term ``study'' means the Highlands Regional Study conducted by the Forest Service in 1990. (9) Update.--The term ``update'' means the New York-New Jersey Highlands Regional Assessment Update conducted by the Forest Service in 2001. (10) Work group.--The term ``Work Group'' means the Highlands Stewardship Area Work Group established under section 6(c). SEC. 5. ESTABLISHMENT OF HIGHLANDS STEWARDSHIP AREA. (a) Establishment.--The Secretary and the Secretary of the Interior, shall establish the Highlands Stewardship Area in the Highlands region. (b) Consultation and Resource Analyses.--In establishing the Stewardship Area, the Secretary and the Secretary of the Interior shall-- (1) consult with appropriate officials of the Federal Government, Highlands States, regional entities, and units of local government; and (2) utilize the study, the update, and relevant State resource analyses. (c) Map.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Interior shall prepare a map depicting the Stewardship Area. (2) Availability.--The map shall be on file and available for public inspection at the appropriate offices of the Secretary and the Secretary of the Interior. SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP. (a) Establishment.--The Secretary, in consultation with the Under Secretary of Agriculture for Natural Resources and Environment, the Chief of the Natural Resources Conservation Service, the Administrator of the Farm Service Agency, the Chief of the Forest Service, and the Under Secretary for Rural Development, shall establish within the Department of Agriculture the Office of Highlands Stewardship. (b) Duties.--The Office shall implement in the Stewardship Area-- (1) the strategies of the study and update; and (2) in consultation with the Highlands States, other studies consistent with the purposes of this Act. (c) Highlands Stewardship Area Work Group.-- (1) Establishment.--The Secretary shall establish an advisory committee to be known as the ``Highlands Stewardship Area Work Group'' to assist the Office in implementing the strategies of the studies and update referred to in subsection (b). (2) Membership.--The Work Group shall be comprised of members that represent various public and private interests throughout the Stewardship Area, including private landowners and representatives of private conservation groups, academic institutions, local governments, and economic interests, to be appointed by the Secretary, in consultation with the Governors of the Highlands States. (3) Duties.--The Work Group shall advise the Office, the Secretary, and the Secretary of the Interior on priorities for-- (A) projects carried out with financial or technical assistance under this section; (B) land conservation partnership projects carried out under section 7; (C) research relating to the Highlands region; and (D) policy and educational initiatives necessary to implement the findings of the study and update. (d) Financial and Technical Assistance.-- (1) In general.--The Office may provide financial and technical assistance to an eligible entity to carry out a project to protect, restore, preserve, promote, or interpret the natural, agricultural, historical, cultural, recreational, or economic resources of the Stewardship Area. (2) Priority.--In determining the priority for financial and technical assistance under paragraph (1), the Office shall consider the recommendations of the study and update. (3) Conditions.-- (A) In general.--The provision of financial assistance under this subsection shall be subject to the condition that the eligible entity enter into an agreement with the Office that provides that if the eligible entity converts, uses, or disposes of the project for a purpose inconsistent with the purpose for which the financial assistance was provided, as determined by the Office, the United States shall be entitled to reimbursement from the eligible entity in an amount that is, as determined at the time of conversion, use, or disposal, the greater of-- (i) the total amount of the financial assistance provided for the project by the Federal Government under this section; or (ii) the amount by which the financial assistance has increased the value of the land on which the project is carried out. (B) Cost-sharing requirement.--The Federal share of the cost of carrying out a project under this subsection shall not exceed 50 percent of the total cost of the project. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $7,000,000 for each of fiscal years 2004 through 2010, to remain available until expended. SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS. (a) In General.--The Secretary of the Interior, in consultation with the Secretary, the Office, and the Governors of the Highlands States, shall annually designate land conservation partnership projects that are eligible to receive financial assistance under this section. (b) Conditions.-- (1) In general.--To be eligible for financial assistance under subsection (a), a non-Federal entity shall enter into an agreement with the Secretary of the Interior that-- (A) identifies-- (i) the non-Federal entity that will own or hold the land or interest in land; and (ii) the source of funds to provide the non-Federal share under paragraph (2); (B) provides that if the non-Federal entity converts, uses, or disposes of the project for a purpose inconsistent with the purpose for which the assistance was provided, as determined by the Secretary of the Interior, the United States shall be entitled to reimbursement from the non-Federal entity in an amount that is, as determined at the time of conversion, use, or disposal, the greater of-- (i) the total amount of the financial assistance provided for the project by the Federal Government under this section; or (ii) the amount by which the financial assistance increased the value of the land or interest in land; and (C) provides that use of the financial assistance will be consistent with-- (i) the open space plan or other plan of the Highlands State in which the land conservation partnership project is being carried out; and (ii) the findings and recommendations of the study and update. (2) Cost-sharing requirement.--The Federal share of the cost of carrying out a land conservation partnership project under this subsection shall not exceed 50 percent of the total cost of the land conservation partnership project. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of the Interior from the Treasury or the Land and Water Conservation Fund to carry out this section $25,000,000 for each of fiscal years 2004 through 2013, to remain available until expended. (2) Use of land and water conservation fund.-- Appropriations from the Land and Water Conservation Fund under paragraph (1) shall be considered to be for Federal purposes under section 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-7).

Highlands Stewardship Act of 2002 - Directs the Secretaries of Agriculture and the Interior to establish the Highlands Stewardship Area in the Highlands region (an area encompassing nearly 2,000,000 acres extending from eastern Pennsylvania through New Jersey and New York to northwestern Connecticut).Directs the Secretary of Agriculture to establish: (1) within the Department of Agriculture the Office of Highlands Stewardship to implement the strategies of the Highlands Regional Study conducted by the Forest Service in 1990 (study) and the New York-New Jersey Highlands Regional Assessment Update conducted by the Service in 2001 (update); and (2) the Highlands Stewardship Area Work Group to assist with such implementation and to advise the Office and the Secretaries on priorities for projects carried out with assistance under this Act, on land conservation partnership projects, on Highlands region research, and on policy and educational initiatives necessary to implement study and update findings. Authorizes the Office to provide financial and technical assistance to an eligible entity to carry out a project to protect, restore, preserve, promote, or interpret Area resources.Directs the Secretary of the Interior to annually designate land conservation partnership projects that are eligible to receive financial assistance under this Act.

A bill to establish the Highlands Stewardship Area in the States of Connecticut, New Jersey, New York, and Pennsylvania, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Business Training Centers Act of 1996''. SEC. 2. WOMEN'S BUSINESS TRAINING CENTERS. Section 29 of the Small Business Act (15 U.S.C. 656) is amended to read as follows: ``Sec. 29. (a) The Administration may provide financial assistance to private organizations to conduct five-year projects for the benefit of small business concerns owned and controlled by women. The projects shall provide-- ``(1) financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, preparing and presenting financial statements, and managing cashflow and other financial operations of a business concern; ``(2) management assistance, including training and counseling in how to plan, organize, staff, direct and control each major activity and function of a small business concern; and ``(3) marketing assistance, including training and counseling in identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and utilizing varying public relations and advertising techniques. ``(b)(1) As a condition of receiving financial assistance authorized by this section, the recipient organization shall agree to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources as follows: ``(A) in the first and second years, 1 non-Federal dollar for each 2 Federal dollars; ``(B) in the third year, 1 non-Federal dollar for each Federal dollar; and ``(C) in the fourth and fifth years, 2 non-Federal dollars for each Federal dollar. ``(2) Up to one-half of the non-Federal sector matching assistance may be in the form of in-kind contributions which are budget line items only, including but not limited to office equipment and office space. ``(3) The financial assistance authorized pursuant to this section may be made by grant, contract, or cooperative agreement and may contain such provision, as necessary, to provide for payments in lump sum or installments, and in advance or by way of reimbursement. The Administration may disburse up to 25 percent of each year's Federal share awarded to a recipient organization after notice of the award has been issued and before the non-Federal sector matching funds are obtained. ``(4) If any recipient of assistance fails to obtain the required non-Federal contribution during any project, it shall not be eligible thereafter for advance disbursements pursuant to paragraph (3) during the reminder of that project, or for any other project for which it is or may be funded. In addition, prior to approving assistance to such organization for any other projects, the Administration shall specifically determine whether the Administration believes that the recipient will be able to obtain the requisite non-Federal funding and enter a written finding setting forth the reasons for making such determination. ``(c) Each applicant organization initially shall submit a five- year plan on proposed fundraising and training activities, and a recipient organization may receive financial assistance under this program for a maximum of five years per site. The Administration shall evaluate and rank applicants in accordance with predetermined selection criteria that shall be stated in terms of relative importance. Such criteria and their relative importance shall be made publicly available and stated in each solicitation for applications made by the Administration. The criteria shall include-- ``(1) the experience of the applicant in conducting programs or on-going efforts designed to impart or upgrade the business skills of women business owners or potential owners; ``(2) the present ability of the applicant to commence a project within a minimum amount of time; and ``(3) the ability of the applicant to provide training and services to a representative number of women who are both socially and economically disadvantaged. ``(d) For the purposes of this section, the term small business concern, either `start-up' or existing, owned and controlled by women includes any small business concern-- ``(1) which is at least 51 percent owned by one or more women; and ``(2) the management and daily business operations are controlled by one or more women. ``(e) There are authorized to be appropriated $8,000,000 per year to carry out the projects authorized by this section. Notwithstanding any other provision of law, the Administration may use such expedited acquisition methods as it deems appropriate to achieve the purposes of this section, except that it shall ensure that all eligible sources are provided a reasonable opportunity to submit proposals. ``(f) The Administration shall prepare and transmit a biennial report to the Committees on Small Business of the Senate and House of Representatives on the effectiveness of all projects conducted under the authority of this section. Such report shall provide information concerning-- ``(1) the number of individuals receiving assistance; ``(2) the number of start-up business concerns formed; ``(3) the gross receipts of assisted concerns; ``(4) increases or decreases in profits of assisted concerns; and ``(5) the employment increases or decreases of assisted concerns. ``(g) Office of Women's Business Ownership.--There is hereby established within the Administration an Office of Women's Business Ownership, which shall be responsible for the administration of the Administration's programs for the development of women's business enterprises, as such term is defined in section 408 of the Women's Business Ownership Act of 1988. The Office of Women's Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator.''.

Women's Business Training Centers Act of 1996 - Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); and (5) increase the annual authorization of appropriations for such projects.

Women's Business Training Centers Act of 1996

SECTION 1. SAFE SCHOOLS. (a) Amendments.--Part F of title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended to read as follows: ``PART F--ILLEGAL DRUG AND GUN POSSESSION ``SEC. 14601. DRUG-FREE AND GUN-FREE REQUIREMENTS. ``(a) Short Title.--This section may be cited as the `Safe Schools Act of 1997'. ``(b) Requirements.-- ``(1) In general.--Each State receiving Federal funds under this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined-- ``(A) to be in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, a local educational agency in that State; or ``(B) to have brought a weapon to a school under the jurisdiction of a local educational agency in that State, except that such State law shall allow the chief administering officer of such local educational agency to modify such expulsion requirement for a student on a case-by-case basis. ``(2) Construction.--Nothing in this title shall be construed to prevent a State from allowing a local educational agency that has expelled a student from such a student's regular school setting from providing educational services to such student in an alternative setting. ``(3) Definition.--For the purpose of this section, the term `weapon' means a firearm as such term is defined in section 921(a) of title 18, United States Code. ``(c) Special Rule.--The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(d) Report to State.--Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under this Act shall provide to the State, in the application requesting such assistance-- ``(1) an assurance that such local educational agency is in compliance with the State law required by subsection (b); and ``(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection (b), including-- ``(A) the name of the school concerned; ``(B) the number of students expelled from such school; and ``(C) the type of illegal drugs, illegal drug paraphernalia, or weapons concerned. ``(e) Reporting.--Each State shall report the information described in subsection (d) to the Secretary on an annual basis. ``(f) Report to Congress.--Two years after the date of enactment of the Safe Schools Act of 1997, the Secretary shall report to Congress with respect to any State that is not in compliance with the requirements of this part. ``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL. ``(a) In General.--No funds shall be made available under this Act to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who is in possession of an illegal drug, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, such agency, or who brings a firearm or weapon to a school served by such agency. ``(b) Definitions.--For the purpose of this section, the terms `firearm' and `school' have the same meaning given to such terms by section 921(a) of title 18, United States Code. ``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA. ``The Secretary shall-- ``(1) widely disseminate the policy of the Department in effect on the date of enactment of the Safe Schools Act of 1997 with respect to disciplining children with disabilities; ``(2) collect data on the incidence of children with disabilities (as such term is defined in section 602(a)(1) of the Individuals With Disabilities Education Act (20 U.S.C. 1401(a)(1))) possessing illegal drugs, or illegal drug paraphernalia, on school property under the jurisdiction of, or on a vehicle operated by an employee or agent of, a local educational agency, engaging in life threatening behavior at school, or bringing weapons to schools; and ``(3) submit a report to Congress not later than 1 year after the date of enactment of the Safe Schools Act of 1997 analyzing the strengths and problems with the current approaches regarding disciplining children with disabilities. ``SEC. 14604. DEFINITIONS. ``In this part: ``(1) Illegal drug.-- ``(A) In general.--The term `illegal drug' means a controlled substance, as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), the possession of which is unlawful under such Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.). ``(B) Exclusion.--The term `illegal drug' does not mean a controlled substance used pursuant to a valid prescription or as authorized by law. ``(2) Illegal drug paraphernalia.--The term `illegal drug paraphernalia' means drug paraphernalia, as defined in section 422 of the Controlled Substances Act (21 U.S.C. 863), except that the first sentence of section 422(d) of such Act shall be applied by inserting `or under the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.)' before the period.''. (b) Effective Date.--This Act and the amendments made by this Act take effect 6 months after the date of enactment of this Act.

Safe Schools Act of 1997 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency that receives ESEA funds to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia (or, as under current law, in possession of a gun) on school property. Renames the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1997.

Safe Schools Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovations for our Nation's Vital Educational Needs for Technology Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Invention, the wellspring of innovation, is the basic source of the economic wellbeing and quality of life enjoyed in the developed world today. (2) There have been enormous differences in the capabilities of different societies to invent, to carry the inventions into practice, and to adopt the inventions of other societies, and maintaining those capabilities will be key for the future wellbeing of the United States. (3) Federal support of individual investigators doing basic research has been effective in leading to scientific discovery, but less effective in enabling those investigators to turn those discoveries into invention. (4) The process of invention and the traits of the inventive mind can be enhanced by education and fostered by appropriate societal support. (5) In formal education, every student deserves the opportunity to learn more about the nature of invention and to acquire some simple basic skills and generative attitudes. SEC. 3. INVENTIVENESS CURRICULUM MATERIALS. (a) Establishment of Program.--The National Science Foundation shall establish a competitive grant program, with the goal of developing, and making available for use at the elementary, secondary, and undergraduate levels within 2 years after the date of enactment of this Act, curriculum tools that will help foster inventiveness. (b) Materials.--The curriculum materials developed under the program established under this section shall-- (1) leverage existing knowledge on how the inventive mind works on behalf of a more inventive society to address key challenges of today's world, through-- (A) emphasizing adventure, excitement, and mystery as much as the analytical and technical side of invention; (B) encouraging inventive thinking that crosses boundaries of convention, expectation, and disciplines; and (C) anticipating that there will be unanticipated consequences of invention, an enduring lesson from history; (2) strengthen those aspects of the education process that enhance creativity in general, and technological inventiveness in particular, including-- (A) open-ended, problem solving assignments; (B) historical study of the social and political implications of inventions and new technologies; (C) universities seeking research projects and external collaborations, and policies that promote inventive creativity of students and faculty; (D) appropriate supporting infrastructure, which should be fostered to enable teachers to utilize new teaching methods and materials; and (E) hands-on activities, visual thinking experiences, historical case studies, and ``how things work'' exercises for all students, not just engineering or science majors; and (3) initiate, strengthen, and expand initiatives to involve young people directly in the invention process, including-- (A) efforts to support teams in high schools and colleges that work collaboratively with the private or local government sectors to invent useful products or processes; (B) realistic, open-ended, design-oriented activities, which can be included in university engineering courses, with the primary goal of teaching the important principles of a field in ways that will promote inventive creativity in the application of these principles; (C) a network of community centers, ``invention homes'', or ``free workshops'' that would provide access to the tools, materials, and flexible space so important to invention, to be based in schools, museums, or other locations; (D) workshops that would allow teachers to learn by experience how to effectively lead a project-based classroom; and (E) networks of innovators and social entrepreneurs both domestically and internationally. (c) Dissemination.--The National Science Foundation shall develop and implement measures, including workshops, for the dissemination of curriculum tools developed under this section. SEC. 4. INVENTIVENESS PUBLIC AWARENESS CAMPAIGN. Not later than 1 year after the date of enactment of this Act, the National Science Foundation shall implement a public awareness and outreach campaign relating to invention and inventiveness. The public awareness and outreach campaign shall-- (1) foster public events, including competitions, public displays, traveling exhibitions, and other ways to increase the public profile of inventors and inventiveness; and (2) establish additional awards and prizes honoring inventors, with the objective of stimulating invention in areas of greatest need, as well as of raising the stature of inventors and invention in the eyes of young people. SEC. 5. ENGINEERING AND SOCIAL SCIENCE RESEARCH PROGRAM ON INVENTION. The National Science Foundation shall establish engineering and social science research programs on the process of invention and the teaching of inventiveness. The research programs shall-- (1) be aimed at a deeper understanding of the creative mind and creative environment, the measurement of inventiveness, diffusion of teaching of inventive creativity, and rapid learning as part of the crossing of boundaries of convention, expectation, and disciplines that is at the heart of invention; (2) include study of the influence of flexible learning environments and role of parents, teachers, mentors, and broader social institutions; (3) study the impact on inventive creativity of past major programs of Federal and State support for elementary, secondary, and higher education; (4) identify the major societal sectors that have had significant effects on major inventions and innovations of the recent past, and study the role of each such sector, the importance of intersector interactions, and the impact of patent and other relevant law; and (5) assess how invention could make a difference to the sustainable development needs of the poorest regions and nations, including research to understand and promote social enterprise, cultivation of creativity on a local level, surveys of key technology gaps, and surveys of available financial resources.

Innovations for our Nation's Vital Educational Needs for Technology Act - Directs the National Science Foundation (NSF) to: (1) establish a competitive grant program, with the goal of developing, and making available for use at the elementary, secondary, and undergraduate levels within two years after enactment of this Act, curriculum tools that will help foster inventiveness; and (2) develop and implement measures for the dissemination of such curriculum tools. Directs the NSF to: (1) implement a public awareness and outreach campaign relating to invention and inventiveness; and (2) establish engineering and social science research programs on the process of invention and the teaching of inventiveness.

To provide for the establishment at the National Science Foundation of a program to promote and assist the teaching of inventiveness and innovation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Growth in Manufacturing Act of 2014''. SEC. 2. CREDIT FOR ON-THE-JOB TRAINING. (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. ON-THE-JOB TRAINING CREDIT. ``(a) In General.--For the purposes of section 38, in the case of a small business employer, the job training credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified training expenses paid or incurred by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any eligible trainee shall not exceed the excess (if any) of $5,000 over the aggregate credit allowed to such taxpayer under this section with respect to such eligible trainee for all prior taxable years. ``(2) 3-year limitation on expenses per trainee.--Qualified training expenses may be taken into account under this section with respect to any eligible trainee only during the 3-year period beginning on the date that such expenses were first incurred by the taxpayer with respect to such trainee. ``(c) Small Business Employer.--For purposes of this section-- ``(1) In general.--The term `small business employer' means any employer if such employer employed an average of 500 or fewer employees on business days during the most recent calendar year ending before the beginning of the taxable year. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the calendar year otherwise taken into account under paragraph (1), the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified training expenses.--The term `qualified training expenses' means amounts paid or incurred to an unrelated party for-- ``(A) the purchase or use of instructional materials and equipment used exclusively for the training of eligible trainees, ``(B) the use of classroom or other space so used, and ``(C) teachers, trainers, and consultants engaged in carrying out such training program. ``(2) Eligible trainee.--The term `eligible trainee' means any employee of the taxpayer who performs services for the employer for at least 30 hours per week while receiving the training for which the qualified training expenses are incurred. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed for that portion of the qualified training expenses (otherwise allowable as a deduction for the taxable year) which is equal to the amount of the credit determined for such taxable year under this section. ``(2) Aggregation.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person. ``(f) Election To Have Credit Not Apply.--A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 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) in the case of a small business employer (as defined in section 45S(c)), the job training credit determined under section 45S(a).''. (c) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (vii), (viii), and (ix) as clauses (viii), (ix), and (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (d) Technical Amendment.--Section 6501(m) of such Code is amended by inserting ``45S(e),'' after ``45H(g),''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. On-the-job training credit.''. (f) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. (2) Minimum tax.--The amendment made by subsection (c) shall apply to credits determined under section 45S of the Internal Revenue Code of 1986 in taxable years ending after the date of the enactment of this Act, and to carrybacks of such credits. SEC. 3. RESEARCH CREDIT MADE PERMANENT; INCREASE IN ALTERNATIVE SIMPLIFIED RESEARCH CREDIT. (a) Research Credit Made Permanent.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendments.-- (A) Subsection (c) of section 41 of such Code is amended by striking paragraph (4). (B) Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. (b) Increase in Alternative Simplified Research Credit.-- (1) In general.--Subparagraph (A) of section 41(c)(5) of such Code (relating to election of alternative simplified credit) is amended by striking ``14 percent (12 percent in the case of taxable years ending before January 1, 2009)'' and inserting ``20 percent''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.

Small Business Growth in Manufacturing Act of 2014 - Amends the Internal Revenue Code to: (1) allow small business employers a business-related tax credit for up to 50% of qualified employee training expenses in a taxable year, (2) make permanent the tax credit for increasing research expenditures, and (3) increase the rate of the alternative simplified research tax credit.

Small Business Growth in Manufacturing Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Excessive Speculation Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) as scores of recent academic and governmental studies, reports, and analyses have shown, unlimited and excessive speculation in commodity markets causes harm to consumers and commodity-dependent businesses of the United States by contributing to unnecessary volatility and unwarranted increases in food and energy prices; (2) for the purpose of diminishing, eliminating, or preventing the burdens imposed on interstate commerce by excessive speculation in commodities, section 4a(a)(1) of the Commodity Exchange Act (7 U.S.C. 6a(a)(1)) directs the Commodity Futures Trading Commission to proclaim and fix speculative position limits, as necessary, on the amount of commodity trading by any person, including any group or class of traders other than bona fide hedgers; (3) pursuant to the standards set forth in section 4a(a)(1) of the Commodity Exchange Act (7 U.S.C. 6a(a)(1)), section 4a(a)(2) of that Act directs the Commodity Futures Trading Commission to establish limits on the positions that may be held by commodity traders, other than bona fide hedge positions, and establishes a specific timetable for implementation of those limits; (4) the rulemaking authority of section 4a of the Commodity Exchange Act (7 U.S.C. 6a) provides the Commodity Futures Trading Commission with ample authority to impose meaningful speculative position limits on commodity trading by individual speculators, as well as position limits on the overall level of speculative trading in the marketplace; (5) in recent years, the interpretation of the Commodity Futures Trading Commission of the term ``excessive speculation'' has focused on the threat that singular, concentrated positions pose to the liquidity and efficient management of commodity trading; (6) the historically narrow emphasis of the Commodity Futures Trading Commission on the burden created by concentrated speculative positions has deterred the Commission from adopting additional measures to ensure that the aggregate level of speculation in the market does not contribute to unwarranted increases in commodity price levels; (7) this Act clarifies that-- (A) one of the fundamental objectives of the Commodity Exchange Act (7 U.S.C. 1 et seq.) is to ensure that the commodity markets accurately reflect the fundamental supply and demand for commodities; and (B) the deterrence and prevention of excessive speculation is an express purpose of that Act; (8) in order to end decades of legal uncertainty and regulatory ambiguity that has undermined enforcement efforts, this Act defines the term ``excessive speculation'' and creates legal presumptions that give rise to a determination that excessive speculation is present in a commodity market; and (9) the individual and aggregate position limits set forth in this Act and applicable to energy contracts seek to strengthen, and not replace, any limits established by the Commodity Futures Trading Commission under the rulemaking processes of the Commission. SEC. 3. FINDINGS AND PURPOSE. Section 3 of the Commodity Exchange Act (7 U.S.C. 5) is amended-- (1) in subsection (a), by striking ``, or'' and inserting ``that accurately reflect the fundamental supply and demand for commodities, and''; and (2) in subsection (b), in the second sentence, by inserting ``and excessive speculation'' after ``prevent price manipulation''. SEC. 4. FOREIGN BOARDS OF TRADE. Section 4(b)(1)(A)(i) of the Commodity Exchange Act (7 U.S.C. 6(b)(1)(A)(i)) is amended by striking ``subject to comparable, comprehensive'' and inserting the following: ``subject to-- ``(I) rules and restrictions prohibiting excessive speculation by governmental authorities that are comparable to the law, regulations, and orders applicable to boards of trade in the United States; and ``(II) comparable, comprehensive''. SEC. 5. EXCESSIVE SPECULATION. Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``Excessive speculation'' and inserting the following: ``(A) Excessive speculation.-- ``(i) In general.--Excessive speculation''; (ii) by inserting after the first sentence the following: ``(ii) Factors.--Excessive speculation in a commodity market exists if speculative traders have a substantial impact on price discovery. ``(iii) Presumption of excessive speculation.--For purposes of this Act, speculative traders shall be presumed to have a substantial impact on price discovery if the Commission determines that-- ``(I) gross positions, long or short, attributable to speculative trading in a contract for future delivery, an option on such a contract, a swaps contract listed for trading on a designated contract market, or a swaps contract listed for trading on a swaps execution facility exceed the gross positions, long or short, attributable to bona fide hedging transactions traded in such a contract or option; or ``(II) the average percentage of open interest, long or short, held by persons primarily engaged in speculative trading during the most recent 12-month period for which data are available exceeds by more than 10 percent the average annual percentage of open interest, long or short, held by persons primarily engaged in speculative trading during-- ``(aa) the preceding 25- year period; or ``(bb) if the interest is held by the persons for less than the 25-year period, the period during which the contract has been traded on a designated contract market.''; (iii) in the second sentence, by striking ``For the purpose of diminishing, eliminating, or preventing such burden'' and inserting the following: ``(B) Position limits.-- ``(i) In general.--For the purpose of diminishing, eliminating, or preventing the burden on interstate commerce described in subparagraph (A)(i)''; and (iv) by designating the third, fourth, fifth, and sixth sentences (as those sentences existed before the amendments made by clauses (i) through (iii)) as clauses (ii), (iii), (iv), and (v), respectively, of subparagraph (B) (as added by clause (iii)); (B) by redesignating paragraph (7) as paragraph (8); (C) by inserting after paragraph (6) the following: ``(7) Speculative position limits on energy contracts.-- ``(A) Definitions.--In this paragraph: ``(i) Energy contract.--The term `energy contract' means-- ``(I) a contract referencing the price of crude oil, gasoline, diesel fuel, jet fuel, heating oil, or natural gas and traded on a registered entity; ``(II) with respect to an agreement, contract, or transaction that settles against any price (including the daily or final settlement price) of one or more contracts referencing the price of crude oil, gasoline, diesel fuel, jet fuel, heating oil, or natural gas and listed for trading on a registered entity, a contract traded on a foreign board of trade that provides members or other participants located in the United States with direct access to the electronic trading and order matching system of the foreign board of trade; and ``(III) swap contracts referencing the price of crude oil, gasoline, diesel fuel, jet fuel, heating oil, or natural gas that perform or affect a significant price discovery function with respect to regulated entities. ``(ii) Excessive speculative position.--The term `excessive speculative position' means a position that affects-- ``(I) in the spot month, more than 5 percent of the estimated deliverable supply of the same commodity; and ``(II) in a single month or all months combined, more than 5 percent of the open interest in a contract. ``(B) Individual position limits on energy contracts.--No person may hold or control an excessive speculative position, long or short, in an energy contract in any single market described in subclause (I), (II), or (III) of subparagraph (A)(i) and aggregated across all markets described in those subclauses in the spot month, a single month, or all- months combined. ``(C) Aggregate speculative position limits on energy contracts.-- ``(i) In general.--Not later than 45 days after the date of enactment of the Anti- Excessive Speculation Act of 2011, the Commission shall issue an order that establishes aggregate speculative position limits for long energy contracts held by speculators as a class of traders in any single market described in subclause (I), (II), or (III) of subparagraph (A)(i) and in all markets described in those subclauses. ``(ii) Requirements.--The aggregate speculative position limits shall be established at levels that are not greater than the average annual percentage of long open interest held by speculators in any single market described in subclause (I), (II), or (III) of subparagraph (A)(i) and in all markets described in those subclauses during-- ``(I) the preceding 25-year period; or ``(II) if the interest is held by speculators for less than the 25-year period, the period during which the contract has been traded. ``(iii) Procedures.--To the extent necessary, the order shall include transition rules to ensure an orderly and gradual reduction in aggregate speculative positions in a manner that does not mandate or require the unwinding of contracts and agreements existing on the date of enactment of the Anti-Excessive Speculation Act of 2011. ``(D) Exemption for bona fide energy hedging transactions.-- ``(i) Definition of bona fide energy hedging.-- ``(I) In general.--In this subparagraph, the term `bona fide energy hedging' means a transaction or position that is proportionate and economically appropriate for the reduction of risks in the conduct and management of a trade or business that produces, processes, merchandises, manufactures, or consumes an energy commodity. ``(II) Exclusion.--For purposes of this paragraph, the management of financial risk associated with swaps or other similar contracts, by itself, shall not constitute bona fide energy hedging. ``(ii) Exclusion.--For purposes of this paragraph, bona fide energy hedging shall be excluded when computing the positions held or controlled by a person. ``(E) Anti-abuse regulatory authority.--The Commission shall issue such rules, regulations, or orders as are necessary-- ``(i) to prevent persons from circumventing or evading the speculative position limits established under this paragraph; or ``(ii) to carry out the purpose of limiting excessive speculation in energy markets.''; and (D) in paragraph (8) (as redesignated by subparagraph (B)), by striking ``The Commission'' and inserting ``Except as provided in paragraph (7), the Commission''.

Anti-Excessive Speculation Act of 2011 - Amends the Commodity Exchange Act to revise the registration requirements for foreign boards of trade. Directs the Commodity Futures Trading Commission (CFTC) to consider whether foreign boards are subject to rules and restrictions prohibiting excessive speculation by governmental authorities that are comparable to the law, regulations, and orders applicable to boards of trade in the United States. Sets forth a presumption of excessive speculation if the CFTC, using specified criteria, determines that speculative traders in a commodity market have a substantial impact on price discovery. Establishes individual position limits on energy contracts (referencing the price of crude oil, gasoline, diesel fuel, jet fuel, heating oil, or natural gas) that are applicable to long or short positions. Defines an "excessive speculative position" as a position that affects more than 5% of: (1) the estimated deliverable supply of the same commodity in the spot month, and (2) the open interest in a contract in a single month or all months combined. Prohibits any person from holding or controlling an excessive speculative position, long or short, in an energy contract in any single market and aggregated across all markets in the spot month, a single month, or all-months combined. Directs the CFTC to establish aggregate speculative position limits for long energy contracts held by speculators as a class of traders in any single market and in all markets. Requires that such positions be capped at the average annual percentage of long open interest held by speculators in any single energy contract market and in all such markets during the preceding 25-year period (or the period during which the contract has been traded if held for less than the 25-year period). Excludes bona fide energy hedging from the computation of positions held or controlled by a person. Defines "bona fide energy hedging" as a transaction or position that is proportionate and economically appropriate for the reduction of risks in the conduct and management of a trade or business that produces, processes, merchandises, manufactures, or consumes an energy commodity. Declares that the management of financial risk associated with swaps or other similar contracts, by itself, shall not constitute bona fide hedging.

To amend the Commodity Exchange Act to prevent excessive speculation in commodity markets and excessive speculative position limits on energy contracts, and for other purposes.

SECTION 1. PURPOSE. The purpose of this Act is to clarify section 3626(j)(1)(D)(ii) of title 39, United States Code. SEC. 2. COOPERATIVE MAILINGS. Section 3626(j) of title 39, United States Code, is amended by adding at the end the following: ``(4)(A) Notwithstanding any other provision of this section or any rule or regulation of the Postal Service, but subject to subparagraph (D), in the case of mail matter sent (or proposed to be sent) by or on behalf of an authorized organization having a contractual or any other business relationship with an entity described in subparagraph (B)(ii), rates of postage under former section 4452 (b) or (c) of this title shall apply if those rates would apply in the case of identical mail matter sent by such organization absent such relationship. ``(B) For purposes of subparagraph (A)-- ``(i) the term `authorized organization' means an organization authorized to mail at the rates for mail under former section 4452 (b) or (c) of this title; and ``(ii) an entity described in this clause is any organization or other person that is not an authorized organization. ``(C) This paragraph does not authorize mail that advertises, promotes, offers, or, for a fee or consideration, recommends, describes, or announces the availability of any products or services to be mailed at the rates of postage under former section 4452 (b) or (c) of this title which would otherwise be excluded from being mailed at such rates by any other provision of this title.''. SEC. 3. CONFLICT OF INTEREST. Section 3626 of title 39, United States Code, is amended by adding at the end the following: ``(n)(1) For purposes of determining eligibility for use of the rates to mail under former section 4452 (b) or (c) of this title with respect to a qualified nonprofit organization that enters into a contract with a commercial entity to solicit funds for or on behalf of the nonprofit organization, or to provide counseling services for the solicitation of funds, the contractual relationship shall be deemed a conflict of interest creating a presumption against eligibility if-- ``(A) the parties do not act severally and independently in forming the contract; or ``(B) the contract is not approved in advance by the governing body of the nonprofit organization, the controlling voting percentage of which is comprised of persons other than officers, board members, principals, or employees of the commercial entity; or by other persons as authorized by such governing body to act on its behalf. ``(2) If a conflict of interest is found to exist under paragraph (1), the presumption against eligibility may be rebutted by demonstrating to the Postal Service that the contract meets the standards required to establish a rebuttable presumption that a transaction is not an excess benefit transaction as set forth in regulation by the Internal Revenue Service under section 4958 of the Internal Revenue Code of 1986.''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) this Act addresses only the appropriate rates of postage as authorized under section 3626 of title 39, United States Code; (2) to prevent the nonprofit mailing rates from being used for any unlawful purpose, nothing in this Act should be considered to alter the authority of the United States Postal Service to-- (A) apply regular rates of postage rather than nonprofit rates, to mail matter described in subparagraph (A), (B), (C), or (D)(i) of section 3526(j)(1) of title 39, United States Code; (B) enforce any criminal law within its jurisdiction; (C) revoke the nonprofit mail permit of an authorized organization, as described in section 3626(j)(4)(B)(i) of title 39, United States Code, for which the Internal Revenue Service and the courts of the United States have issued a final revocation of tax-exempt status on any legal basis, including a finding of an excess benefit, private inurement, or private benefit; (D) prohibit schemes to obtain money or property through the mail by means of false representations in accordance with section 3005(a) of title 39, United States Code; (E) prohibit any person from conducting a lottery, gift enterprise, or scheme for the distribution of money through the mail in accordance with section 3005(a) of title 39, United States Code; or (F) broadly prohibit any person having fraudulent designs on others from using the Postal Service as a means of effecting such fraud in accordance with section 1341 of title 18, United States Code; and (3) nothing in this Act shall be construed to limit or change the authority of the Attorney General of the United States or an Attorney General of the several States from exercising their consumer protection jurisdiction against criminal or fraudulent fundraising practices. SEC. 5. EFFECTIVE DATE AND APPLICATION. (a) In General.--The amendments made by this Act shall apply with respect to mail matter sent before, on, or after the date of enactment of this Act, except that section 3 of this Act shall become effective for contracts entered into after the date of enactment. (b) Application.-- (1) Causes of action.--Nothing in this Act (including the amendments made by this Act) shall be considered to create a cause of action against the United States Postal Service to recover postage paid on mail matter sent on or before the date of enactment of this Act. (2) Continuation of actions.--Nothing in this Act (including the amendments made by this Act) shall prohibit or prevent the United States Government from proceeding-- (A) in any civil action instituted or formally intervened by it before the date of enactment of this Act; or (B) in any criminal action in which a complaint or indictment has been filed on or before the date of enactment of this Act.

Amends Federal postal law to apply certain reduced postage rates to specified mail matter (cooperative mailings) sent (or proposed to be sent) by or on behalf of an organization authorized to mail at non-profit postage rates even though it has a contractual or any other business relationship with an entity not so authorized.Deems a conflict of interest creating a presumption against eligibility for use of such non-profit postage rates any contractual relationship between a qualified nonprofit organization with a commercial entity for solicitation of funds for or on behalf of the nonprofit organization, or for counseling services for the solicitation of funds. Exempts from this rule any such contract if the parties act severally and independently in forming it, or it is approved in advance: (1) by the governing body of the nonprofit organization, the controlling voting percentage of which is composed of persons other than officers, board members, principals, or employees of the commercial entity; or (2) by other persons authorized by such governing body to act on its behalf.Allows a rebuttal of the presumption against eligibility even if a conflict of interest is found to exist, if it can be demonstrated to the Postal Service that the contract meets certain standards of the Internal Revenue Service under the Internal Revenue Code establishing a rebuttable presumption that a transaction is not an excess benefit transaction.

A bill to amend title 39, United States Code, with respect to cooperative mailings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Home Energy Savings Revolving Fund Act''. SEC. 2. DEFINITIONS. In this Act: (1) Home energy audit.--The term ``home energy audit'' means any process that identifies and specifies the energy and cost savings that are likely to be realized through the implementation, acquisition, and installation of energy savings improvements to a residential property. (2) Qualified home energy audit.--The term ``qualified home energy audit'' means an energy audit that complies with the procedures and techniques under section 5(a)(2). (3) Renewable energy measure.--The term ``renewable energy measure'' means the appropriate installation and use of solar, wind, geothermal, fuel cell, biomass, battery storage, and other applicable renewable technologies, as determined by the Secretary. (4) Certified energy savings improvement.--The term ``certified energy savings improvement'' means an energy efficiency improvement or renewable energy measure that meets the requirements under section 5(a)(3). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (6) Revolving fund.--The term ``Revolving Fund'' means the National Home Energy Savings Revolving Fund established under section 3(a). (7) Unit of general local government.--The term ``unit of general local government'' means any general purpose political subdivision of a State that has the power to levy taxes and spend funds, as well as general corporate and police powers. SEC. 3. NATIONAL HOME ENERGY SAVINGS REVOLVING FUND. (a) Establishment.--There is established within the Department of Energy a revolving fund, to be known as the ``National Home Energy Savings Revolving Fund''. (b) Expenditures.--Any amounts in the Revolving Fund may be used without fiscal year limitation to provide funds to units of general local government in accordance with section 4 for use in making loans to homeowners pursuant to section 5(a). (c) Credits.-- (1) Capitalization authorization.--There are authorized to be appropriated to the Revolving Fund $5,000,000,000 for each of fiscal years 2010 and 2011. (2) Repayment amounts.--The Revolving Fund shall be credited with amounts received by the Secretary from a unit of general local government equal to loan repayment amounts due to be repaid by homeowners to whom loans are made pursuant to section 5(a). SEC. 4. FUNDING TO UNITS OF GENERAL LOCAL GOVERNMENT. (a) Application.--To be eligible to receive funds under this Act, a unit of general local government shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which information shall include a description of the method required by section 5(c) for making payments due under the loan. (b) Amounts.-- (1) Allocation.--Subject to the limitation under paragraph (2), the Secretary, in each fiscal year, shall provide for the allocation of amounts available in the Revolving Fund to units of general local government eligible to receive such amounts based on need among such units of general local government for amounts for loans to homeowners pursuant to section 5(a). (2) Limitation.--In any fiscal year, the aggregate amount provided from the Revolving Fund to a single unit of general local government may not exceed 2 percent of the total amount available in the Revolving Fund for such fiscal year. (c) Repayment.-- (1) Homeowner.--A unit of general local government that receives funds under this Act shall require full repayment of each loan made to a homeowner pursuant to section 5(a). (2) Unit of general local government.--Not later than 120 days after the deadline imposed by a unit of general local government for repayment by homeowners of loans made pursuant to section 5(a) in the manner provided by section 5(c), such unit of general local government shall transfer to the Secretary amounts due to be repaid, notwithstanding any default on the part of the homeowner. SEC. 5. LOANS TO HOMEOWNERS FOR QUALIFIED HOME ENERGY AUDITS AND CERTIFIED ENERGY SAVINGS IMPROVEMENTS. (a) Loans to Homeowners.-- (1) In general.--A unit of general local government that receives funds under this Act shall use such funds only to provide loans to homeowners for the costs of one or more of the following: (A) Conducting a qualified home energy audit (or a qualified home energy audit previously conducted). (B) The implementation of any certified energy savings improvement. (C) The acquisition of any certified energy savings improvement. (D) The installation of any certified energy savings improvement. (2) Home energy audit procedures and techniques.--The Secretary shall establish procedures and techniques for home energy audits that-- (A) meet standards established by the Secretary after consultation with the State Energy Advisory Board established under section 365(g) of the Energy and Policy Conservation Act (42 U.S.C. 6325(g)); (B) establish priorities for selection of energy savings improvements based on their cost-effectiveness, payback period, and contribution to energy savings; (C) measure the energy requirement of individual dwellings and the rate of return of the total energy savings investment in a dwelling; and (D) account for interaction among energy savings measures. (3) Certified energy savings improvements.--Loan funds may be used by homeowners under this section for the implementation, acquisition, or installation of an energy efficiency improvement or renewable energy measure only if such improvement or measure-- (A) has been determined, by means of a qualified home energy audit, to improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy costs projected over time); and (B) such determination is set forth in a written report regarding such audit-- (i) listing energy savings improvements in order of cost-effectiveness, payback period, and contribution to energy savings; and (ii) prepared and signed by the person conducting such audit. (b) Eligible Homeowners.--To be eligible to receive a loan from a unit of general local government under this section, a homeowner shall submit to such unit of general local government an application at such time, in such manner, and containing such information as such unit of general local government may require. (c) Payment in Connection With Property Tax Payment.--A unit of general local government that receives funds under this Act shall establish a method by which a homeowner to whom a loan is made pursuant to section 5(a) may make payments due under such loan in connection with any payments submitted for any property tax assessed or collected by such unit of general local government. (d) Repayment Terms.--A unit of general local government that receives funds under this Act shall establish terms for repayment of loans made pursuant to section 5(a) that comply with subsection (e) and meet the following goals in the following order of priority: (1) The terms shall provide that, on an annual basis, the aggregate amount of payments due on a loan shall be less than the aggregate amount of savings achieved by implementation, acquisition, or installation of certified energy savings improvements financed under the loan. (2) The terms shall provide that homeowners shall make repayments of such loans in such amounts as are necessary to minimize costs to the Revolving Fund established under section 3(a) and that any such repayments shall be transferred to the Secretary and credited to such Fund. (e) Loan Maturity and Interest.--A loan under this section shall have a term to maturity of not more than 15 years and shall not bear interest. (f) Loan Amount Limitations.--The total amount of all loans made pursuant to section 5(a) from a unit of general local government to a single homeowner may not exceed $10,000, except that a unit of general local government, in its discretion, may establish a loan amount limitation in a lesser amount. (g) Principal Residence Requirement.--A unit of general local government may make a loan under this section only if such loan will be used for eligible purposes under subsection (a) with respect to the principal residence of the homeowner who is the borrower. (h) Information Requirement.--A unit of general local government that receives funds under this Act, in accordance with such standards as the Secretary shall establish, shall make available to homeowners information about loans available pursuant to section 5(a) including-- (1) a description of the eligible purposes for which a loan may be used; (2) a list of home energy auditors in the area that are certified to perform qualified home energy audits; and (3) repayment procedures and terms established in accordance with subsection (d), including repayment procedures and terms if a loan is provided only for the costs of conducting a qualified home energy audit. SEC. 6. REPORTS TO THE SECRETARY. For each year any loan made by a unit of general local government pursuant to section 5(a) is outstanding, such unit of general local government shall submit to the Secretary a report describing the use of funds from the Revolving Fund, identifying the number of loans provided under this Act, the repayment rate of the loans, the default rate of the loans, and any other information the Secretary determines to be appropriate.

National Home Energy Savings Revolving Fund Act - Establishes within the Department of Energy (DOE) the National Home Energy Savings Revolving Fund to provide funds to local governments for use in making loans to homeowners for the costs of conducting a qualified home energy audit and implementing, acquiring, and installing certified energy savings improvements. Requires the Secretary of Energy to establish procedures and techniques for home energy audits that: (1) establish priorities for selection of energy savings improvements based on their cost-effectiveness, payback period, and contribution to energy savings; (2) measure the energy requirement of individual dwellings and the rate of return of the total energy savings investment in a dwelling; and (3) account for interaction among energy savings measures. Sets forth requirements concerning loan eligibility and repayment. Limits the total loan amount to a single homeowner to $10,000.

To establish the National Home Energy Savings Revolving Fund within the Department of Energy to provide amounts to units of general local government to make loans to homeowners for qualified home energy audits and certified energy savings improvements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief for Disadvantaged Areas Act of 1998''. SEC. 2. REQUIREMENTS FOR ADMISSION OF NON-IMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS DURING 4-YEAR PERIOD. (a) Establishment of a New Nonimmigrant Classification for Nonimmigrant Nurses in Health Professional Shortage Areas.--Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking ``; or'' at the end and inserting the following: ``, or (c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services; or''. (b) Requirements.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in section 101(a)(15)(H)(i)(c), with respect to alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; ``(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The facility meets all the requirements of paragraph (6). ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed. ``(iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility. ``(iv) The facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses. ``(v) There is not a strike or lockout in the course of a labor dispute, the facility has not laid off registered nurses within the previous year other than termination for cause, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(vi) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations. ``(vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c) that exceeds 33 percent of the total number of registered nurses employed by the facility. ``(viii) The facility will not, with respect to any alien issued a visa or otherwise provided non-immigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. Nothing in clause (iv) shall be construed as requiring a facility to have taken significant steps described in such clause before the date of the enactment of the Health Professional Shortage Area Nursing Relief Act of 1998. A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of the filing. ``(B) For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses: ``(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere. ``(ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses. ``(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area. ``(iv) Providing adequate support services to free registered nurses from administrative and other non-nursing duties. ``(v) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate, and the Attorney General determines, that taking a second step is not reasonable. ``(C) Subject to subparagraph (E), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the one-year period beginning of the date of its filing with the Secretary of Labor; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition. ``(E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. ``(ii) The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such an administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing that, a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(F)(i) The Secretary of Labor shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be 3 years. ``(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500. The number of petitions granted under section 101(a)(15)(H)(i)(c) for each State in each fiscal year shall not exceed the following: ``(A) For States with populations of less than 10,000,000 based upon the 1990 decennial census of population, 25 petitions. ``(B) For States with populations of 10,000,000 or more, based upon the 1990 decennial census of population, 50 petitions. ``(5) A facility that has filed a petition under section 101(a)(15)(H)(I)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; ``(B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and ``(C) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c), the term `facility' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements: ``(A) As of March 31, 1997, the hospital was located in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). ``(B) Based on its settled cost report filed under title XVIII of the Social Security Act for its costs reporting period beginning during fiscal year 1994-- ``(i) the hospital has not less than 190 licensed acute care beds; ``(ii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title is not less than 35 percent of the total number of such hospital's acute care inpatient days for such period; and ``(iii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance under a State plan approved under title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period.''. (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking subclause (a). (d) Implementation.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor (in consultation, to the extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act (as amended by subsection (b)). (e) Limiting Application of Nonimmigrant Changes to 4-Year Period.--The amendments made by this section shall apply to classification petitions filed for nonimmigrant status only during the 4-year period beginning on the date that interim or final regulation are first promulgated under subsection (d). SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE. Not later than the last day of the 4-year period described in section 2(e), the Secretary of Health and Human Services and the Secretary of Labor shall jointly submit to the congress recommendations (including legislative specifications) with respect to the following: (1) A program to eliminate the dependence of facilities described in section 212(m)(6) of the Immigration and Nationality Act (as amended by section 2(b)) on nonimmigrant registered nurses by providing for a permanent solution to the shortage of registered nurses who are United States citizens or aliens lawfully admitted for permanent residence. (2) A method of enforcing the requirements imposed on facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the Immigration and Nationality Act (as amended by section 2) that would be more effective than the process described in section 212(m)(2)(E) of such Act (as so amended).

Nursing Relief for Disadvantaged Areas Act of 1998 - Amends the Immigration and Nationality Act to establish a nonimmigrant classification for (nonimmigrant) nurses in health professional shortage areas. Sets forth admissions requirements, including a maximum three-year stay. Limits: (1) eligible hospitals; (2) fiscal year entrants; and (3) the number of entrants permitted to work in any one State. Requires the Secretary of Labor to compile a public list of facilities petitioning for the admission of each such nurse. Directs the Secretary and the Secretary of Health and Human Services to jointly submit recommendations for an alternative solution to using foreign nurses to resolve the U.S. nursing shortage.

Nursing Relief for Disadvantaged Areas Act of 1998

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Supporting Colorectal Examination and Education Now Act of 2011'' or the ``SCREEN Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Temporary increase in payment rate for certain cancer screening tests. Sec. 4. Waiving Medicare cost-sharing for colorectal cancer screening with therapeutic effect. Sec. 5. Medicare coverage for an office visit or consultation prior to a qualifying screening colonoscopy. Sec. 6. Budget neutrality. Sec. 7. Expansion of coverage of activities related to recommended preventive health services under private health insurance. SEC. 2. FINDINGS. Congress finds the following: (1) Colon cancer is the third most common cause of cancer- related deaths and the second most common cancer for both men and women. (2) According to the American Cancer Society, over 50,000 people will die this year from colon cancer. (3) Colorectal cancer is highly treatable with appropriate screening. According to the American Cancer Society (2010 Facts & Figures), the 5-year survival rate is 90 percent for those individuals who are diagnosed at an early stage of the cancer. However, less than 40 percent of colon cancer cases are diagnosed at an early stage. (4) The Centers for Disease Control and Prevention recently estimated that approximately 2,000 deaths could be avoided if colonoscopy screening rates rose by just 10 percent. (5) Colonoscopies allow for simultaneous colorectal cancer screenings and detection and the removal of precancerous polyps, thus preventing cancer from developing. (6) The U.S. Preventive Services Task Force provides an ``A'' rating for colorectal cancer screenings. (7) The Centers for Disease Control and Prevention's colorectal cancer control program has set a target of screening 80 percent of eligible adults in certain States by 2014. The American Cancer Society and other patient advocacy groups have a target rate of 75 percent. (8) Only between 52 and 58 percent of Medicare beneficiaries have had any colorectal cancer screening test, despite Medicare coverage for such tests. (9) Only 49.3 percent of Medicare beneficiaries who are 50 to 80 years old receive colorectal cancer screenings within recommended intervals. (10) The Centers for Medicare & Medicaid Services notes that there is ``clearly an opportunity to improve colorectal cancer screening rates in the Medicare population''. (11) A January 2011 study by the Colon Cancer Alliance concludes that most Americans over the age of 50-- (A) wish a health care provider was able to sit down with them to discuss a colonoscopy before undergoing the test; and (B) forgo a colonoscopy due to fear of the procedure. (12) In February 2010, the National Institutes of Health hosted a conference on colorectal cancer screening and cited patient awareness and fears as barriers to increasing colorectal cancer screening rates. (13) According to the Medicare Payment Advisory Commission, colonoscopy is one of the most common procedures performed in the ambulatory surgical centers (ASCs) and ``the decline in payment rate for the highest volume procedures is especially a strong concern for ASCs that focus on gastroenterology''. (14) An Institute of Medicine study on colorectal cancer screening cited the inadequate reimbursement for preventive care services as one of the constraints limiting colorectal cancer screening rates. (15) Colorectal cancer screening by colonoscopy has been demonstrated to reduce Medicare costs over the long-term. SEC. 3. TEMPORARY INCREASE IN PAYMENT RATE FOR CERTAIN CANCER SCREENING TESTS. (a) In General.--With respect to a qualifying cancer screening test furnished during the 5-year period beginning on January 1, 2013, by a qualifying provider, the amount otherwise payable under section 1833 or section 1848 of the Social Security Act (42 U.S.C. 1395l, 1395w-4) to such provider for such test shall be increased by 10 percent. (b) Qualifying Cancer Screening Test.-- (1) In general.--For purposes of this section, subject to paragraph (2), the term ``qualifying cancer screening test'' means, with respect to a Medicare beneficiary, a cancer screening test that has in effect with respect to such beneficiary a rating of `A' in the current recommendations of the United States Preventive Services Task Force. (2) Termination when high utilization rate reached.--If the Secretary determines that a cancer screening test described in paragraph (1) has a utilization rate of at least 75 percent of the Medicare beneficiaries for whom such screening has such a recommendation, effective as of the first day of the year after the year in which such determination is made, the cancer screening test shall not be a qualifying cancer screening test. (c) Qualifying Provider Defined.--For purposes of this section, the term ``qualifying provider'' means, with respect to a qualifying cancer screening test, an individual or entity-- (1) that is eligible for payment for such test under section 1833 or section 1848 of the Social Security Act; and (2) that-- (A) participates in a nationally recognized quality improvement registry with respect to such test; and (B) demonstrates, to the satisfaction of the Secretary, based on the information in such registry, that the tests were provided by such individual or entity in accordance with accepted outcomes-based quality measures. SEC. 4. WAIVING MEDICARE COST-SHARING FOR COLORECTAL CANCER SCREENING WITH THERAPEUTIC EFFECT. (a) In General.--Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting ``, including tests and procedures described in the last sentence of subsection (b),'' after ``section 1861(ddd)(3)''. (b) Effective Date.--The amendments made by this section shall apply to tests and procedures performed on or after January 1, 2013. SEC. 5. MEDICARE COVERAGE FOR AN OFFICE VISIT OR CONSULTATION PRIOR TO A QUALIFYING SCREENING COLONOSCOPY. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (EE), by striking ``and'' at the end; (2) in subparagraph (FF), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(GG) prior to a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with an individual's decision regarding the performance of such a test on the individual, an outpatient office visit or consultation for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and the sedation of the individual;''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to an outpatient office visit or consultation under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1848''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(GG),'' after ``(2)(FF) (including administration of the health risk assessment),''. (3) Requirement for establishment of payment amount under physician fee schedule.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: ``(4) Payment for outpatient office visit or consultation prior to screening colonoscopy.--With respect to an outpatient office visit or consultation under section 1861(s)(2)(GG), payment under section 1848 shall be consistent with the payment amounts for CPT codes 99201, 99202, 99203, 99204, 99211, 99212, 99213, 99214, and 99215 (as in effect as of the date of the enactment of this paragraph or any successors to such codes).''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2013. SEC. 6. BUDGET NEUTRALITY. (a) Adjustment of Physician Fee Schedule Conversion Factor.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall reduce the conversion factor established under subsection (d) of section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for each year (beginning with 2013) to the extent necessary to reduce expenditures under such section for items and services furnished during the year in the aggregate by the net offset amount determined under subsection (c)(5) attributable to such section for the year. (b) Adjustment of HOPD Conversion Factor.--The Secretary shall reduce the conversion factor established under paragraph (3)(C) of section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) for each year (beginning with 2013) to the extent necessary to reduce expenditures under such section for items and services furnished during the year in the aggregate by the net offset amount determined under subsection (c)(5) attributable to such section for the year. (c) Determinations Relating to Expenditures.--For purposes of this section, before the beginning of each year (beginning with 2013) at the time conversion factors described in subsection (a) and (b) are established for the year, the Secretary shall determine-- (1) the amount of the gross additional expenditures under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) estimated to result from the implementation of sections 3, 4, and 5 for items and services furnished during the year; (2) the amount of any offsetting reductions in expenditures under such title (such as reductions in payments for inpatient hospital services) for such year attributable to the implementation of such sections; (3) the amount (if any) by which the amount of the gross additional expenditures determined under paragraph (1) for the year exceeds the amount of offsetting reductions determined under paragraph (2) for the year; (4) of the gross additional expenditures determined under paragraph (1) for the year that are attributable to expenditures under sections 1848 and 1833(t) of such Act, the ratio of such expenditures that are attributable to each respective section; and (5) with respect to section 1848 and section 1833(t) of such Act, a net offset amount for the year equal to the product of-- (A) the amount of the net additional expenditures for the year determined under paragraph (3); and (B) the ratio determined under paragraph (4) attributable to the respective section. SEC. 7. EXPANSION OF COVERAGE OF ACTIVITIES RELATED TO RECOMMENDED PREVENTIVE HEALTH SERVICES UNDER PRIVATE HEALTH INSURANCE. (a) In General.--Section 2713(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-13(a)(1)) is amended by inserting ``(including related activities occurring as part of the same clinical encounter, such as conducting a biopsy or by removing a lesion or growth)'' after ``Task Force''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2013.

Supporting Colorectal Examination and Education Now Act of 2011 or the SCREEN Act of 2011 - Increases Medicare payments to qualifying Medicare providers by 10% for cancer screening tests recommended by the U.S. Preventive Services Task Force. Terminates the increase for a test when it reaches a 75% utilization rate for beneficiaries for whom such screening is recommended. Makes a Medicare provider eligible for such increased payment only if the provider: (1) participates in a nationally recognized quality improvement registry with respect to such test, and (2) demonstrates that the tests were provided in accordance with accepted outcomes-based quality measures. Amends title XVIII (Medicare) of the Social Security Act to waive cost-sharing for colorectal cancer screening tests. Extends Medicare coverage to include an outpatient office visit or consultation prior to a colorectal cancer test consisting of a screening colonoscopy, or in conjunction with an individual's decision regarding the performance of such a test on the individual, for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and the sedation of the individual. Requires the Secretary of Health and Human Services (HHS) to reduce the conversion factors for purposes of payment to physicians and hospital outpatient departments under Medicare to offset the additional expenditures under this Act. Amends the Public Health Service Act to require health plans to cover, with no cost-sharing, activities related to certain covered preventive services that are part of the same clinical encounter, such as conducting a biopsy or removing a lesion or growth.

To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to improve coverage for colorectal screening tests under Medicare and private health insurance coverage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Right To Know Act''. SEC. 2. MATERIAL TO BE INCLUDED IN ANNUAL REPORT OF TRUSTEES. Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``under paragraph (2)'' and inserting ``under subparagraph (B)''; (3) by inserting ``(1)'' after ``(c)''; (4) by redesignating the undesignated text following subparagraph (E) (as redesignated by paragraph (1) of this section) as paragraph (2); (5) by moving the last sentence of paragraph (2) (as redesignated by paragraph (4) of this section) so that it follows the fifth sentence of paragraph (1) (as redesignated by paragraph (3) of this section); (6)(A) by moving the text of the fifth sentence of paragraph (2) (as redesignated by paragraph (4) of this section) beginning with ``shall be printed'' and ending with ``report is made'' so that it follows ``above'' in the first sentence of paragraph (2) (as redesignated by paragraph (4) of this section); (B) by striking the remainder of the fifth sentence of paragraph (2) (as redesignated by paragraph (4) of this section); and (C) by inserting ``and'' after the text so moved; (7) in the fourth sentence of paragraph (2) (as redesignated by paragraph (4) of this section), by striking ``Such report shall also include an'' and inserting the following: ``(C) An''; (8) in the third sentence of paragraph (2) (as redesignated by paragraph (4) of this section), by striking ``Such report shall include an'' and inserting the following: ``(B) An''; (9) in the first sentence of paragraph (2) (as redesignated by paragraph (4) of this section)-- (A) by striking ``(2) above'' after ``paragraph'' and inserting ``(1)(B)''; and (B) by striking ``shall include a statement'' and inserting ``shall include the following: ``(A) A statement''; (10) by inserting after subparagraph (C) (as redesignated by paragraph (7) of this section) the following: ``(D) A statement, in terms of inflation-adjusted dollars, present discounted value, and nominal dollars, of-- ``(i) the aggregate amount of the unfunded long- term projected liability of the social security system and any change in that amount from the preceding year; and ``(ii) the amount of deficit or surplus that the social security system will run in the last year of such long-term projection period, with any aggregate assets or liabilities held by the Trust Funds in that final projected year. ``(E) The economic model and relevant data used to make the financial projections required to be reported under this paragraph, including any changes in the model and data from the preceding year. ``(F) A conspicuous summary of the items required by clauses (i) and (ii) of subparagraph (D), in terms of inflation-adjusted dollars. ``(G) An explanation that states in substance that the Trust Funds balances reflect resources authorized by Congress to pay future social security benefits, but do not consist of real economic assets that can be used in the future to fund benefits, and that such balances are claims against the United States Treasury that, when redeemed, must be financed through increased taxes, public borrowing, benefit reduction, or elimination of other Federal expenditures.''. SEC. 3. MATERIAL TO BE INCLUDED IN SOCIAL SECURITY ACCOUNT STATEMENT. Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a)) is amended-- (1) in paragraph (2)(C) by striking ``and''; (2) in paragraph (2)(D) by striking the period and inserting ``; and''; (3) in paragraph (2), by adding at the end the following new subparagraph: ``(E)(i) as determined by the Chief Actuary of the Social Security Administration-- ``(I) a comparison of the annual social security tax inflows (including amounts appropriated under subsections (a) and (b) of section 201 of this Act and section 121(e) of the Social Security Amendments of 1983 (26 U.S.C. 401 note)) to the amount paid in benefits annually; and ``(II) a statement whether the ratio described in subclause (I) will result in a cash flow deficit and what year any such deficit will commence, as well as the first year in which funds in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will cease to be sufficient to cover any such deficit and the percentage of benefits due at that time that could be paid from the annual social security tax inflows (as that term is used in subclause (I)); ``(ii) the explanation required by section 201(c)(2)(G); and ``(iii) an explanation, in simple and easily understood terms, of the average rate of return that a taxpayer can expect to receive on old-age insurance benefits as compared to the total amount of social security taxes a taxpayer expects to pay, including the inflation-adjusted average rate of return for workers born in every year beginning with 1900, set out in chart or graph form, with an explanatory caption or legend, as determined by the Chief Actuary of the Social Security Administration.''. SEC. 4. USE OF CONTINUOUS WORK HISTORY SAMPLE FOR STATISTICAL RESEARCH. (a) Data To Be Made Available.--Notwithstanding any other provision of law, the Social Security Administration shall make available to the public the Continuous Work History Sample (referred to in this section as the ``CWHS'') data administered by such Administration subject to the restrictions provided for in subsections (b) and (c). (b) Limitations on Release of Data.--The Office of Research and Statistics of the Social Security Administration shall make statistical samples of individual records from the CWHS available to a user if the user-- (1) agrees to make use of the data from the CWHS solely for the purpose of conducting statistical research activities; (2) agrees in writing to such conditions as may be reasonably determined by the Commissioner of the Social Security Administration to be necessary to ensure that data from the CWHS is not made available in individually identifiable form; and (3) fully reimburses the Office of Research and Statistics for the cost of supplying the data. (c) No Personally Identifiable Information.--To protect privacy, the Office of Research and Statistics of the Social Security Administration shall remove all identifiers which can link CWHS records to the identity of an individual respondent prior to the release of the data. (d) Definitions.--In this section-- (1) the term ``Continuous Work History Sample'' means the statistical sample of individual administrative records held by the Social Security Administration; and (2) the term ``user'' means any individual or legal entity, including an employee of the Federal Government, who receives access to the Continuous Work History Sample.

Social Security Right To Know Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require a certain annual report by the Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance Trust Funds on the operation and status of such Funds to include information on: (1) the unfunded long-term projected liability of the Social Security system and any change in such amount from the preceding year as well as the deficit or surplus that the system will run in the last year of the long-term projection period, with any aggregate assets or liabilities held by the Trust Funds in that final projected year; and (2) the economic model and relevant data used to make such projections.Requires Social Security account statements to contain: (1) a comparison of the annual Social Security tax inflows to the amount paid annually in benefits; and (2) a statement of whether the ratio will result in a cash flow deficit, what year such deficit will commence as well as the first year in which funds in the Trust Funds will cease to be sufficient to cover the deficit, and the percentage of benefits due at that time that could be paid from annual tax inflows. Requires account statements also to explain the average rate of return that a taxpayer can expect to receive on old- age insurance benefits as compared to the total amount of Social Security taxes a taxpayer expects to pay.Makes Social Security Administration Continuous Work History Sample data publicly available for statistical research purposes subject to certain limitations.

To modify the annual reporting requirements of the Social Security Act, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Export-Import Bank Reauthorization Act of 1997''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Extension of authority. Sec. 3. Tied aid credit fund authority. Sec. 4. Extension of authority to provide financing for the export of nonlethal defense articles or services the primary end use of which will be for civilian purposes. Sec. 5. Clarification of procedures for denying credit based on the national interest. Sec. 6. Administrative Counsel. Sec. 7. Advisory Committee for sub-Saharan Africa. Sec. 8. Increase in labor representation on the Advisory Committee of the Export-Import Bank. Sec. 9. Outreach to companies. Sec. 10. Clarification of the objectives of the Export-Import Bank. Sec. 11. Including child labor as a criterion for denying credit based on the national interest. Sec. 12. Prohibition relating to Russian transfers of certain missiles to the People's Republic of China. SEC. 2. EXTENSION OF AUTHORITY. (a) In General.--Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking ``until'' and all that follows through ``but'' and inserting ``until the close of business on September 30, 2001, but''. (b) Effective Date.--The amendment made by this section shall take effect on September 30, 1997. SEC. 3. TIED AID CREDIT FUND AUTHORITY. (a) Expenditures From Fund.--Section 10(c)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-3(c)(2)) is amended by striking ``through'' and all that follows through ``1997''. (b) Authorization.--Section 10(e) of such Act (12 U.S.C. 635i-3(e)) is amended by striking the first sentence and inserting the following: ``There are authorized to be appropriated to the Fund such sums as may be necessary to carry out the purposes of this section.''. SEC. 4. EXTENSION OF AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF NONLETHAL DEFENSE ARTICLES OR SERVICES THE PRIMARY END USE OF WHICH WILL BE FOR CIVILIAN PURPOSES. Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note; 108 Stat. 4376) is amended by striking ``1997'' and inserting ``2001''. SEC. 5. CLARIFICATION OF PROCEDURES FOR DENYING CREDIT BASED ON THE NATIONAL INTEREST. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended-- (1) in the last sentence, by inserting ``, after consultation with the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate,'' after ``President''; and (2) by adding at the end the following: ``Each such determination shall be delivered in writing to the President of the Bank, shall state that the determination is made pursuant to this section, and shall specify the applications or categories of applications for credit which should be denied by the Bank in furtherance of the national interest.''. SEC. 6. ADMINISTRATIVE COUNSEL. Section 3(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(e)) is amended-- (1) by inserting ``(1)'' after ``(e)''; and (2) by adding at the end the following: ``(2) The General Counsel of the Bank shall ensure that the directors, officers, and employees of the Bank have available appropriate legal counsel for advice on, and oversight of, issues relating to personnel matters and other administrative law matters by designating an attorney to serve as Assistant General Counsel for Administration, whose duties, under the supervision of the General Counsel, shall be concerned solely or primarily with such issues.''. SEC. 7. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA. (a) In General.--Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by inserting after paragraph (8) the following: ``(9)(A) The Board of Directors of the Bank shall take prompt measures, consistent with the credit standards otherwise required by law, to promote the expansion of the Bank's financial commitments in sub-Saharan Africa under the loan, guarantee, and insurance programs of the Bank. ``(B)(i) The Board of Directors shall establish and use an advisory committee to advise the Board of Directors on the development and implementation of policies and programs designed to support the expansion described in subparagraph (A). ``(ii) The advisory committee shall make recommendations to the Board of Directors on how the Bank can facilitate greater support by United States commercial banks for trade with sub-Saharan Africa. ``(iii) The advisory committee shall terminate 4 years after the date of enactment of this subparagraph.''. (b) Reports to Congress.--Within 6 months after the date of enactment of this Act, and annually for each of the 4 years thereafter, the Board of Directors of the Export-Import Bank of the United States shall submit to Congress a report on the steps that the Board has taken to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945 and any recommendations of the advisory committee established pursuant to such section. SEC. 8. INCREASE IN LABOR REPRESENTATION ON THE ADVISORY COMMITTEE OF THE EXPORT-IMPORT BANK. Section 3(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(d)(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) Not less than 2 members appointed to the Advisory Committee shall be representative of the labor community, except that no 2 representatives of the labor community shall be selected from the same labor union.''. SEC. 9. OUTREACH TO COMPANIES. Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is amended by adding at the end the following: ``(I) The President of the Bank shall undertake efforts to enhance the Bank's capacity to provide information about the Bank's programs to small and rural companies which have not previously participated in the Bank's programs. Not later than 1 year after the date of enactment of this subparagraph, the President of the Bank shall submit to Congress a report on the activities undertaken pursuant to this subparagraph.''. SEC. 10. CLARIFICATION OF THE OBJECTIVES OF THE EXPORT-IMPORT BANK. Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended in the first sentence by striking ``real income'' and all that follows to the end period and inserting: ``real income, a commitment to reinvestment and job creation, and the increased development of the productive resources of the United States''. SEC. 11. INCLUDING CHILD LABOR AS A CRITERION FOR DENYING CREDIT BASED ON THE NATIONAL INTEREST. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)), as amended by section 5, is amended in the next to the last sentence by inserting ``(including child labor)'' after ``human rights''. SEC. 12. PROHIBITION RELATING TO RUSSIAN TRANSFERS OF CERTAIN MISSILES TO THE PEOPLE'S REPUBLIC OF CHINA. Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the following: ``(12) Prohibition relating to russian transfers of certain missile systems.--If the President of the United States determines that the military or Government of the Russian Federation has transferred or delivered to the People's Republic of China an SS-N- 22 missile system and that the transfer or delivery represents a significant and imminent threat to the security of the United States, the President of the United States shall notify the Bank of the transfer or delivery as soon as practicable. Upon receipt of the notice and if so directed by the President of the United States, the Board of Directors of the Bank shall not give approval to guarantee, insure, extend credit, or participate in the extension of credit in connection with the purchase of any good or service by the military or Government of the Russian Federation.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Export-Import Bank Reauthorization Act of 1997 - Amends the Export-Import Bank Act of 1945 to extend the authority of the Export-Import Bank of the United States through FY 2001. Reauthorizes the Bank's tied aid credit program. (Sec. 4) Extends from FY 1997 through 2001 Bank authority to provide financing for the export of nonlethal defense articles or services whose primary end use will be for civilian purposes. (Sec. 5) Revises Bank procedures governing the denial of the extension of credit to foreign countries based on the national interest to: (1) require the President to consult with specified congressional committees before determining that such a denial is in the U.S. national interest; and (2) require written notification to the President of the Bank of such determination, including the applications or categories of applications for credit which should be denied. (Sec. 6) Directs the General Counsel of the Bank to designate an attorney to serve as Assistant General Counsel for Administration, whose duties shall include oversight of and advice to Bank directors, officers, and employees on personnel and other administrative law matters. (Sec. 7) Requires the Board of Directors of the Bank to: (1) take prompt measures to promote the expansion of its loan, guarantee, and insurance programs in sub-Saharan Africa; (2) establish an advisory committee to advise it on the implementation of policies and programs to support such expansion; and (3) report annually to the Congress on steps it has taken to implement such policies and programs and any advisory committee recommendations. (Sec. 8) Revises the composition of the Advisory Committee of the Bank to include the appointment of not fewer than two members from the labor community. (Sec. 9) Directs the President of the Bank to: (1) enhance the Bank's capacity to provide information about its programs to small and rural companies which have not previously participated in them; and (2) report to the Congress on such activities within one year of enactment of this Act. (Sec. 11) Includes child labor as a human rights criterion that could serve as the basis for a presidential determination that an application for Bank credit should be denied for nonfinancial or noncommercial considerations. (Sec. 12) Requires the President, if the Russian military or Government has transferred an SS-N-22 missile system to China and such transfer represents a threat to U.S. security, to notify the Bank as soon as practicable. Directs the Bank Board of Directors to deny any guarantee, insurance, or extension of credit in connection with purchases of Russian goods or services if so directed by the President.

Export-Import Bank Reauthorization Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Preemptive Foreign Policy and Military Planning Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Preemptive Foreign Policy and Military Planning'' (in this Act referred to as ``the Commission''). SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall review the doctrine of preemption adopted by the President in the National Security Strategy of the United States of America of September 2002 and assess the consequences and implications of its adoption for foreign policy and military planning. (b) Particular Issues.--In carrying out its duties under subsection (a), the Commission shall analyze the effect of the adoption of the doctrine of preemption on-- (1) foreign policy in key world theaters, including North Korea, Kashmir, Chechnya, the Taiwan Straits, Iran, Iraq, and other theaters of importance as determined by the Commission; (2) relations between the United States and nations located in regions surrounding key theaters and relations among nations located in regions surrounding key theaters; (3) present commitments to allies relating to mutual defense agreements, peacekeeping missions, joint military exercises, participation in international institutions, and coalition building; (4) efforts to conduct the war on terrorism in Afghanistan and elsewhere; (5) the deployment capabilities, readiness, recruiting and retention rates, morale, and force structure of the Armed Forces of the United States, including the Reserve and National Guard components, and the Coast Guard; (6) the deployability of forces in the event of a future crisis requiring-- (A) the defense of the United States, (B) the deterrence of aggression and coercion in critical regions, (C) the swift defeat of aggression in overlapping major conflicts, including the possibility of regime change or occupation, while preserving the option of calling for a decisive victory in one of those conflicts, and (D) the conduct of a limited number of smaller- scale contingency operations; (7) the capability of the defense manufacturing base in the United States to support the needs of the military, including-- (A) potential military supply deficiencies resulting from the inability of manufacturers of military supplies to respond to increased needs, and (B) the extent to which domestic manufacturers may face an increase in demand as a result of disagreements with foreign governments over preemptive action; and (8) the accounting and budgeting structure of the Department of Defense and its ability to track, report, and project operating costs. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed as follows: (1) 3 members shall be appointed by the majority leader of the Senate. (2) 3 members shall be appointed by the Speaker of the House of Representatives. (3) 2 members shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--The members shall have knowledge and expertise in matters to be studied by the Commission. (c) Terms.--Members shall be appointed for the life of the Commission. (d) Vacancies.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (e) Chair.--The Chair of the Commission shall be designated by the Speaker of the House of Representatives, after consulting with the majority leader of the Senate and the minority leaders of the House of Representatives and the Senate. (f) Security Clearance.--The appropriate executive departments and agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. (g) Deadline for Appointment.--The appointments of the members of the Commission shall be made no later than 3 months after the date of enactment of this Act. (h) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (i) Travel in Military Vehicles.--Members and personnel for the Commission may travel on aircraft, vehicles, or other conveyances of the Armed Forces of the United States when travel is necessary in the performance of a duty of the Commission except when the cost of commercial transportation is less expensive. (j) 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. (k) Retired Annuitants.--A member of the Commission who is an annuitant otherwise covered by section 8344 or section 8468 of title 5, United States Code, shall not be subject to the provisions of that section with respect to membership on the Commission by reason of membership on the Commission. (l) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (m) Meetings.-- (1) First meeting.--The Commission shall hold its first meeting on a date designated by the Speaker of the House of Representatives which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Commission shall meet upon the call of the Chair. SEC. 5. STAFF OF COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chair. The Director shall be paid a rate not to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (b) Additional Staff.--In addition to the Director, the Chair may appoint and fix the pay of up to 3 staff members, except that any staff member appointed under this subsection shall not be paid at a rate to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Staff of Federal Agencies.--Upon the request of the Chair of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. (a) In General.--The Commission shall transmit a final report to the President and Congress not later than 6 months after the date on which the Commission first meets. (b) Contents.--The final report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission and shall include any estimated budgetary costs or savings the Commission expects will result from sustaining a foreign policy of preemption. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date on which the Commission submits its final report to the President and Congress under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Commission on Preemptive Foreign Policy and Military Planning Act - Establishes the Commission on Preemptive Foreign Policy and Military Planning to: (1) review the doctrine of preemption adopted by the President in the National Security Strategy of the United States of America of September 2002; and (2) assess the consequences and implications of the doctrine for foreign policy and military planning.

To establish the Commission on Preemptive Foreign Policy and Military Planning.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Online Booking Scams Act of 2016''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Internet has become an important channel of commerce in the United States, accounting for billions of dollars in retail sales every year. (2) Hotel reservation transactions can be easily made online and online commerce has created a marketplace where consumers can shop for hotels, flights, car rentals, and other travel-related services and products across thousands of brands on a single platform. (3) Consumers should have the utmost clarity as to the company with which such consumers are transacting business online. (4) Actions by third-party sellers that misappropriate brand identity, trademark, or other marketing content are harmful to consumers. (5) Platforms offered by online travel agencies provide consumers with a valuable tool for comparative shopping for hotels and should not be mistaken for the unlawful third-party actors that commit such misappropriation. (6) The misleading and deceptive sales tactics companies use against customers booking hotel rooms online have resulted in the loss of sensitive financial and personal information, financial harm, and headache for consumers. (b) Sense of Congress.--It is the sense of Congress that-- (1) consumers benefit from the ability to shop for travel- related services and products on the innovative platforms offered by online travel agencies; (2) sellers on the Internet should provide consumers with clear, accurate information and such sellers should have an opportunity to compete fairly with one another; and (3) the Federal Trade Commission should revise the Internet Web site of the Commission to make it easier for consumers and businesses to report complaints of deceptive practices with respect to online booking of hotel reservations. SEC. 3. DEFINITIONS. In this Act: (1) Affiliation contract.--The term ``affiliation contract'' means, with respect to a hotel, a contract with the owner of the hotel, the entity that manages the hotel, or the franchisor of the hotel to provide online hotel reservation services for the hotel. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Exhibition organizer or meeting planner.--The term ``exhibition organizer or meeting planner'' means the person responsible for all aspects of planning, promoting, and producing a meeting, conference, event, or exhibition, including overseeing and arranging all hotel reservation plans and contracts for the meeting, conference, event, or exhibition. (4) Official housing bureau.--The term ``official housing bureau'' means the organization designated by an exhibition organizer or meeting planner to provide hotel reservation services for meetings, conferences, events, or exhibitions. (5) Party directly affiliated.--The term ``party directly affiliated'' means, with respect to a hotel, a person who has entered into an affiliation contract with the hotel. (6) Third party online hotel reservation seller.--The term ``third party online hotel reservation seller'' means any person that-- (A) sells any good or service with respect to a hotel in a transaction effected on the Internet; and (B) is not-- (i) a party directly affiliated with the hotel; or (ii) an exhibition organizer or meeting planner or the official housing bureau for a meeting, conference, event, or exhibition held at the hotel. SEC. 4. REQUIREMENTS FOR THIRD PARTY ONLINE HOTEL RESERVATION SELLERS. (a) In General.--It shall be unlawful for a third party online hotel reservation seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a transaction effected on the Internet with respect to a hotel unless the third party online hotel reservation seller-- (1) clearly and conspicuously discloses to the consumer all material terms of the transaction, including-- (A) before the conclusion of the transaction-- (i) a description of the good or service being offered; and (ii) the cost of such good or service; and (B) in a manner that is continuously visible to the consumer throughout the transaction process, the fact that the person is a third party online hotel reservation seller and is not-- (i) affiliated with the person who owns the hotel or provides the hotel services or accommodations; or (ii) an exhibition organizer or meeting planner or the official housing bureau for a meeting, conference, event, or exhibition held at the hotel; or (2) includes prominent and continuous disclosure of the brand identity of the third party online hotel reservation seller throughout the transaction process, both online and over the phone. (b) Enforcement by Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a) by a person subject to such subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking.-- (i) In general.--The Commission may promulgate such rules as the Commission considers appropriate to enforce this section. (ii) Procedures.--The Commission shall carry out any rulemaking under clause (i) in accordance with section 553 of title 5, United States Code. (c) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to subsection (a). (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1) against a person described in subsection (d)(1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) State coordination with federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State shall coordinate with the Commission before bringing a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

Stop Online Booking Scams Act of 2016 This bill prohibits third party online hotel reservation sellers from charging a consumer's credit card or financial accounts in an Internet transaction for a hotel unless they disclose: (1) a description of the offered good or service, the cost, and other material terms before the conclusion of the transaction; (2) that the third party seller is not affiliated with the person who owns or provides the hotel services or accommodations and is not an exhibition organizer, a meeting planner, or the official housing bureau for an event at the hotel; and (3) the brand identity of the third party both online and over the phone. The bill provides authority to the Federal Trade Commission (FTC) and states to enforce against violations. The bill also expresses the sense of Congress that the FTC should revise its website to make it easier for consumers and businesses to report complaints of deceptive practices with respect to online booking of hotel reservations.

Stop Online Booking Scams Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Health Account Act of 2008''. SEC. 2. RETIREMENT HEALTH ARRANGEMENT. (a) In General.--Section 401 of the Internal Revenue Code of 1986 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended by redesignating subsection (o) as subsection (p) and inserting after subsection (n) the following new subsection: ``(o) Retirement Health Plan.-- ``(1) In general.-- ``(A) Treated in same manner as 401(k).--Except as provided in this subsection, a retirement health arrangement shall be treated for purposes of this title in the same manner as an qualified cash or deferred arrangement described in section 401(k)(2). ``(B) Separate application of applicable rules.-- Rules made applicable by reason of this paragraph shall be applied separately with respect to retirement health arrangements and other qualified cash or deferred arrangements of the individual. ``(2) Retirement health arrangement.--For purposes of this subsection, the term `retirement health arrangement' means a cash or deferred arrangement described in section 401(k)(2) which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a retirement health arrangement. ``(3) Contributions after medicare eligibility.--Except in the case of a rollover contribution described in paragraph (5)(A), no contributions may be made to an employee's retirement health arrangement during calendar years beginning after the first month such employee is entitled to benefits under title XVIII of the Social Security Act. ``(4) Treatment of distributions.-- ``(A) In general.--Any amounts distributed from a retirement health arrangement shall be included in gross income, unless such amount is used exclusively to pay qualified medical retirement expenses of the employee. ``(B) Qualified retirement medical expense.--For purposes of this section, the term `qualified retirement medical expense' means, with respect to an individual, amounts paid by such individual for medical care (as defined in section 213(d)) of the individual, the individual's spouse, or a dependent of the individual, but only if such payments are made on or after the date that the individual attains age 55. ``(C) Hardship distributions.--Subparagraph (A) shall not apply to any amount paid or distributed-- ``(i) on or after disability of the employee, ``(ii) if such amount is used exclusively to pay for insurance covering medical care with respect to the individual, the individual's spouse, or a dependent of the individual during a period of unemployment of the individual, or ``(iii) if such amount is used exclusively to pay for medical care under circumstances that, to the extent provided in regulations, constitute a hardship. ``(D) Other distribution rules.-- ``(i) Plan termination.--Subparagraph (A) shall not apply to amounts paid or distributed on or after an event described in paragraph (10) of subsection (k). ``(ii) Excess contributions.--Rules similar to the rules of section 401(k)(8) shall apply for purposes of this subsection. ``(iii) No minimum distribution requirement prior to death.--Section 401(a)(9) and the incidental death benefit requirement of section 401(a) shall not apply for purposes of this subsection. ``(iv) After death of employee.--Rules similar to the rules of paragraph (8) of section 223(f) shall apply for purposes of this section. ``(5) Definitions and special rules.--For purposes of this subsection-- ``(A) Rollover contributions.--An amount is described in this subparagraph as a rollover contribution if it meets the requirements of clauses (i) and (ii). ``(i) In general.--Paragraph (4)(A) shall not apply to any amount paid or distributed from a retirement health arrangement to the account holder to the extent the amount received is paid into a retirement health arrangement or individual health account (as defined in section 408B) for the benefit of such holder not later than the 60th day after the day on which the holder receives the payment or distribution. ``(ii) Limitation.--This subparagraph shall not apply to any amount described in clause (i) received by an individual from a retirement health arrangement if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in clause (i) from a retirement health arrangement which was not includible in the individual's gross income because of the application of this subparagraph. ``(B) Coordination with medical expense deduction.--For purposes of determining the amount of the deduction under section 213, any payment or distribution out of a retirement health arrangement shall not be treated as an expense paid for medical care, to the extent such payment or distribution was not included in gross income. ``(C) No exclusive plan requirement.--Section 401(k)(11)(A)(ii) shall not apply with respect to a retirement health arrangement. ``(D) Application of participation and discrimination standards.--An employer may elect, at such time and in such form and manner as the Secretary shall by regulation prescribe, to treat any qualified cash or deferred arrangement and retirement health arrangement maintained by the employer as 1 arrangement for purposes of meeting the requirements of section 401(k)(3)(A)(ii).''. (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2008. SEC. 3. INDIVIDUAL HEALTH ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408A the following new section: ``SEC. 408B. INDIVIDUAL HEALTH ACCOUNTS. ``(a) In General.-- ``(1) Treated in same manner as ira.--Except as provided in this section, an individual health account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(2) Separate application of rules.--Rules made applicable by reason of this paragraph shall be applied separately with respect to individual health accounts and individual retirement plans of the individual. ``(b) Individual Health Account.--For purposes of this title, the term `individual health account' means an individual retirement plan (as defined in section 7701(a)(37)) which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as an individual health account. ``(c) Contributions.-- ``(1) Retirement health savings refund payment.--Section 408(a)(1) shall not apply with respect to a payment under section 6431. ``(2) Contributions after medicare eligibility.--Except in the case of a rollover contribution described in subsection (e)(1), no contributions may be made to an employee's retirement health arrangement during calendar years beginning after the first month such employee is entitled to benefits under title XVIII of the Social Security Act. ``(d) Treatment of Distributions.-- ``(1) In general.--Any amounts distributed from an individual health account shall be included in gross income, unless such amount is used exclusively to pay qualified medical retirement expenses of the account beneficiary. ``(2) Qualified retirement medical expense.--For purposes of this section, the term `qualified retirement medical expense' shall have the meaning given such term by section 401(o)(4) (relating to retirement health arrangements). ``(3) Hardship distributions.--Paragraph (1) shall not apply to any amount paid or distributed-- ``(A) on or after disability (within the meaning of section 72(m)(7)) of the account beneficiary, ``(B) if such amount is used exclusively to pay for insurance covering medical care with respect to the individual, the individual's spouse, or a dependent of the individual during a period of unemployment of the account beneficiary, or ``(C) if such amount is used exclusively to pay for medical care under circumstances that, to the extent provided in regulations, constitute a hardship. ``(4) Other distribution rules.-- ``(A) Excess contributions; transfer of account incident to divorce.--Rules similar to the rules of paragraphs (4) through (6) of section 408(d) shall apply for purposes of this section. ``(B) No minimum distribution requirement prior to death.--Notwithstanding subsections (a)(6) and (b)(6), section 401(a)(9) and the incidental death benefit requirement of section 401(a) shall not apply for purposes of this subsection. ``(C) Treatment after death of account beneficiary.--Rules similar to the rules of paragraph (8) of section 223(f) shall apply for purposes of this section. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Rollover contributions.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of clauses (i) and (ii). ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed from an individual health account to the account holder to the extent the amount received is paid into an individual health account or retirement health arrangement (as defined in section 401(o)(2)) for the benefit of such holder not later than the 60th day after the day on which the holder receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in paragraph (A) received by an individual from an individual health account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from an individual health account which was not includible in the individual's gross income because of the application of this paragraph. ``(2) Coordination with medical expense deduction.--For purposes of determining the amount of the deduction under section 213, any payment or distribution out of an individual health account shall not be treated as an expense paid for medical care, to the extent such payment or distribution was not included in gross income. ``(3) Account beneficiary.--The term `account beneficiary' means the individual on whose behalf the retiree health savings account is established.''. (b) Clerical Amendment.--The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408A the following new item: ``Sec. 408B. Individual health accounts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. PORTION OF SAVER'S CREDIT REFUNDABLE. (a) In General.--Section 25B of such Code (relating to elective deferrals and IRA contributions by certain individuals) is amended by adding at the end the following new subsection: ``(h) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) $1,000, or ``(B) the amount of the credit attributable to qualified retirement savings contributions made by the individual to individual health accounts and retirement health arrangements which would be allowed under this section (without regard to this subsection and the limitation under section 26(a)(2) or subsection (g), as the case may be). The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a)(2) or subsection (g), as the case may be. ``(2) Limitation.--The amount of the credit allowed under this subsection for any taxable year shall not exceed an amount equal to the excess (if any) of-- ``(A) $5,000, over ``(B) the aggregate amount of credits allowed under this subsection for all prior taxable years. ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2009, the $1,000 amount contained in paragraph (1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.''. (b) Refund Payable to Health Account.-- (1) In general.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. RETIREMENT HEALTH SAVINGS REFUND PAYMENT. ``(a) In General.--In the case of a credit allowed to an individual which is attributable to an increase under section 25B(h), the Secretary shall pay the amount of such credit into the designated retirement account of the individual. ``(b) Designated Retirement Account.--The term `designated retirement account' means any individual health account or retirement health arrangement of the individual-- ``(1) which is designated (in such form and manner as the Secretary may provide) on the individual's return of tax for the taxable year to receive the payment under subsection (a), and ``(2) which, under the terms of the account or arrangement, accepts the payment described in paragraph (1). ``(c) Payment Not Treated as an Annual Addition.--For purposes of section 415(c) (relating to limitation for defined contribution plans), a payment under section 6431 shall not be treated as an annual addition.''. (2) Clerical amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Retirement health savings refund payment.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Retiree Health Account Act of 2008 - Amends the Internal Revenue Code to: (1) establish tax-exempt retirement health arrangements and individual health accounts to assist retirees in paying their medical expenses; (2) make a portion of the tax credit for retirement plan contributions refundable for contributions to retirement health savings accounts; and (3) direct the Secretary of the Treasury to pay refundable credit amounts to retirement health savings accounts.

To amend the Internal Revenue Code of 1986 to provide for tax-favored retirement health savings accounts, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) in section 1103(a)(2) of the Water Resources Development Act of 1986 (100 Stat. 4225), Congress recognized the Upper Mississippi River System as ``a nationally significant ecosystem and a nationally significant commercial navigation system'' and declared that the system ``shall be administered and regulated in recognition of its several purposes''; (2) inaction on construction of new locks will lead to economic decline, and inaction on implementation of an enhanced ecosystem restoration program will lead to further environmental decline; (3) the Upper Mississippi River and Illinois Waterway carry approximately 60 percent of the corn exports of the United States and 45 percent of the soybean exports of the United States, providing a significant positive balance of trade benefit for the Nation; (4) the movement of more than 100,000,000 tons of product supports 400,000 full- and part-time jobs in the United States, generating over $4,000,000,000 in income and $12,000,000,000 to $15,000,000,000 in economic activity; (5) Midwestern utilities use coal, the second largest category of cargo shipped on the Upper Mississippi River System, to produce cost-efficient energy; (6) keeping the cost of transportation lower through competition between transportation modes is the United States farmer's competitive advantage in capturing future global growth in agricultural exports; (7) United States farm and trade policies work to open world markets and promote United States exports, and water resource policy has provided a low-cost transportation alternative to other modes; (8) the Department of Agriculture projects that corn exports will grow 44 percent over the next decade, with a \1/3\ increase in growth exported through the Gulf of Mexico; (9) United States exports of soybeans and soybean products topped 1,000,000,000 bushels for the third straight year in 2003, with roughly 75 percent exported through the Port of New Orleans via the Mississippi waterways and its tributaries; (10) those transportation savings-- (A) provide higher income to farmers and rural communities; and (B) generate Federal and State taxes to support community activities, quality of life, and national benefits; (11) the construction of new 1,200-foot locks and lock extensions will provide more than 48,000,000 man-hours of employment over 10 to 15 years; (12) foreign competitors have worked over the last 10 years to improve foreign transportation infrastructure to compete more effectively with United States production; (13) the inland waterway transportation system moves 16 percent of the freight in the United States for 2 percent of the cost, including more than 100,000,000 tons on the Upper Mississippi River System; (14) the Department of Transportation projects that freight congestion on the roads and rails in the United States will double in the next 25 years and that water transportation will need to play an increasing role in moving freight; (15) the movement of 100,000,000 tons on the river system in 4,400 15-barge tows out of harms way would require an equivalent of 4,000,000 trucks or 1,000,000 rail cars moving directly through our communities; (16) econometric models are useful analytic tools to provide valuable information, but are unable to account for every market trend, development, and public policy impact; (17) the current capacity of the Upper Mississippi River System is-- (A) declining by 10 percent annually because of unplanned closures of a 70-year old infrastructure; and (B) reducing the potential for sustained growth; (18) the current 600-foot lock system was designed for steamboats, at a time when 4,000,000 tons moved on the Mississippi River and a total of 2,000,000,000 bushels of corn were produced nationally, compared to today, when 100,000,000 to 120,000,000 tons are shipped and the national production of corn exceeds 10,000,000,000 bushels; (19) the 600-foot locks at Locks and Dam Nos. 20, 21, 22, 24, and 25 on the Upper Mississippi River and LaGrange and Peoria on the Illinois Waterway are operating at 80 percent utilization and are unable to provide for or process effectively the volatile growth of traditional export grain markets; (20) based on the current construction schedule of new locks and dams on the inland system, lock modernization will need to take place over 30 years, starting immediately, as an imperative to avoid lost export grain sales and diminished national competitiveness; (21) the Corps of Engineers has been studying the needs for national investments on the Upper Mississippi River System for the last 15 years and has based initial recommendations on the best available information and science; (22) the Upper Mississippi and Illinois Rivers ecosystem consists of hundreds of thousands of acres of bottomland forests, islands, backwaters, side channels, and wetlands; (23) the river ecosystem is home to 270 species of birds, 57 species of mammals, 45 species of amphibians and reptiles, 113 species of fish, and nearly 50 species of mussels; (24) more than 40 percent of migratory waterfowl and shorebirds in North America depend on the river for food, shelter, and habitat during migration; (25) the annual operation of the Upper Mississippi River Basin needs to take into consideration opportunities for ecosystem restoration; (26) development since the 1930s has altered and reduced the biological diversity of the large flood plain river systems of the Upper Mississippi and Illinois Rivers; (27) Congress recognizes the need for significant Federal investment in the restoration of the Upper Mississippi and Illinois River ecosystems; (28) the Upper Mississippi River System provides important economic benefits from recreational and tourist uses, resulting in the basin's receiving more visitors annually than most National Parks, with the ecosystems and wildlife being the main attractions; (29) the Upper Mississippi River System-- (A) includes 284,688 acres of National Wildlife Refuge land that is managed as habitat for migratory birds, fish, threatened and endangered species, and a diverse assortment of other species and related habitats; and (B) provides many recreational opportunities; and (30) the Upper Mississippi River System also includes over 975,000 acres of land protected by levees and needs a balanced ecosystem restoration program that adequately considers the existing network of flood control infrastructure that protects thousands of homes and businesses. SEC. 2. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM. (a) Definitions.--In this section, the following definitions apply: (1) Plan.--The term ``Plan'' means the preferred integrated plan contained in the document entitled ``Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR-IWW System Navigation Feasibility System'' and dated April 29, 2004. (2) Secretary.--The term ``Secretary'' means the Secretary of the Army. (3) Upper mississippi river and illinois waterway system.-- The term ``Upper Mississippi River and Illinois Waterway System'' means the projects for navigation and ecosystem restoration authorized by Congress for-- (A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and (B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0. (b) Authorization of Construction of Navigation Improvements.-- (1) Small scale and nonstructural measures.--At a cost of $24,000,000 in funds from the general fund of the Treasury, to be matched in an equal amount from the Inland Waterways Trust Fund (which is paid by private users), the Secretary shall-- (A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock; (B) provide switchboats at Locks 20 through 25 over 5 years for project operation; and (C) conduct development and testing of an appointment scheduling system. (2) New locks.--At a cost of $730,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterways Trust Fund (which is paid by the private users), the Secretary shall construct new 1,200- foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway. (3) Mitigation.--At a cost of $100,000,000 in funds from the general fund of the Treasury, with an equal matching amount provided from the Inland Waterway Trust Fund (which is paid by private users), the Secretary shall conduct mitigation for new locks and small scale and nonstructural measures authorized under paragraphs (1) and (2). (c) Ecosystem Restoration Authorization.-- (1) Operation.--To ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid any adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River. (2) Ecosystem restoration projects.-- (A) In general.--The Secretary shall carry out, consistent with requirements to avoid any adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan. (B) Projects included.--Ecosystem restoration projects may include-- (i) island building; (ii) construction of fish passages; (iii) floodplain restoration; (iv) water level management (including water drawdown); (v) backwater restoration; (vi) side channel restoration; (vii) wing dam and dike restoration and modification; (viii) island and shoreline protection; (ix) topographical diversity; (x) dam point control; (xi) use of dredged material for environmental purposes; (xii) tributary confluence restoration; (xiii) spillway modification to benefit the environment; (xiv) land easement authority; and (xv) land acquisition. (C) Cost sharing.-- (i) In general.--Except as provided in clause (ii), the Federal share of the cost of carrying out an ecosystem restoration project under this paragraph shall be 65 percent. (ii) Exception for certain restoration projects.--In the case of a project under this paragraph for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project-- (I) is located below the ordinary high water mark or in a connected backwater; (II) modifies the operation or structures for navigation; or (III) is located on federally owned land. (iii) Nongovernmental organizations.-- Nongovernmental organizations shall be eligible to contribute the non-Federal cost-sharing requirements applicable to projects under this paragraph. (D) Land acquisition.--The Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing owner through conveyance of-- (i) fee title to the land; or (ii) a flood plain conservation easement. (3) Specific projects authorization.-- (A) In general.--Subject to subparagraph (B), the ecosystem restoration projects described in paragraph (2) shall be carried out at a total construction cost of $1,460,000,000. (B) Limitation on available funds.--Of the amounts made available under subparagraph (A), not more than $35,000,000 for each fiscal year shall be available for land acquisition under paragraph (2)(D). (4) Implementation reports.-- (A) In general.--Not later than June 30, 2005, and every 4 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that-- (i) includes baselines, benchmarks, goals, and priorities for ecosystem restoration projects; and (ii) measures the progress in meeting the goals. (B) Advisory panel.-- (i) In general.--The Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under subparagraph (A). (ii) Panelists.--Panelists shall include-- (I) 1 representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin; (II) 1 representative of the Department of Agriculture; (III) 1 representative of the Department of Transportation; (IV) 1 representative of the United States Geological Survey; (V) 1 representative of the United States Fish and Wildlife Service; (VI) 1 representative of the Environmental Protection Agency; (VII) 1 representative of affected landowners; (VIII) 2 representatives of conservation and environmental advocacy groups; and (IX) 2 representatives of agriculture and industry advocacy groups. (iii) Co-chairpersons.--The Secretary and the Secretary of the Interior shall serve as co-chairpersons of the advisory panel. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (c) for fiscal years 2006 through 2020. (2) Special rules.--After fiscal year 2020-- (A) funds that have been made available under this subsection, but have not been expended, may be expended; and (B) funds that have been authorized to be appropriated by this subsection, but have not been made available, may be made available.

Directs the Secretary of the Army (at a specified cost of Treasury funds to be matched by the Inland Waterways Trust Fund, which is paid by private users) to: (1) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock, provide switch boats at Locks 20 through 25 over five years for project operation, and conduct development and testing of an appointment scheduling system; (2) construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway; and (3) conduct mitigation for new locks and small scale and nonstructural measures authorized under this Act. Directs the Secretary to modify the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River. Directs the Secretary to carry out ecosystem restoration projects to attain and maintain the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the preferred integrated plan contained in the Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR-IWW System Navigation Feasibility System, dated April 29, 2004. Lists projects that may be included, such as island building, floodplain restoration, and land acquisition. Directs the Secretary to: (1) submit implementation reports to specified congressional committees; and (2) appoint and convene an advisory panel.

To enhance navigation capacity improvements and the ecosystem restoration plan for the Upper Mississippi River and Illinois Waterway System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Elephant Conservation and Legal Ivory Possession Act of 2014''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the African Elephant Conservation Act (16 U.S.C. 4201 et seq.). SEC. 3. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY. Section 2203 (16 U.S.C. 4223) is amended-- (1) by inserting ``(a) In General.--'' before the first sentence; (2) by inserting ``and subsection (b) of this section'' after ``2202(e)''; and (3) by adding at the end the following: ``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit importation or exportation, or to require permission of the Secretary for importation or exportation, of-- ``(1) any raw ivory or worked ivory-- ``(A) imported solely for purposes of becoming part of a museum's permanent collection, return to a lending museum, or display in a museum; or ``(B) exported solely for purposes of-- ``(i) display in a foreign museum; or ``(ii) return to a foreign person who lent such ivory to a museum in the United States; ``(2) any raw ivory or worked ivory that was lawfully importable into the United States on February 24, 2014, regardless of when acquired; or ``(3) any worked ivory that was previously lawfully possessed in the United States.''. SEC. 4. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the following: ``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. ``The Secretary, in coordination with the Secretary of State, may station one United States Fish and Wildlife Service law enforcement officer in the primary United States diplomatic or consular post in each African country that has a significant population of African elephants, who shall assist local wildlife rangers in the protection of African elephants and facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants.''. SEC. 5. CERTIFICATION FOR THE PURPOSES OF THE FISHERMEN'S PROTECTIVE ACT OF 1967. Section 2202 of the African Elephant Conservation Act (16 U.S.C. 4222) is amended by adding at the end the following: ``(g) Certification.--When the Secretary of the Interior finds that a country, directly or indirectly, is a significant transit or destination point for illegal ivory trade, the Secretary shall certify such fact to the President with respect to the country for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978 (a)).''. SEC. 6. TREATMENT OF ELEPHANT IVORY. Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following: ``(c) Treatment of Elephant Ivory.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed-- ``(1) to prohibit, or to authorize prohibiting, the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory, or any product containing African elephant ivory, that has been lawfully imported or crafted in the United States; or ``(2) to authorize using any means of determining for purposes of this Act or the Endangered Species Act of 1973 whether African elephant ivory has been lawfully imported, including any presumption or burden of proof applied in such determination, other than such means used by the Secretary as of February 24, 2014.''. SEC. 7. SPORT-HUNTED ELEPHANT TROPHIES. Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following: ``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or legal resident of the United States, or an agent of such an individual, from importing a sport-hunted African elephant trophy under section 2202(e) of this Act, if the country in which the elephant was taken has an elephant population on Appendix II of CITES at the time the trophy is imported. ``(e) Relationship to the Convention.--Nothing in this section shall be construed as modifying or repealing the Secretary's duties to implement CITES and the appendices thereto, or as modifying or repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a and 1538(c)).''. SEC. 8. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY AND REAUTHORIZATION. (a) Financial Assistance Priority.--Section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following: ``(e) Priority.--In providing financial assistance under this section, the Secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts.''. (b) Reauthorization.--Section 2306(a) of the African Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' and inserting ``2015 through 2019''.

African Elephant Conservation and Legal Ivory Possession Act of 2014 - Reauthorizes the African Elephant Conservation Act (AECA) through FY2019. Authorizes ivory to be imported or exported under the AECA and the Endangered Species Act of 1973 (ESA) if: (1) the raw ivory or worked ivory is solely for a museum; (2) it was lawfully importable into the United States on February 24, 2014, regardless of when it was acquired; or (3) the worked ivory was previously lawfully possessed in the United States. Authorizes the Department of the Interior to station one U.S. Fish and Wildlife Service law enforcement officer in the primary U.S. diplomatic or consular post in each African country that has a significant population of African elephants to assist local wildlife rangers in protecting the elephants and facilitating the apprehension of individuals who illegally kill them or assist in killing them. Requires Interior to certify a finding that a county is a significant transit or destination point for illegal ivory trade and report the certification to the President for the purposes of the Pelly Amendment to the Fishermen's Protective Act of 1967. (The Pelly Amendment authorizes the President to embargo wildlife products when the Interior certifies that a country is engaging in trade or certain actions that diminish the effectiveness of an international agreement for the conservation of endangered or threatened species.) Authorizes under the AECA and ESA: (1) the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory that has been lawfully imported or crafted in the United States, and (2) the importation of a sport-hunted African elephant trophy if the country in which the elephant was taken has elephants that are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at the time the trophy is imported.

African Elephant Conservation and Legal Ivory Possession Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helium Privatization Act of 1996''. SEC. 2. AMENDMENT OF HELIUM ACT. 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 Helium Act (50 U.S.C. 167 to 167n). SEC. 3. AUTHORITY OF SECRETARY. Sections 3, 4, and 5 are amended to read as follows: ``SEC. 3. AUTHORITY OF SECRETARY. ``(a) Extraction and Disposal of Helium on Federal Lands.-- ``(1) In general.--The Secretary may enter into agreements with private parties for the recovery and disposal of helium on Federal lands upon such terms and conditions as the Secretary deems fair, reasonable, and necessary. ``(2) Leasehold rights.--The Secretary may grant leasehold rights to any such helium. ``(3) Limitation.--The Secretary may not enter into any agreement by which the Secretary sells such helium other than to a private party with whom the Secretary has an agreement for recovery and disposal of helium. ``(4) Regulations.--Agreements under paragraph (1) may be subject to such regulations as may be prescribed by the Secretary. ``(5) Existing rights.--An agreement under paragraph (1) shall be subject to any rights of any affected Federal oil and gas lessee that may be in existence prior to the date of the agreement. ``(6) Terms and conditions.--An agreement under paragraph (1) (and any extension or renewal of an agreement) shall contain such terms and conditions as the Secretary may consider appropriate. ``(7) Prior agreements.--This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence on the date of enactment of the Helium Privatization Act of 1996 except to the extent that such agreements are renewed or extended after that date. ``(b) Storage, Transportation, and Sale.--The Secretary may store, transport, and sell helium only in accordance with this Act. ``SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE HELIUM. ``(a) Storage, Transportation, and Withdrawal.--The Secretary may store, transport, and withdraw crude helium and maintain and operate crude helium storage facilities, in existence on the date of enactment of the Helium Privatization Act of 1996 at the Bureau of Mines Cliffside Field, and related helium transportation and withdrawal facilities. ``(b) Cessation of Production, Refining, and Marketing.--Not later than 18 months after the date of enactment of the Helium Privatization Act of 1996, the Secretary shall cease producing, refining, and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this Act before the date of enactment of the Helium Privatization Act of 1996, except activities described in subsection (a). ``(c) Disposal of Facilities.-- ``(1) In general.--Subject to paragraph (5), not later than 24 months after the cessation of activities referred to in subsection (b) of this section, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium. ``(2) Applicable law.--The disposal of such property shall be in accordance with the Federal Property and Administrative Services Act of 1949. ``(3) Proceeds.--All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of section 6(f). ``(4) Costs.--All costs associated with such sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium production fund established under section 6(f). ``(5) Exception.--Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage, transportation, and withdrawal of crude helium or any equipment, facilities, or other real or personal property, required to maintain the purity, quality control, and quality assurance of crude helium in the Bureau of Mines Cliffside Field. ``(d) Existing Contracts.-- ``(1) In general.--All contracts that were entered into by any person with the Secretary for the purchase by the person from the Secretary of refined helium and that are in effect on the date of the enactment of the Helium Privatization Act of 1996 shall remain in force and effect until the date on which the refining operations cease, as described in subsection (b). ``(2) Costs.--Any costs associated with the termination of contracts described in paragraph (1) shall be paid from the helium production fund established under section 6(f). ``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL. ``(a) In General.--Whenever the Secretary provides helium storage withdrawal or transportation services to any person, the Secretary shall impose a fee on the person to reimburse the Secretary for the full costs of providing such storage, transportation, and withdrawal. ``(b) Treatment.--All fees received by the Secretary under subsection (a) shall be treated as moneys received under this Act for purposes of section 6(f).''. SEC. 4. SALE OF CRUDE HELIUM. (a) Subsection 6(a) is amended by striking ``from the Secretary'' and inserting ``from persons who have entered into enforceable contracts to purchase an equivalent amount of crude helium from the Secretary''. (b) Subsection 6(b) is amended-- (1) by inserting ``crude'' before ``helium''; and (2) by adding the following at the end: ``Except as may be required by reason of subsection (a), sales of crude helium under this section shall be in amounts as the Secretary determines, in consultation with the helium industry, necessary to carry out this subsection with minimum market disruption.''. (c) Subsection 6(c) is amended-- (1) by inserting ``crude'' after ``Sales of''; and (2) by striking ``together with interest as provided in this subsection'' and all that follows through the end of the subsection and inserting ``all funds required to be repaid to the United States as of October 1, 1995 under this section (referred to in this subsection as `repayable amounts'). The price at which crude helium is sold by the Secretary shall not be less than the amount determined by the Secretary by-- ``(1) dividing the outstanding amount of such repayable amounts by the volume (in million cubic feet) of crude helium owned by the United States and stored in the Bureau of Mines Cliffside Field at the time of the sale concerned, and ``(2) adjusting the amount determined under paragraph (1) by the Consumer Price Index for years beginning after December 31, 1995.''. (d) Subsection 6(d) is amended to read as follows: ``(d) Extraction of Helium From Deposits on Federal Lands.--All moneys received by the Secretary from the sale or disposition of helium on Federal lands shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (c).''. (e) Subsection 6(e) is repealed. (f) Subsection 6(f) is amended-- (1) by striking ``(f)'' and inserting ``(e)(1)''; and (2) by adding the following at the end: ``(2)(A) Within 7 days after the commencement of each fiscal year after the disposal of the facilities referred to in section 4(c), all amounts in such fund in excess of $2,000,000 (or such lesser sum as the Secretary deems necessary to carry out this Act during such fiscal year) shall be paid to the Treasury and credited as provided in paragraph (1). ``(B) On repayment of all amounts referred to in subsection (c), the fund established under this section shall be terminated and all moneys received under this Act shall be deposited in the general fund of the Treasury.''. SEC. 5. ELIMINATION OF STOCKPILE. Section 8 is amended to read as follows: ``SEC. 8. ELIMINATION OF STOCKPILE. ``(a) Stockpile Sales.-- ``(1) Commencement.--Not later than January 1, 2005, the Secretary shall commence offering for sale crude helium from helium reserves owned by the United States in such amounts as would be necessary to dispose of all such helium reserves in excess of 600,000,000 cubic feet on a straight-line basis between such date and January 1, 2015. ``(2) Times of sale.--The sales shall be at such times during each year and in such lots as the Secretary determines, in consultation with the helium industry, to be necessary to carry out this subsection with minimum market disruption. ``(3) Price.--The price for all sales under paragraph (1), as determined by the Secretary in consultation with the helium industry, shall be such price as will ensure repayment of the amounts required to be repaid to the Treasury under section 6(c). ``(b) Discovery of Additional Reserves.--The discovery of additional helium reserves shall not affect the duty of the Secretary to make sales of helium under subsection (a).''. SEC. 6. REPEAL OF AUTHORITY TO BORROW. Sections 12 and 15 are repealed. SEC. 7. LAND CONVEYANCE IN POTTER COUNTY, TEXAS. (a) In General.--The Secretary of the Interior shall transfer all right, title, and interest of the United States in and to the parcel of land described in subsection (b) to the Texas Plains Girl Scout Council for consideration of $1, reserving to the United States such easements as may be necessary for pipeline rights-of-way. (b) Land Description.--The parcel of land referred to in subsection (a) is all those certain lots, tracts or parcels of land lying and being situated in the County of Potter and State of Texas, and being the East Three Hundred Thirty-One (E331) acres out of Section Seventy- eight (78) in Block Nine (9), B.S. & F. Survey, (some times known as the G.D. Landis pasture) Potter County, Texas, located by certificate No. 1/39 and evidenced by letters patents Nos. 411 and 412 issued by the State of Texas under date of November 23, 1937, and of record in Vol. 66A of the Patent Records of the State of Texas. The metes and bounds description of such lands is as follows: (1) First tract.--One Hundred Seventy-one (171) acres of land known as the North part of the East part of said survey Seventy-eight (78) aforesaid, described by metes and bounds as follows: Beginning at a stone 20 x 12 x 3 inches marked X, set by W.D. Twichell in 1905, for the Northeast corner of this survey and the Northwest corner of Section 59; Thence, South 0 degrees 12 minutes East with the West line of said Section 59, 999.4 varas to the Northeast corner of the South 160 acres of East half of Section 78; Thence, North 89 degrees 47 minutes West with the North line of the South 150 acres of the East half, 956.8 varas to a point in the East line of the West half Section 78; Thence, North 0 degrees 10 minutes West with the East line of the West half 999.4 varas to a stone 18 x 14 x 3 inches in the middle of the South line of Section 79; Thence, South 89 degrees 47 minutes East 965 varas to the place of beginning. (2) Second tract.--One Hundred Sixty (160) acres of land known as the South part of the East part of said survey No. Seventy-eight (78) described by metes and bounds as follows: Beginning at the Southwest corner of Section 59, a stone marked X and a pile of stones; Thence, North 89 degrees 47 minutes West with the North line of Section 77, 966.5 varas to the Southeast corner of the West half of Section 78; Thence, North 0 degrees 10 minutes West with the East line of the West half of Section 78; Thence, South 89 degrees 47 minutes East 965.8 varas to a point in the East line of Section 78; Thence, South 0 degrees 12 minutes East 934.6 varas to the place of beginning. Containing an area of 331 acres, more or less. SEC. 8. REPORT ON HELIUM. (a) Not later than three years before the date on which the Secretary commences offering for sale crude helium under section 8, the Secretary shall enter into appropriate arrangements with the National Academy of Sciences to study and report on whether such disposal of helium reserves will have a substantial adverse effect on United States scientific, technical, biomedical, or national security interests. (b) Not later than 18 months before the date on which the Secretary commences offering for sale crude helium under section 8, the Secretary shall transmit to the Congress-- (1) the report of the National Academy under subsection (a); (2) the findings of the Secretary, after consideration of the conclusions of the National Academy under subsection (a) and after consultation with the United States helium industry and with heads of affected Federal agencies, as to whether the disposal of the helium reserve under section 8 will have a substantial adverse effect on the United States helium industry, United States, helium market or United States, scientific, technological, biomedical, or national security interests; and (3) if the Secretary determines that selling the crude helium reserves under the formula established in section 8 will have a substantial adverse effect on the United States helium industry, the United States helium market or United States scientific, technological, biomedical, or national security interest, the Secretary shall make recommendations, including recommendations for proposed legislation, as may be necessary to avoid such adverse effects. Passed the House of Representatives April 30, 1996. Attest: ROBIN H. CARLE, Clerk.

Helium Privatization Act of 1996 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Requires the Secretary to make crude helium sales in amounts that will cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 7) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way. (Sec. 8) Directs the Secretary to: (1) enter into arrangements with the National Academy of Sciences to study and report to the Congress on whether disposal of helium reserves (including crude helium reserves) will have a substantial adverse effect upon U.S. scientific, technical, biomedical, or national security interests; (2) determine whether disposal of the helium reserve will have a substantial adverse effect on the U.S. helium industry, the U.S. helium market or such interests; and (3) if the Secretary determines that selling the crude helium reserves will have a substantial adverse effect on the industry, market, or such interests, make recommendations to the Congress, including proposed legislation, necessary to avoid such effects.

Helium Privatization Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Campbell National Wildlife Refuge Expansion Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Fish and Wildlife Service manages the James Campbell National Wildlife Refuge for the purpose of promoting the recovery of 4 species of endangered Hawaiian waterbirds; (2) the United States Fish and Wildlife Service leases approximately 240 acres of high-value wetland habitat (including ponds, marshes, freshwater springs, and adjacent land) and manages the habitat in accordance with the National Wildlife Refuge System Improvement Act (16 U.S.C. 668dd note; Public Law 105-312); (3) the United States Fish and Wildlife Service entered into a contract to purchase in fee title the land described in paragraph (2) from the estate of James Campbell for the purposes of-- (A) permanently protecting the endangered species habitat; and (B) improving the management of the Refuge; (4) the United States Fish and Wildlife Service has identified for inclusion in the Refuge approximately 800 acres of additional high-value wildlife habitat adjacent to the Refuge that are owned by the estate of James Campbell; (5) the land of the estate of James Campbell on the Kahuku Coast features coastal dunes, coastal wetlands, and coastal strand that promote biological diversity for threatened and endangered species, including-- (A) the 4 species of endangered Hawaiian waterbirds described in paragraph (1); (B) migratory shorebirds; (C) waterfowl; (D) seabirds; (E) endangered and native plant species; (F) endangered monk seals; and (G) green sea turtles; (6) because of extensive coastal development, habitats of the type within the Refuge are increasingly rare on the Hawaiian islands; (7) expanding the Refuge will provide increased opportunities for wildlife-dependent public uses, including wildlife observation, photography, and environmental education and interpretation; and (8) acquisition of the land described in paragraph (4)-- (A) will create a single, large, manageable, and ecologically-intact unit that includes sufficient buffer land to reduce impacts on the Refuge; and (B) is necessary to reduce flood damage following heavy rainfall to residences, businesses, and public buildings in the town of Kahuku. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Refuge.--The term ``Refuge'' means the James Campbell National Wildlife Refuge established pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. EXPANSION OF REFUGE. (a) Expansion.--The boundary of the Refuge is expanded to include the approximately 1,100 acres of land (including any water and interest in the land) depicted on the map entitled ``James Campbell National Wildlife Refuge-Expansion'', and on file in the office of the Director. (b) Boundary Revisions.--Not later than 90 days after the date of enactment of this Act, the Secretary may make such minor modifications to the boundary of the Refuge as the Secretary determines to be appropriate to-- (1) achieve the goals of the United States Fish and Wildlife Service relating to the Refuge; or (2) facilitate the acquisition of property within the Refuge. (c) Availability of Map.-- (1) In general.--The map described in subsection (a) shall remain available for inspection in an appropriate office of the United States Fish and Wildlife Service, as determined by the Secretary. (2) Notice.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register and any publication of local circulation in the area of the Refuge notice of the availability of the map. SEC. 5. ACQUISITION OF LAND AND WATER. (a) In General.--Subject to the availability of appropriated funds, the Secretary may acquire the land described in section 4(a). (b) Inclusion.--Any land, water, or interest acquired by the Secretary pursuant to this section shall-- (1) become part of the Refuge; and (2) be administered in accordance with applicable law.

James Campbell National Wildlife Refuge Expansion Act of 2005 - Expands the boundary of the James Campbell National Wildlife Refuge in Honolulu County, Hawaii, and authorizes the Secretary of the Interior to make modifications to the boundary and to acquire certain lands.

To provide for the expansion of the James Campbell National Wildlife Refuge, Honolulu County, Hawaii.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Energy Supply and Resiliency Act of 2013''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) a quantity of energy that is more than-- (A) 27 percent of the total energy consumption in the United States is released from power plants in the form of waste heat; and (B) 36 percent of the total energy consumption in the United States is released from power plants, industrial facilities, and other buildings in the form of waste heat; (2) waste heat can be-- (A) recovered and distributed to meet building heating or industrial process heating requirements; (B) converted to chilled water for air conditioning or industrial process cooling; or (C) converted to electricity; (3) renewable energy resources in communities in the United States can be used to meet local thermal and electric energy requirements; (4) use of local energy resources and implementation of local energy infrastructure can strengthen the reliability and resiliency of energy supplies in the United States in response to extreme weather events, power grid failures, or interruptions in the supply of fossil fuels; (5) use of local waste heat and renewable energy resources-- (A) strengthens United States industrial competitiveness; (B) helps reduce reliance on fossil fuels and the associated emissions of air pollution and carbon dioxide; (C) increases energy supply resiliency and security; and (D) keeps more energy dollars in local economies, thereby creating jobs; (6) district energy systems represent a key opportunity to tap waste heat and renewable energy resources; (7) district energy systems are important for expanding implementation of combined heat and power (CHP) systems because district energy systems provide infrastructure for delivering thermal energy from a CHP system to a substantial base of end users; (8) district energy systems serve colleges, universities, hospitals, airports, military bases, and downtown areas; (9) district energy systems help cut peak power demand and reduce power transmission and distribution system constraints by-- (A) shifting power demand through thermal storage; (B) generating power near load centers with a CHP system; and (C) meeting air conditioning demand through the delivery of chilled water produced with heat generated by a CHP system or other energy sources; (10) evaluation and implementation of district energy systems-- (A) is a complex undertaking involving a variety of technical, economic, legal, and institutional issues and barriers; and (B) often requires technical assistance to successfully navigate these barriers; and (11) a major constraint to the use of local waste heat and renewable energy resources is a lack of low-interest, long-term capital funding for implementation. (b) Purposes.--The purposes of this Act are-- (1) to encourage the use and distribution of waste heat and renewable thermal energy-- (A) to reduce fossil fuel consumption; (B) to enhance energy supply resiliency, reliability, and security; (C) to reduce air pollution and greenhouse gas emissions; (D) to strengthen industrial competitiveness; and (E) to retain more energy dollars in local economies; and (2) to facilitate the implementation of a local energy infrastructure that accomplishes the goals described in paragraph (1) by-- (A) providing technical assistance to evaluate, design, and develop projects to build local energy infrastructure; and (B) facilitating low-cost financing for the construction of local energy infrastructure through the issuance of loan guarantees. SEC. 3. DEFINITIONS. (1) Combined heat and power system.--The term ``combined heat and power system'' or ``CHP system'' means generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (2) District energy system.--The term ``district energy system'' means a system that provides thermal energy to buildings and other energy consumers from 1 or more plants to individual buildings to provide space heating, air conditioning, domestic hot water, industrial process energy, and other end uses. (3) Loan guarantee program.--The term ``Loan Guarantee Program'' means the Local Energy Infrastructure Loan Guarantee Program established under section 5. (4) Local energy infrastructure.--The term ``local energy infrastructure'' means a system that-- (A) recovers or produces useful thermal or electric energy from waste energy or renewable energy resources; (B) generates electricity using a combined heat and power system; (C) distributes electricity in microgrids; (D) stores thermal energy; or (E) distributes thermal energy or transfers thermal energy to building heating and cooling systems via a district energy system. (5) Microgrid.--The term ``microgrid'' means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that-- (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to enable the microgrid to operate in both grid-connected or island-mode. (6) Renewable energy resource.--The term ``renewable energy resource'' means-- (A) closed-loop and open-loop biomass (as defined in paragraphs (2) and (3), respectively, of section 45(c) of the Internal Revenue Code of 1986); (B) gaseous or liquid fuels produced from the materials described in subparagraph (A); (C) geothermal energy (as defined in section 45(c)(4) of such Code); (D) municipal solid waste (as defined in section 45(c)(6) of such Code); or (E) solar energy (which is used, undefined, in section 45 of such Code). (7) Renewable thermal energy.--The term ``renewable thermal energy'' means-- (A) heating or cooling energy derived from a renewable energy resource; (B) natural sources of cooling such as cold lake or ocean water; or (C) other renewable thermal energy sources, as determined by the Secretary. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. (9) Thermal energy.--The term ``thermal energy'' means-- (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice or other media that is used to provide air conditioning, or process cooling. (10) Waste energy.--The term ``waste energy'' means energy that-- (A) is contained in-- (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B)(i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. SEC. 4. TECHNICAL ASSISTANCE PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a program to disseminate information and provide technical assistance, directly or through grants provided so that recipients may contract to obtain technical assistance, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. (2) Technical assistance.--The technical assistance under paragraph (1) shall include assistance with 1 or more of the following: (A) Identification of opportunities to use waste energy or renewable energy resources. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Negotiation of power and fuel contracts. (E) Permitting and siting issues. (F) Marketing and contract negotiations. (G) Business planning and financial analysis. (H) Engineering design. (3) Information dissemination.--The information dissemination under paragraph (1) shall include-- (A) information relating to the topics identified in paragraph (2), including case studies of successful examples; and (B) computer software for assessment, design, and operation and maintenance of local energy infrastructure. (b) Eligible Entity.--Any nonprofit or for-profit entity shall be eligible to receive assistance under the program established under subsection (a). (c) Eligible Costs.--On application by an eligible entity, the Secretary may award grants to an eligible entity to provide funds to cover not more than-- (1) 100 percent of the cost of initial assessment to identify local energy opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure; (3) 60 percent of the cost of guidance on overcoming barriers to the implementation of local energy infrastructure, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering of local energy infrastructure. (d) Applications.-- (1) In general.--An eligible entity desiring technical assistance 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 under the rules and procedures adopted under subsection (f). (2) Application process.--The Secretary shall seek applications for technical assistance under this section-- (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (e) Priorities.--In evaluating projects, the Secretary shall give priority to projects that have the greatest potential for-- (1) maximizing elimination of fossil fuel use; (2) strengthening the reliability of local energy supplies and boosting the resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (3) minimizing environmental impact, including regulated air pollutants, greenhouse gas emissions, and use of ozone- depleting refrigerants; (4) facilitating use of renewable energy resources; (5) increasing industrial competitiveness; and (6) maximizing local job creation. (f) Rules and Procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for the administration of the program established under this section, consistent with the provisions of this Act. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $150,000,000 for the period of fiscal years 2014 through 2018, to remain available until expended. SEC. 5. LOAN GUARANTEES FOR LOCAL ENERGY INFRASTRUCTURE. (a) Local Energy Infrastructure Loan Guarantee Program.-- (1) In general.--Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following: ``SEC. 1706. LOCAL ENERGY INFRASTRUCTURE LOAN GUARANTEE PROGRAM. ``(a) In General.--The Secretary may make guarantees under this section for commercial or innovative projects defined as `local energy infrastructure' in section 3 of the Local Energy Supply and Resiliency Act of 2013. ``(b) Modification of Existing Authority.--The Secretary shall reserve $4,000,000,000 of the loan guarantee authority remaining under section 1703 to provide loan guarantees under this section. ``(c) Use of Other Appropriated Funds.--To the maximum extent practicable, the Secretary shall use funds appropriated to carry out section 1703 that remain unobligated as of the date of enactment of this section for the cost of loan guarantees under this section.''. (2) Table of contents amendment.--The table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) is amended by inserting after the item relating to section 1705 the following new item: ``Sec. 1706. Local energy infrastructure loan guarantee program.''. SEC. 6. DEFINITION OF INVESTMENT AREA. Section 103(16) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(16)) is amended-- (1) in subparagraph (A)(ii), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) has the potential for implementation of local energy infrastructure as defined in the Local Energy Supply and Resiliency Act of 2013.''.

Local Energy Supply and Resiliency Act of 2013 - Requires the Secretary of Energy (DOE) to establish a program to disseminate information and provide technical assistance, directly or through grants, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. Defines "local energy infrastructure" as a system that: recovers or produces useful thermal or electric energy from waste energy or renewable energy resources, generates electricity using a combined heat and power system, distributes electricity in microgrids, stores thermal energy, or distributes thermal energy or transfers it to building heating and cooling systems via a district energy system. Authorizes the Secretary to award grants to provide funds to cover no more than: (1) 100% of the cost of initial assessment to identify local energy opportunities, (2) 75% of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure, (3) 60% of the cost of guidance on overcoming barriers to such implementation, and (4) 45% of the cost of detailed engineering of local energy infrastructure. Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantees for commercial or innovative projects for local energy infrastructure under the existing loan guarantee program that provides incentives for innovative technologies. Amends the Community Development Banking and Financial Institutions Act of 1994 to redefine "investment area" to include an area that has the potential for implementation of local energy infrastructure.

Local Energy Supply and Resiliency Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Nuclear Trafficking Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) A single, simple nuclear weapon detonated in the heart of an American city would kill 100,000 people instantly, and seriously injure tens of thousands more. A significant portion of the city would probably become permanently uninhabitable, with little chance of a successful cleanup. (2) Making such a weapon would not be difficult, by modern technological standards, given 25 to 35 pounds of highly enriched uranium. (3) Since the development of the first nuclear weapons, countries around the world have recognized the unique risk that nuclear weapons pose to peace and security. (4) The first treaty limiting the use of nuclear technology was the Limited Test Ban Treaty of 1963, which banned the testing of nuclear weapons in the atmosphere, in outer space, and under water. Since that time, many treaties to limit the use and proliferation of nuclear weapons have been signed. (5) Perhaps the most important of these treaties is the Treaty on the Non-Proliferation of Nuclear Weapons, which restricts almost all of the 188 nations that are signatories from developing nuclear weapons. As part of their obligation under the Treaty on the Non-Proliferation of Nuclear Weapons, 153 countries have reached safeguards agreements with the International Atomic Energy Agency that require a comprehensive system for accounting for nuclear materials and intrusive inspections of their nuclear facilities. (6) These treaties and safeguards agreements reflect the worldwide understanding that nuclear materials in the wrong hands pose a direct threat to peace and prosperity. (7) Chapter VII of the United Nations Charter, Article 39 states the following: ``The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.'' (8) In 2004, the United Nations Security Council unanimously adopted Resolution 1540, binding on all members of the United Nations, which stated in part the following: ``The Security Council, ... Acting under Chapter VII of the Charter of the United Nations, ... ``2. Decides also that all States, in accordance with their national procedures, shall adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes, as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them; ``3. Decides also that all States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery, including by establishing appropriate controls over related materials and to this end shall: ... ``(d) Establish, develop, review and maintain appropriate effective national export and trans-shipment controls over such items, including appropriate laws and regulations to control export, transit, trans-shipment and re- export and controls on providing funds and services related to such export and trans- shipment such as financing, and transporting that would contribute to proliferation, as well as establishing end-user controls; and establishing and enforcing appropriate criminal or civil penalties for violations of such export control laws and regulations;''. (9) Resolution 1540 reflects the general understanding of the members of the United Nations that the illicit transfer of nuclear weapons and related materials is a ``threat to the peace''. SEC. 3. STATEMENT OF POLICY REGARDING CRIMES AGAINST HUMANITY. It is the policy of the United States that the transfer of a nuclear weapon or device or of nuclear material or technology with reason to believe that the weapon or device, or a weapon or device made using the transferred material or technology, may be used for terrorist purposes, is a crime against humanity and that individuals are liable for such acts under customary international criminal law. SEC. 4. CRIMINAL OFFENSE. (a) Offense.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 2332i. Transfer of nuclear weapons, devices, material, or technology ``(a) Unlawful Conduct.-- ``(1) In general.--It shall be unlawful for any person to knowingly transfer to any organization or person described in paragraph (2)-- ``(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life, or that uses a nuclear reaction in order to create an explosion; ``(B) any device or other object that is capable of endangering, and is designed or intended to endanger, human life through the release of radiation or radioactivity; ``(C) any nuclear material or nuclear byproduct material; or ``(D) any sensitive nuclear technology. ``(2) Organizations and persons described.--The organizations and persons referred to in paragraph (1) are-- ``(A) any organization designated by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization; and ``(B) any other person, if the transferor knew or had reasonable grounds to believe that the weapon, device, material, or technology transferred would be used in preparation for, or in carrying out, a Federal crime of terrorism or an act of international terrorism, whether or not such a crime or act occurs. ``(3) Effect on international law.--Nothing in this section shall be construed to apply with respect to activities undertaken by the military forces of a country in the exercise of their official duties, to the extent that such activities are consistent with the principles of international law. ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if-- ``(1) the offense occurs in or affects interstate or foreign commerce; ``(2) the offense occurs outside of the United States and is committed by a national of the United States; ``(3) the offense occurs outside of the United States and the recipient of the weapon, device, material, or technology that is the subject of the offense has at any time conspired, attempted, or threatened to commit a Federal crime of terrorism or an act of international terrorism against the United States Government, any property of the United States, a United States national, or an instrumentality of the interstate or foreign commerce of the United States; ``(4) a financial institution or other person doing business in the United States, or any other financial institution or other person that is under the control of an entity organized under the laws of the United States, provides funds or any form of financing in furtherance of the offense; or ``(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section. ``(c) Criminal Penalties.-- ``(1) In general.--Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and imprisoned for a term of not less than 25 years or for life. ``(2) Special circumstances.--If the death of another results from the use of the weapon, device, material, or technology that is the subject of the person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life. ``(d) Definitions.--For purposes of this section-- ``(1) an institution or person is under the `control' of another entity if that other entity owns a majority of the equity interest in that institution or person; ``(2) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g)(5); ``(3) the term `international terrorism' has the meaning given that term in section 2331(1); ``(4) the terms `nuclear material' and `nuclear byproduct material' have the meanings given those terms in section 831(f) of this title; and ``(5)(A) the term `sensitive nuclear technology' means any information (including information incorporated in a production facility or utilization facility or important component part thereof) which is not available to the public and which is important to the design, construction, fabrication, operation or maintenance of a uranium enrichment or nuclear fuel reprocessing facility or a facility for the production of heavy water; and ``(B) the terms `production facility' and `utilization facility' have the meanings given those terms in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).''. (b) Conforming Amendment.--The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following new item: ``2332i. Transfer of nuclear weapons, devices, material, or technology.''. SEC. 5. INTERNATIONAL ORGANIZATIONS AND BILATERAL AND MULTILATERAL FORA. (a) United Nations.--The Secretary of State shall direct the Permanent Representative of the United States to the United Nations to seek the adoption in the General Assembly of a resolution recognizing that the transfer of a nuclear weapon or device, material, or technology, with reason to believe that the weapon or device, or a weapon or device made using the transferred material or technology, may be used for terrorist purposes, is a crime against humanity. (b) Bilateral and Multilateral Fora.--The Secretary of State shall direct the representatives of the United States to bilateral and multilateral fora to urge their foreign counterparts to seek the enactment in their home countries of national laws recognizing that the transfer of a nuclear weapon or device, material, or technology, with reason to believe that the weapon or device, or a weapon or device made using the transferred material or technology, may be used for terrorist purposes, is a crime against humanity.

Ending Nuclear Trafficking Act - Declares it to be the policy of the United States that the transfer of a nuclear weapon or device or of nuclear material or technology for terrorist purposes is a crime against humanity and should be punished under customary international criminal law. Amends the federal criminal code to prohibit the transfer of a nuclear weapon or device, or of nuclear material or sensitive nuclear technology, to any foreign terrorist organization or any other person engaged in terrorist activities. Grants extraterritorial jurisdiction to prosecute violations of this Act. Imposes a fine and minimum prison term of 25 years for violations (life imprisonment for violations resulting in death). Requires the Secretary of State to direct the Permanent Representative of the United States to the United Nations and representatives to bilateral and multilateral fora to seek international recognition that the transfer of nuclear weapons, devices, material, or technology for terrorist purposes is a crime against humanity.

To amend title 18, United States Code, to establish the transfer of any nuclear weapon, device, material, or technology to terrorists as a crime against humanity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Traffic Controllers Hiring Act of 2015''. SEC. 2. HIRING OF AIR TRAFFIC CONTROLLERS. Section 44506 of title 49, United States Code, is amended by adding at the end the following: ``(f) Revision of Hiring Practices.-- ``(1) Consideration of applicants.-- ``(A) Ensuring selection of most qualified applicants.--In appointing individuals to the position of air traffic controller, the Administrator shall give preferential consideration to the following applicants: ``(i) An individual who-- ``(I) has successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program maintained under subsection (c)(1); and ``(II) has received from the institution-- ``(aa) an appropriate recommendation; or ``(bb) an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation. ``(ii) A qualified individual who is eligible for a veterans recruitment appointment pursuant to section 4214 of title 38. ``(iii) A qualified individual who is an eligible veteran, as such term is defined in section 4211 of title 38, maintaining aviation experience obtained in the course of the individual's military experience. ``(iv) A preference eligible veteran, as defined in section 2108 of title 5. ``(v) A qualified individual maintaining practical air traffic control experience obtained at-- ``(I) civilian installations of the Department of Defense; ``(II) Federal Aviation Administration air traffic control facilities; or ``(III) contract towers of Federal Aviation Administration. ``(B) Consideration of additional applicants.--The Administrator may consider additional applicants for the position of air traffic controller only after completing consideration of the applicants described in subparagraph (A). ``(2) Elimination of biographical assessments.-- ``(A) Priority applicants.--An applicant described in paragraph (1)(A) shall not be subject to any biographical assessment (including a biographical assessment validated under subparagraph (B)) as part of the hiring practices of the Administration that apply to applicants for the position of air traffic controller with the Department of Transportation. ``(B) Revision of hiring practices.-- ``(i) In general.--The Administrator shall revise the hiring practices of the Administration referred to in subparagraph (A) to eliminate the use of any biographical assessment that unduly disqualifies applicants. ``(ii) Validation.--Before implementing any biographical assessment as part of the hiring practices of the Administration referred to in subparagraph (A), the Administrator shall-- ``(I) certify that the assessment or test was validated under the criteria set forth in clause (i) before implementation; and ``(II) disclose to the public the methods used for the validation. ``(iii) Participation requirements.--The revision under this subparagraph shall not be subject to paragraph (3). ``(C) Reconsideration of applicants disqualified on the basis of biographical assessments.-- ``(i) In general.--If an individual applied for the position of air traffic controller with the Department in response to the FG-01 Vacancy Announcement issued on February 10, 2014, and was disqualified from the position as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity to reapply as soon as practicable for the position under the revised hiring practices. ``(ii) Waiver of age restriction.--The Administrator shall waive any maximum age restriction for the position of air traffic controller with the Department that would otherwise disqualify an individual from the position if the individual-- ``(I) is reapplying for the position pursuant to clause (i) on or before December 31, 2017; and ``(II) met the maximum age requirement on the date of the individual's previous application for the position during the interim hiring process. ``(3) Participation of cti institutions in revision of hiring practices.--Before making any revision to the hiring practices that apply to applicants for the position of air traffic controller with the Department, the Administrator shall provide institutions of higher education participating in the Collegiate Training Initiative program with notice of the revision and an opportunity to comment.''. SEC. 3. COLLEGIATE TRAINING INITIATIVE. Section 44506(c)(1) of title 49, United States Code, is amended in the first sentence by striking ``may maintain'' and inserting ``shall maintain''. SEC. 4. BEST PRACTICES FOR TRAINING AIR TRAFFIC CONTROLLERS. Section 44506 of title 49, United States Code, is further amended by adding at the end the following: ``(h) Best Practices for Training.--The Administrator, in consultation with the Association of Collegiate Training Institutions, the National Air Traffic Controllers Association, and the University Aviation Association, shall take into consideration any training initiatives for air traffic controllers that are locally developed at institutions of higher education participating in the Collegiate Training Initiative program for use in establishing best practices nationwide.''. SEC. 5. VETERAN PREFERENCE REQUIREMENTS FOR FAA PERSONNEL MANAGEMENT SYSTEM. Section 40122(g)(2)(B) of title 49, United States Code, is amended by inserting ``and sections 3330a-3330d'' before ``, relating to''.

Air Traffic Controllers Hiring Act of 2015 Directs the Federal Aviation Administration (FAA), in appointing individuals to the position of air traffic controller, to give preference to: an individual who has successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program (the program) and who has received from the institution either an appropriate recommendation or an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation; a qualified individual who is eligible for a veterans recruitment appointment; a qualified individual who is an eligible veteran maintaining aviation experience obtained in the course of the individual's military experience; a preference eligible veteran; and a qualified individual maintaining practical air traffic control experience obtained at civilian installations of the Department of Defense, FAA air traffic control facilities, or contract towers of the FAA. Allows the FAA to consider additional applicants only after completing consideration of such preferred applicants. Provides that a preferred applicant shall not be subject to any biographical assessment as part of FAA hiring practices that apply to applicants for the position of air traffic controller. Directs the FAA to revise its hiring practices to eliminate the use of any biographical assessment that unduly disqualifies applicants. Provides for reconsideration of individuals who applied in response to the FG-01 vacancy announcement of February 10, 2014, who were disqualified on the basis of such an assessment. Requires (currently, allows) the FAA to maintain the program by making new agreements and continuing existing agreements with institutions of higher education under which the institutions prepare students for the position of air traffic controller. Directs the FAA to take into consideration any training initiatives for air traffic controllers that are locally developed at institutions of higher education participating in the program for use in establishing best practices nationwide.

Air Traffic Controllers Hiring Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Affordable Home Act of 1998''. SEC. 2. CREDIT FOR PURCHASE OF NEW ENERGY EFFICIENT HOME AND OF ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF NEW ENERGY EFFICIENT HOME AND OF ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to-- ``(1) the purchase price of each new energy efficient dwelling purchased by the taxpayer during the taxable year, and ``(2) 20 percent of the cost paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by this section with respect to a dwelling shall not exceed $2,000. ``(2) Prior credit amounts for taxpayer on same dwelling taken into account.--If a credit was allowed to the taxpayer under subsection (a) with respect to a dwelling in 1 or more prior taxable years, the amount of the credit otherwise allowable for the taxable year with respect to that dwelling shall not exceed the amount of $2,000 reduced by the sum of the credits allowed under subsection (a) to the taxpayer with respect to the dwelling for all prior taxable years. ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of subchapter A (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Definitions.--For purposes of this section-- ``(1) New energy efficient dwelling.--The term `new energy efficient dwelling' means a dwelling-- ``(A) located in the United States, ``(B) owned and used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121), ``(C) the construction of which is substantially completed after December 31, 1998, ``(D) the original use of which commences with the taxpayer, and ``(E) which is certified to exceed by 30 percent or more the applicable standards for energy efficiency based upon energy use or building component performance established for comparable dwellings under the applicable Model Energy Code (promulgated by the Council of American Building Officials) or to exceed such alternative standards for energy efficiency as the Secretary may prescribe in consultation with the Secretary of Energy. ``(2) Purchase price.--The term `purchase price' means the adjusted basis of the dwelling on the date of its acquisition by the taxpayer. ``(3) Qualified energy efficiency improvements.--The term `qualified energy efficiency improvements' means any energy efficient building envelope component, and any high energy efficiency heating or cooling appliance, if-- ``(A) such component or appliance is installed in or on a dwelling-- ``(i) located in the United States, and ``(ii) owned and used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121), ``(B) the original use of such component or appliance commences with the taxpayer, and ``(C) such component or appliance reasonably can be expected to remain in use for at least 5 years. ``(4) Energy efficient building envelope component.--The term `energy efficient building envelope component' means-- ``(A) insulation material which is specifically and primarily designed to reduce, when installed in or on a dwelling, the heat loss or gain of such dwelling, ``(B) exterior windows that are certified to equal or exceed the applicable standards for energy efficiency (as determined by the National Fenestration Rating Council or similar body), and ``(C) such other components of the building envelope as the Secretary may prescribe in consultation with the Secretary of Energy. ``(5) High energy efficiency heating or cooling appliance.--The term `high energy efficiency heating or cooling appliance' means mechanical heating or cooling equipment (including a hot water heater) which is certified by the manufacturer as having an energy efficiency rating that equals or exceeds 150 percent of the applicable minimum energy efficiency standard established under the National Appliance Energy Conservation Act of 1987 (Public Law 100-12). ``(e) Certification.-- ``(1) New dwelling certifications.--A certification described in subsection (d)(1)(E) with respect to a dwelling shall be made by the person who constructed the dwelling or by a local building regulatory authority. ``(2) Windows.--A certification described in subsection (d)(4)(B) with respect to a window shall be made by the person who sold or installed the window. ``(3) Form of certifications.--Certifications referred to in this subsection shall be in such form as the Secretary shall prescribe, and, except in the case of a certification by a representative of a local building regulatory authority, shall include the taxpayer identification number of the person making the certification. ``(f) Special Rules.-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of the cost of qualified energy efficiency improvements made by such corporation. ``(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 the cost of qualified energy efficiency improvements made by such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(h) Effective Date.--Subsection (a)(1) shall apply to dwellings purchased during the period beginning on January 1, 1999, and ending on December 31, 2003, and subsection (a)(2) shall apply to qualified energy efficiency improvements installed during such period.''. (b) Conforming Amendments.-- (1) Subsection (c) of section 23 of such Code is amended by inserting ``, section 25B, and section 1400C'' after ``other than this section''. (2) Subparagraph (C) of section 25(e)(1) of such Code is amended by striking ``section 23'' and inserting ``sections 23, 25B, and 1400C''. (3) Subsection (d) of section 1400C of such Code is amended by inserting ``and section 25B'' after ``other than this section''. (4) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 25B(g), in the case of amounts with respect to which a credit has been allowed under section 25B.''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of new energy efficient home and of energy efficiency improvements to existing homes.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1998.

Energy Efficient Affordable Home Act of 1998 - Amends the Internal Revenue Code to provide individuals a limited tax credit for the purchase of: (1) a new energy efficient affordable home; or (2) energy efficiency improvements to an existing home.

Energy Efficient Affordable Home Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Savings and Choice Act of 2004''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by inserting after section 1860D-11 the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2006), in addition to any plans offered under section 1860D-11, the Secretary shall offer one or more medicare operated prescription drug plans (as defined in subsection (c)) with a service area that consists of the entire United States and shall enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs for eligible part D individuals in accordance with subsection (b). ``(b) Negotiations.--Notwithstanding section 1860D-11(i), for purposes of offering a medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(c) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `medicare operated prescription drug plan' means a prescription drug plan that offers qualified prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A). Such a plan may offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans. ``(d) Monthly Beneficiary Premium.-- ``(1) Qualified prescription drug coverage.--The monthly beneficiary premium for qualified prescription drug coverage and access to negotiated prices described in section 1860D- 2(a)(1)(A) to be charged under a medicare operated prescription drug plan shall be uniform nationally. Such premium for months in 2006 shall be $35 and for months in succeeding years shall be based on the average monthly per capita actuarial cost of offering the medicare operated prescription drug plan for the year involved, including administrative expenses. ``(2) Supplemental prescription drug coverage.--Insofar as a medicare operated prescription drug plan offers supplemental prescription drug coverage, the Secretary may adjust the amount of the premium charged under paragraph (1). ``(3) Requirement for at least one plan with a $35 premium in 2006.--The Secretary shall ensure that at least one medicare operated prescription drug plan offered in 2006 has a monthly premium of $35. ''. (b) Conforming Amendments.-- (1) Section 1860D-3(a) of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--A medicare operated prescription drug plan (as defined in section 1860D-11A(c)) shall be offered nationally in accordance with section 1860D- 11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), a medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (2) Section 1860D-13(c)(3) of such Act, as added by such section, is amended-- (A) in the heading, by inserting ``and medicare operated prescription drug plans'' after ``Fallback plans''; and (B) by inserting ``or a medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (3) Section 1860D-16(b)(1) of such Act, as added by such section, is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and ``(E) payments for expenses incurred with respect to the operation of medicare operated prescription drug plans under section 1860D-11A.''. (4) Section 1860D-41(a) of such Act, as added by such section, is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(c).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

Medicare Prescription Drug Savings and Choice Act of 2004 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services, for each year beginning with 2006, to: (1) offer one or more Medicare operated prescription drug plans nationally that offers qualified prescription drug coverage and access to negotiated prices, while allowing the plan to offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally and for months in 2006 shall be $35 and for months in succeeding years shall be based on the average monthly per capita actuarial cost of offering the Medicare operated prescription drug plan for the year involved, including administrative expenses. Allows for adjustment of such premium amount in case of supplemental prescription drug coverage.

To amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Revitalization Act of 2004''. SEC. 2. CREDIT FOR EXPENDITURES TO REMEDIATE CONTAMINATED SITES. (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. 45G. ENVIRONMENTAL REMEDIATION CREDIT. ``(a) In General.--For purposes of section 38, the environmental remediation credit determined under this section is 50 percent of the qualified remediation expenditures paid or incurred by the taxpayer during the taxable year with respect to a qualified contaminated site located in an eligible area. ``(b) Qualified Remediation Expenditures.--For purposes of this section, the term `qualified remediation expenditures' means expenditures, whether or not chargeable to capital account, in connection with-- ``(1) the abatement or control of any hazardous substance (as defined in section 198(d)), petroleum, or any petroleum by- product at the qualified contaminated site in accordance with an approved remediation and redevelopment plan, ``(2) the complete demolition of any structure on such site if any portion of such structure is demolished in connection with such abatement or control, ``(3) the removal and disposal of property in connection with the activities described in paragraphs (1) and (2), and ``(4) the reconstruction of utilities in connection with such activities. For purposes of this section, the term `approved remediation and redevelopment plan' means any plan for such abatement, control, and redevelopment of a qualified contaminated site which is approved by the State development agency for the State in which the qualified contaminated site is located. ``(c) Credit May Not Exceed Allocation.-- ``(1) In general.--The environmental remediation credit determined under this section with respect to any qualified contaminated site shall not exceed the credit amount allocated under this section by the State development agency to the taxpayer for the remediation and redevelopment plan submitted by the taxpayer with respect to such site. ``(2) Time for making allocation.--An allocation shall be taken into account under paragraph (1) for any taxable year only if made before the close of the calendar year in which such taxable year begins. ``(3) Manner of allocation.-- ``(A) Allocation must be pursuant to plan.--No amount may be allocated under this subsection to any qualified contaminated site unless such amount is allocated pursuant to a qualified allocation plan of the State development agency of the State in which such site is located. ``(B) Qualified allocation plan.--For purposes of this paragraph, the term `qualified allocation plan' means any plan-- ``(i) which sets forth selection criteria to be used to determine priorities of the State development agency in allocating credit amounts under this section, and ``(ii) which gives preference in allocating credit amounts under this section to qualified contaminated sites based on-- ``(I) the extent of poverty, ``(II) whether the site is located in an enterprise zone or renewal community, ``(III) whether the site is located in the central business district of the local jurisdiction, ``(IV) the extent of the required environmental remediation, ``(V) the extent of the commercial, industrial, or residential redevelopment of the site in addition to environmental remediation, ``(VI) the extent of the financial commitment to such redevelopment, and ``(VII) the amount of new employment expected to result from such redevelopment. ``(4) States may impose other conditions.--Nothing in this section shall be construed to prevent any State from requiring assurances, including bonding, that any project for which a credit amount is allocated under this section will be properly completed or that the financial commitments of the taxpayer are actually carried out. ``(d) State Environmental Remediation Credit Ceiling.-- ``(1) In general.--The State environmental remediation credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of-- ``(A) the unused State environmental remediation credit ceiling (if any) of such State for the preceding calendar year, ``(B) such State's share of the national environmental remediation credit limitation for the calendar year, ``(C) the amount of State environmental remediation credit ceiling returned in the calendar year, plus ``(D) the amount (if any) allocated under paragraph (3) to such State by the Secretary. For purposes of subparagraph (A), the unused State environmental remediation credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in subparagraphs (B), (C), and (D) over the aggregate environmental remediation credit amount allocated for such year. ``(2) National environmental remediation credit limitation.-- ``(A) In general.--The national environmental remediation credit limitation for each calendar year is $1,000,000,000. ``(B) State's share of limitation.--A State's share of such limitation is the amount which bears the same ratio to the limitation applicable under subparagraph (A) for the calendar year as such State's population bears to the population of the United States. ``(3) Unused environmental remediation credit carryovers allocated among certain states.-- ``(A) In general.--The unused environmental remediation credit carryover of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. ``(B) Unused environmental remediation credit carryover.--For purposes of this paragraph, the unused environmental remediation credit carryover of a State for any calendar year is the excess (if any) of-- ``(i) the unused State environmental remediation credit ceiling for the year preceding such year, over ``(ii) the aggregate environmental remediation credit amount allocated for such year. ``(C) Formula for allocation of unused environmental remediation credit carryovers among qualified states.--Rules similar to the rules of clauses (iii) and (iv) of section 42(h)(3)(D) shall apply for purposes of this paragraph. ``(4) Population.--For purposes of this subsection, population shall be determined in accordance with section 146(j). ``(5) Inflation adjustment.--In the case of any calendar year after 2004, the $1,000,000,000 amount contained in paragraph (2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500,000. ``(e) Eligible Area; Other Definitions.--For purposes of this section-- ``(1) Eligible area.-- ``(A) In general.--The term `eligible area' means the entire area encompassed by a local governmental unit if such area contains at least 1 census tract having a poverty rate of at least 20 percent. ``(B) Areas not within census tracts.--In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining poverty rates. ``(C) Use of census data.--Population and poverty rate shall be determined by the most recent decennial census data available. ``(2) Qualified contaminated site.--The term `qualified contaminated site' has the meaning given to such term by section 198, determined by treating petroleum and petroleum by- products as hazardous substances. ``(3) Possessions treated as states.--The term `State' includes a possession of the United States. ``(f) Credit May Be Assigned.-- ``(1) In general.--If a taxpayer elects the application of this subsection for any taxable year, the amount of credit determined under this section for such year which would (but for this subsection) be allowable to the taxpayer shall be allowable to the person designated by the taxpayer. The person so designated shall be treated as the taxpayer for purposes of subsection (h). ``(2) Treatment of amounts paid for assignment.--If any amount is paid to the person who assigns the credit determined under this section, no portion of such amount or such credit shall be includible in the payee's gross income. ``(g) Treatment of Potential Responsible Parties.-- ``(1) In general.--No credit shall be allowed under this section to any potential responsible party (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) with respect to any qualified contaminated site (including by reason of receiving an assignment of the credit under subsection (f)) unless at least 25 percent of the cost of remediating such site is borne by such party. ``(2) Relief from liability for other 75 percent.--If the requirement of paragraph (1) is met by a potential responsible party, such party shall not be liable under any Federal law for any cost taken into account in determining whether such requirement is met. ``(3) Amounts paid for credit assignment not eligible.-- Amounts paid by a potential responsible party to any person for the assignment by such person of the credit under subsection (f)) shall not be taken into account in determining whether the requirement of paragraph (1) is met. ``(h) Recapture of Credit if Environmental Remediation Not Properly Completed.-- ``(1) In general.--If the State development agency of the State in which the qualified contaminated site is located determines that the environmental remediation which is part of the approved remediation and redevelopment plan for such site was not properly completed, then the taxpayer's tax under this chapter for the taxable year in which such determination is made shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the aggregate decrease in the credits allowed to the taxpayer under section 38 for all prior taxable years which would have resulted if the credit allowable by reason of this section were not allowed, plus ``(B) interest at the overpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit or the tax imposed by section 55. ``(i) Denial of Double Benefit.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified remediation expenditures otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under this section. ``(2) Similar rule where taxpayer capitalizes rather than deducts expenses.--If-- ``(A) the amount of the credit determined for the taxable year under this section, exceeds ``(B) the amount allowable as a deduction for such taxable year for qualified remediation expenditures (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenditures shall be reduced by the amount of such excess. ``(3) Controlled groups.--In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (b) Credit Treated as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the environmental remediation credit determined under section 45G(a).''. (c) No Carrybacks Before Effective Date.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the environmental remediation credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Conforming 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. 45G. Environmental remediation credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Brownfields Revitalization Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for up to 50 percent of qualified remediation expenditures for contaminated sites (property used in a trade or business on which there has been a release (or threat of release) or disposal of any hazardous substance) in certain poverty-rated areas. Defines "qualified remediation expenditures" as expenditures for: (1) the abatement or control of any hazardous substance, petroleum, or any petroleum by-product at a contaminated site in accordance with a State-approved remediation and redevelopment plan; (2) the complete demolition of a structure; (3) the removal and disposal of property; and (4) the reconstruction of utilities on a contaminated site. Requires States to allocate credit amounts under an allocation plan that considers specified criteria, including: (1) poverty rates: (2) location of a contaminated site; and (3) the amount of new employment expected to result from redevelopment. Imposes a ceiling on the State environmental remediation credit and limits the national environmental remediation credit for each calendar year to $1 billion. Sets forth special rules for: (1) allocating unused environmental remediation credit carryover amounts among States: (2) adjusting the limitation on the national environmental remediation credit for inflation; (3) assigning portions of the credit; and (4) recapturing credit amounts if a taxpayer fails to properly complete environmental remediation under a State approved remediation and redevelopment plan.

A bill to amend the internal Revenue Code of 1986 to allow taxpayers a credit against income tax for expenditures to remediate contaminated sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uterine Fibroid Research and Education Act of 2005''. SEC. 2. FINDINGS. Congress finds as follows: (1) The development of uterine fibroids is a common and significant health problem, affecting women, primarily of reproductive age, across all ages, racial backgrounds, and socioeconomic levels. (2) It is estimated that between 20 and 30 percent of women of reproductive age have clinically recognized uterine fibroids, and screening studies indicate the prevalence of uterine fibroids in women may be much higher. (3) Minority women are more likely to develop uterine fibroids, and through ultrasound screening of African American and Caucasian women for fibroids, it is estimated that more than 80 percent of African Americans and about 70 percent of Caucasians develop fibroids by the time they reach menopause and the tumors develop at younger ages in African Americans. (4) Symptomatic uterine fibroids can cause heavy bleeding, pain, and reproductive problems, including infertility. There is no known cause of uterine fibroids. (5) The presence of uterine fibroids is the most common reason for hysterectomies, accounting for approximately one- third of hysterectomies, or 200,000 procedures annually and 22 percent of African American women and 7 percent of Caucasians have hysterectomies for fibroids. (6) Over five billion dollars are spent annually on hysterectomies, at approximately $6,000 for each surgery. (7) The Evidence Report and Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality of the Department of Health and Human Services, held that there is a ``remarkable lack of high quality evidence supporting the effectiveness of most interventions for symptomatic fibroids''. (8) Current research and available data do not provide adequate information on the rates of prevalence and incidents of fibroids in Asian, Hispanic, and other minority women, the costs associated with treating fibroids, and the methods by which fibroids may be prevented in these women. SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS. (a) Research.--The Director of the National Institutes of Health (in this section referred to as the ``Director of NIH'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration.--The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers of the National Institutes of Health, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, and the National Center on Minority Health and Health Disparities. (c) Coordination of Activities.--The Office of Research on Women's Health shall coordinate activities under subsection (b) among the institutes, offices, and centers of the National Institutes of Health. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of the fiscal years 2006 through 2010. SEC. 4. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO UTERINE FIBROIDS. (a) Uterine Fibroids Public Education Program.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding uterine fibroids, including information on-- (1) the incidence and prevalence of uterine fibroids among women; (2) the elevated risk for minority women to develop uterine fibroids; and (3) the availability, as medically appropriate, of a range of treatment options for symptomatic uterine fibroids. (b) Dissemination of Information.--The Secretary may disseminate information under subsection (a) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. SEC. 5. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO UTERINE FIBROIDS. (a) Dissemination of Information.--The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on uterine fibroids for the purpose of ensuring that health care providers remain informed about current information on uterine fibroids. Such information shall include the elevated risk for minority women to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids. (b) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010. SEC. 6. DEFINITION. In this Act, the term ``minority women'' means women who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)).

Uterine Fibroid Research and Education Act of 2005 - Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of uterine fibroids research. Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding uterine fibroids, including information on: (1) the incidence and prevalence of uterine fibroids among women; (2) the elevated risk for minority women; and (3) the availability of a range of treatment options. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate uterine fibroids information to health care providers.

A bill to provide for research and education with respect to uterine fibroids, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Medical Services Efficiency Act of 1998''. TITLE I--MEDICARE COVERAGE OF CERTAIN AMBULANCE SERVICES SEC. 101. MEDICARE COVERAGE OF CERTAIN AMBULANCE SERVICES. (a) Coverage.--Section 1861(s)(7) of the Social Security Act (42 U.S.C. 1395x(s)(7)) is amended by striking ``regulations;'' and inserting ``regulations, except that such regulations shall not fail to treat ambulance services as medical and other health services solely because the ultimate diagnosis of the individual receiving the ambulance services results in the conclusion that ambulance services were not necessary, as long as the request for ambulance services is made after the sudden onset of a medical condition that is manifested by symptoms of such sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect to result, without immediate medical attention, in-- ``(A) placing the individual's health in serious jeopardy; ``(B) serious impairment to the individual's bodily functions; or ``(C) serious dysfunction of any bodily organ or part of the individual;''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services provided on or after the date of enactment of this Act. TITLE II--STATE EMERGENCY MEDICAL SERVICES AGENCY PARTICIPATION IN CERTAIN FEDERAL PROGRAMS SEC. 201. TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL AREAS. (a) In General.--Section 2333(c)(1) of chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-2(c)(1)) is amended by adding at the end the following flush sentence: ``For purposes of this paragraph, the term `entities' shall include State emergency medical services agencies.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 202. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION PROJECT. (a) In General.--Section 4207(c) of the Balanced Budget Act of 1997 (42 U.S.C. 1395b-1(c) note.) is amended by adding at the end the following flush sentence: ``A State emergency medical services agency may participate in the consortium under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. TITLE III--FEDERAL COMMISSION FOR EMERGENCY AMBULANCE SERVICES SEC. 301. DEFINITION OF EMERGENCY AMBULANCE SERVICES. In this title, the term ``emergency ambulance services''-- (1) means resources used by a qualified public, private, or nonprofit entity to deliver medical care under emergency conditions-- (A) that occur as a result of the condition of a patient; or (B) that occur as a result of a natural disaster or similar situation; and (2) includes services delivered by an emergency ambulance employee that is licensed or certified by a State as an emergency medical technician, a paramedic, a registered nurse, a physician assistant, or a physician. SEC. 302. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Federal Commission for Emergency Ambulance Services (in this title referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 21 members, of whom-- (A) 1 shall be an individual who is appointed by the Majority Leader of the Senate; (B) 1 shall be an individual who is appointed by the Minority Leader of the Senate; (C) 1 shall be an individual who is appointed by the Speaker of the House of Representatives; (D) 1 shall be an individual who is appointed by the Minority Leader of the House of Representatives; (E) 1 shall be a member of the American Academy of Pediatrics, appointed by the President from a list of nominations submitted by the American Academy of Pediatrics; (F) 1 shall be a member of the American Ambulance Association, appointed by the President from a list of nominations submitted by the American Ambulance Association; (G) 1 shall be a member of the American College of Emergency Physicians, appointed by the President from a list of nominations submitted by the American College of Emergency Physicians; (H) 1 shall be a member of the Committee on Trauma within the American College of Surgeons, appointed by the President from a list of nominations submitted by the American College of Surgeons; (I) 1 shall be a member of the American Hospital Association, appointed by the President from a list of nominations submitted by the American Hospital Association; (J) 1 shall be a member of the Committee on EMS-F30 within the American Society for Testing and Material, appointed by the President from a list of nominations submitted by the American Society for Testing and Material; (K) 1 shall be a member of the Associated Public Safety Communications Officials International, appointed by the President from a list of nominations submitted by the Associated Public Safety Communications Officials International; (L) 1 shall be a member of the Association of Air Medical Services, appointed by the President from a list of nominations submitted by the Association of Air Medical Services; (M) 1 shall be a member of the Emergency Nurses Association, appointed by the President from a list of nominations submitted by the Emergency Nurses Association; (N) 1 shall be a member of the International Association of Fire Chiefs, appointed by the President from a list of nominations submitted by the International Association of Fire Chiefs; (O) 1 shall be a member of the International Association of Fire Fighters, appointed by the President from a list of nominations submitted by the International Association of Fire Fighters; (P) 1 shall each be a member of a governing body of an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), appointed by the President; (Q) 1 shall be a member of the National Association of Emergency Medical Services Physicians, appointed by the President from a list of nominations submitted by the National Association of Emergency Medical Services Physicians; (R) 1 shall be a member of the National Association of State Emergency Medical Services Directors, appointed by the President from a list of nominations submitted by the National Association of State Emergency Medical Services Directors; (S) 1 shall be a member of the National Association of Emergency Medical Technicians, appointed by the President from a list of nominations submitted by the National Association of Emergency Medical Technicians; (T) 1 shall be a member of the National Rural Health Association, appointed by the President from a list of nominations submitted by the National Rural Health Association; and (U) 1 shall be a member of the National Volunteer Fire Council, appointed by the President from a list of nominations submitted by the National Volunteer Fire Council. (2) Additional requirements.-- (A) Geographical representation and urban and rural representation.--In making appointments of members under paragraph (1), the appointing officials described in such paragraph shall, through consultation and collaboration with each other, select-- (i) members who are geographically representative of the United States; and (ii) members who are representative of rural areas and urban areas. (B) Special rule.--The appointing officials described paragraph (1) shall ensure that, of the members appointed-- (i) 11 shall be representative of rural areas; and (ii) 11 shall be representative of urban areas. (3) Date.--The appointments of the members of the Commission shall be made not later than January 1, 1999. (c) Period of Appointment; Vacancies.-- (1) Period of appointment.--Members shall be appointed for a term of 4 years. (2) Vacancy.-- (A) In general.--Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (B) Filling unexpired terms.--An individual chosen to fill a vacancy under this paragraph shall be appointed for the unexpired term of the member replaced. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 303. DUTIES OF THE COMMISSION. (a) Study.--The Commission shall conduct a thorough study of all matters relating to emergency ambulance services, including any existing or proposed Federal department or agency rules that impact such services. (b) Recommendations.--The Commission shall develop recommendations regarding the improvement of all matters relating to emergency ambulance services, including any existing or proposed Federal department or agency rules that impact such services. (c) Report.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Commission shall submit a report to the President and Congress containing a detailed statement of the results of the matters studied by the Commission pursuant to subsection (a), together with the Commission's recommendations formulated pursuant to subsection (b). SEC. 304. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this title. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 305. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of the service of the members on the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the homes or regular places of business of the members in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform the duties of the Commission. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without compensation in addition to that received for service as an employee of the United States, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 306. FUNDING. The Secretary of Labor, the Secretary of Commerce, and the Secretary of Health and Human Services shall equally provide to the Commission, out of funds otherwise available to such Secretaries, such sums as are necessary to carry out the purposes of the Commission under this title. SEC. 307. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. TITLE IV--STUDY AND REPORT REGARDING CONSOLIDATION OF FEDERAL AUTHORITY OVER EMERGENCY MEDICAL SERVICES SEC. 401. STUDY AND REPORT REGARDING CONSOLIDATION OF FEDERAL AUTHORITY OVER EMERGENCY MEDICAL SERVICES. (a) Study and Recommendations.-- (1) In general.--The Comptroller General of the United States shall conduct a thorough study and make recommendations on all matters relating to the transfer of all functions (other than the functions referred to in paragraph (2)) of Federal agencies relating to emergency medical services to a single Federal agency (and if appropriate, to a specific office within such agency), including the transfer of appropriations and personnel associated with such services to such agency. (2) Exceptions.--The recommendations formulated pursuant to paragraph (1) shall not provide for the transfer of any function-- (A) of the Department of Defense; or (B) related to a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))). (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the President and Congress containing a detailed statement of the results of the matters studied and recommendations formulated by the Comptroller General pursuant to subsection (b), together with any legislative recommendations that the Comptroller General determines to be appropriate for carrying out the recommendations.

TABLE OF CONTENTS: Title I: Medicare Coverage of Certain Ambulance Services Title II: State Emergency Medical Services Agency Participation in Certain Federal Programs Title III: Federal Commission for Emergency Ambulance Services Title IV: Study and Report Regarding Consolidation of Federal Authority Over Emergency Medical Services Emergency Medical Services Efficiency Act of 1998 - Title I: Medicare Coverage of Certain Ambulance Services - Amends title XVIII (Medicare) of the Social Security Act to ensure Medicare reimbursement for ambulance services rendered as a result of the sudden onset of a medical condition manifested by symptoms believed to be serious but whose ultimate diagnosis results in the conclusion that the ambulance services were not necessary. Title II: State Emergency Medical Services Agency Participation in Certain Federal Programs - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to include State emergency medical services agencies among the entities eligible for financial assistance with regard to telemedicine and distance learning services in rural areas. Amends the Balanced Budget Act of 1997 to allow a State emergency medical services agency to participate in the Informatics, Telemedicine, and Education Demonstration Project as part of an eligible health care provider telemedicine network (consortium). Title III: Federal Commission for Emergency Ambulance Services - Establishes the Federal Commission for Emergency Ambulance Services to study and report to the President and the Congress on all matters relating to emergency ambulance services, including any existing or proposed Federal department or agency rules that impact such services, together with recommendations for improving such matters. Title IV: Study and Report Regarding Consolidation of Federal Authority Over Emergency Medical Services - Directs the Comptroller General of the United States to study and report to the President and the Congress on the consolidation of Federal authority over emergency medical services in a single Federal agency, together with appropriate recommendations.

Emergency Medical Services Efficiency Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Modernization and Reporting Act of 2009''. SEC. 2. DEFINITIONS. Subsection (a) of section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended-- (1) in the matter preceding paragraph (1) by striking ``In this section:'' and inserting ``Except as otherwise specifically provided, in this title:''; (2) by redesignating paragraph (1) as paragraph (2); (3) by redesignating paragraph (2) as paragraph (5); (4) by redesignating paragraph (3) as paragraph (4); (5) by redesignating paragraph (4) as paragraph (12); (6) by redesignating paragraph (5) as paragraph (10); (7) by redesignating paragraph (6) as paragraph (15); (8) by redesignating paragraph (7) as paragraph (14); (9) by redesignating paragraph (8) as paragraph (3); (10) by inserting before paragraph (2), as redesignated by paragraph (2), the following: ``(1) Adjudication.--The term `adjudication' means the evaluation of pertinent data in a background investigation and any other available information that is relevant and reliable to determine whether an individual is-- ``(A) suitable for Federal Government employment; ``(B) eligible for logical and physical access to federally controlled information systems; ``(C) eligible for physical access to federally controlled facilities; ``(D) eligible for access to classified information; ``(E) eligible to hold a sensitive position; or ``(F) fit to perform work for or on behalf of the Federal Government as a contractor employee.''; (11) by inserting after paragraph (5), as redesignated by paragraph (3), the following: ``(6) Classified information.--The term `classified information' means information that has been determined, pursuant to Executive Order 12958 (60 Fed. Reg. 19825) or a successor or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), to require protection against unauthorized disclosure. ``(7) Continuous evaluation.--The term `continuous evaluation' means a review of the background of an individual who has been determined to be eligible for access to classified information (including additional or new checks of commercial databases, Government databases, and other information lawfully available to security officials) at any time during the period of eligibility to determine whether that individual continues to meet the requirements for eligibility for access to classified information. ``(8) Contractor.--The term `contractor' means an expert or consultant, who is not subject to section 3109 of title 5, United States Code, to an agency, an industrial or commercial contractor, licensee, certificate holder, or grantee of any agency, including all subcontractors, a personal services contractor, or any other category of person who performs work for or on behalf of an agency and who is not an employee of an agency. ``(9) Contractor employee fitness.--The term `contractor employee fitness' means fitness based on character and conduct for work for or on behalf of an agency as a contractor employee.''; (12) by inserting after paragraph (10), as redesignated by paragraph (6), the following: ``(11) Federally controlled facilities; federally controlled information systems.--The term `federally controlled facilities' and `federally controlled information systems' have the meanings prescribed in guidance pursuant to the Federal Information Security Management Act of 2002 (title III of Public Law 107-347; 116 Stat. 2946), the amendments made by that Act, and Homeland Security Presidential Directive 12, or any successor Directive.''; (13) by inserting after paragraph (12), as redesignated by paragraph (5), the following: ``(13) Logical access.--The term `logical access' means, with respect to federally controlled information systems, access other than occasional or intermittent access to federally controlled information systems.''; and (14) by inserting after paragraph (15), as redesignated by paragraph (7), the following: ``(16) Physical access.--The term `physical access' means, with respect to federally controlled facilities, access other than occasional or intermittent access to federally controlled facilities. ``(17) Sensitive position.--The term `sensitive position' means any position designated as a sensitive position under Executive Order 10450 or any successor Executive Order. ``(18) Suitability.--The term `suitability' has the meaning of that term in part 731, of title 5, Code of Federal Regulations or any successor similar regulation.''. SEC. 3. SECURITY CLEARANCE AND SUITABILITY DETERMINATION REPORTING. (a) Extension of Reporting Requirements.--Paragraph (1) of section 3001(h) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b(h)) is amended by striking ``through 2011,'' and inserting ``until the earlier of the date that is 2 years after the date that the Comptroller General of the United States has removed all items related to security clearances from the list maintained by the Comptroller General known as the High-Risk List or 2017,''. (b) Reports on Security Clearance Review Processes.--Paragraph (2) of such section 3001(h) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (E) and (F), respectively; and (2) by striking subparagraph (A) and inserting the following: ``(A) a description of the full range of time required to complete initial clearance applications, including time required by each authorized investigative agency and each authorized adjudicative agency-- ``(i) to respond to requests for security clearances for individuals, including the periods required to initiate security clearance investigations, conduct security clearance investigations, deliver completed investigations to the requesting agency, adjudicate such requests, make final determinations on such requests, and notify individuals and individuals' employers of such determinations, from date of submission of the requests to the date of the ultimate disposition of the requests and notifications, disaggregated by the type of security clearance, including Secret, Top Secret, and Top Secret with Special Program Access, including sensitive compartmented information clearances-- ``(I) for civilian employees of the United States; ``(II) for members of the Armed Forces of the United States; and ``(III) for contractor employees; and ``(ii) to conduct investigations for suitability determinations for individuals from successful submission of applications to ultimate disposition of applications and notifications to the individuals-- ``(I) for civilian employees of the United States; ``(II) for members of the Armed Forces of the United States; and ``(III) for contractor employees; ``(B) a listing of the agencies and departments of the United States that have established and utilize policies to accept all security clearance background investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency; ``(C) a description of the progress in implementing the strategic plan referred to in section 3004; and ``(D) a description of the progress made in implementing the information technology strategy referred to in section 3005;''. SEC. 4. SECURITY CLEARANCE AND SUITABILITY PERFORMANCE ACCOUNTABILITY COUNCIL. Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b et seq.) is amended by adding at the end the following new section: ``SEC. 3003. SECURITY CLEARANCE AND SUITABILITY PERFORMANCE ACCOUNTABILITY COUNCIL. ``(a) Establishment.--There is established a Security Clearance and Suitability Performance Accountability Council (hereinafter referred to as the `Council'). ``(b) Chair.-- ``(1) Designation.--The Deputy Director for Management, Office of Management and Budget, shall serve as Chair of the Council. ``(2) Authority.--The Chair of the Council shall have authority, direction, and control over the functions of the Council. ``(c) Vice Chair.--The Chair of the Council shall select a Vice Chair to act in the Chair's absence. ``(d) Membership.-- ``(1) In general.--The members of the Council shall include-- ``(A) the Chair of the Council; and ``(B) an appropriate senior officer from each of the following: ``(i) The Office of the Director of National Intelligence. ``(ii) The Department of Defense. ``(iii) The Office of Personnel Management. ``(2) Other members.--The Chair of the Council may designate appropriate employees of other agencies or departments of the United States as members of the Council. ``(e) Duties.--The Council shall-- ``(1) ensure alignment of suitability, security, and, as appropriate, contractor employee fitness, investigative, and adjudicative processes; ``(2) ensure alignment of investigative requirements for suitability determinations and security clearances to reduce duplication in investigations; ``(3) oversee the establishment of requirements for enterprise information technology; ``(4) oversee the development of techniques and tools, including information technology, for enhancing background investigations and eligibility determinations and ensure that such techniques and tools are utilized; ``(5) ensure that each agency and department of the United States establishes and utilizes policies for ensuring reciprocal recognition of clearances that allow access to classified information granted by all other agencies and departments; ``(6) ensure sharing of best practices among agencies and departments of the United States; ``(7) hold each agency and department of the United States accountable for the implementation of suitability, security, and, as appropriate, contractor employee fitness processes and procedures; and ``(8) hold each agency and department of the United States accountable for recognizing clearances that allow access to classified information granted by all other agencies and departments of the United States. ``(f) Assignment of Duties.--The Chair may assign, in whole or in part, to the head of any agency or department of the United States, solely or jointly, any duty of the Council relating to-- ``(1) alignment and improvement of investigations and determinations of suitability; ``(2) determinations of contractor employee fitness; and ``(3) determinations of eligibility-- ``(A) for logical access to federally controlled information systems; ``(B) for physical access to federally controlled facilities; ``(C) for access to classified information; or ``(D) to hold a sensitive position.''. SEC. 5. STRATEGIC PLAN FOR REFORM. Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b et seq.), as amended by section 4, is further amended by adding at the end the following new section: ``SEC. 3004. SECURITY CLEARANCE AND SUITABILITY REFORM STRATEGIC PLAN. ``(a) Requirement for Plan.--Not later than 90 days after the date of the enactment of the Security Clearance Modernization and Reporting Act of 2009, the Security Clearance and Suitability Performance Accountability Council established in section 3003 shall develop a strategic plan that identifies the causes of problems with the issuance of security clearances and a description of actions to be taken to correct such problems. ``(b) Contents.--The plan required by subsection (a) shall include a description of-- ``(1) the clear mission and strategic goals of the plan; ``(2) performance measures to be used to determine the effectiveness of security clearance procedures, including measures for the quality of security clearance investigations and adjudications; ``(3) a formal communications strategy related to the issuance of security clearances; ``(4) the roles and responsibilities for agencies participating in security clearance reform efforts; and ``(5) the long-term funding requirements for security clearance reform efforts. ``(c) Submission to Congress.--The plan required by subsection (a) shall be submitted to the appropriate committees of Congress. ``(d) Government Accountability Office Review.--The plan required by subsection (a) shall be reviewed by the Comptroller General of the United States following its submission to the appropriate committees of Congress under subsection (c).''. SEC. 6. INFORMATION TECHNOLOGY STRATEGY. Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b et seq.), as amended by sections 4 and 5, is further amended by adding at the end the following new section: ``SEC. 3005. INFORMATION TECHNOLOGY STRATEGY. ``(a) Requirement for Strategy.--Not later than 120 days after the date of the enactment of the Security Clearance Modernization and Reporting Act of 2009, the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress an information technology strategy that describes the plans to expedite investigative and adjudicative processes, verify standard information submitted as part of an application for a security clearance, and provide security clearance and suitability determination reform consistent with the strategy required by section 3004(a), by carrying out the Enterprise Information Technology Strategy referred to in the Report of the Joint Security and Suitability Reform Team, dated December 30, 2008. ``(b) Content.--The strategy required by subsection (a) shall include-- ``(1) a description of information technology required to request a security clearance or suitability investigation; ``(2) a description of information technology required to apply for a security clearance or suitability investigation; ``(3) a description of information technology systems needed to support such investigations; ``(4) a description of information technology required to transmit common machine readable investigation files to agencies for adjudication; ``(5) a description of information technology required to support agency adjudications of security clearance and suitability determinations; ``(6) a description of information technology required to support continuous evaluations; ``(7) a description of information technology required to implement a single repository containing all security clearance and suitability determinations of each agency and department of the United States that is accessible by each such agency and department in support of ensuring reciprocal recognition of access to classified information among such agencies and departments; ``(8) a description of the efforts of the Security Clearance and Suitability Performance Council established in section 3003, and each of the Department of Defense, the Office of Personnel Management, and the Office of the Director of National Intelligence to carry out the strategy submitted under subsection (a); ``(9) the plans of the agencies and departments of the United States to develop, implement, fund, and provide personnel to carry out the strategy submitted under subsection (a); ``(10) cost estimates to carry out the strategy submitted under subsection (a); and ``(11) a description of the schedule for carrying out the strategy submitted under subsection (a).''. SEC. 7. TECHNICAL AND CLERICAL AMENDMENTS. (1) Technical correction.--The table of contents in section 1(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3638) is amended by adding after the item relating to section 3001 the following: ``Sec. 3002. Security clearances; limitations.''. (2) Clerical amendment.--The table of contents in section 1(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), is further amended by adding after the item relating to section 3002, as added by such paragraph, the following: ``Sec. 3003. Security Clearance and Suitability Performance Accountability Council. ``Sec. 3004. Security clearance and suitability reform strategic plan. ``Sec. 3005. Information technology strategy.''.

Security Clearance Modernization and Reporting Act of 2009 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend national security clearance report requirements to the earlier of two years after the Comptroller General has removed all security clearance-related items from the list known as the High-Risk List, or 2017. (Under current law, such report requirement runs through 2011.) Adds to required report information a description of the full range of time required to complete initial clearance applications. Establishes the Security Clearance and Suitability Performance Accountability Council to perform specified duties, and oversee the development of techniques, relating to the enhancement of applicant suitability determinations and security clearances, including holding each U.S. agency accountable for its security procedures. Directs the Council to develop and submit to Congress a strategic plan that identifies the causes of problems with the issuance of security clearances and a description of corrective actions to address such problems. Requires the Director of the Office of Management and Budget (OMB) to submit to Congress an information technology strategy for expediting the security clearance process and for providing security clearance and suitability determination reform consistent with the Report of the Joint Security and Suitability Reform Team, dated December 20, 2008.

A bill to amend the Intelligence Reform and Terrorism Prevention Act of 2004 to establish a Security Clearance and Suitability Performance Accountability Council and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Information and Communications Technology Research Act''. SEC. 2. SPECTRUM-SHARING INNOVATION TESTBED. (a) Spectrum-Sharing Plan.--Within 1 year after the date of enactment of this Act, the Federal Communications Commission and the Assistant Secretary of Commerce for Communications and Information, in coordination with other Federal agencies, shall-- (1) develop a plan to increase sharing of spectrum between Federal and non-Federal government users; and (2) establish a pilot program for implementation of the plan. (b) Technical Specifications.--The Commission and the Assistant Secretary-- (1) shall each identify a segment of spectrum of equal bandwidth within their respective jurisdiction for the pilot program that is approximately 10 megaHertz in width for assignment on a shared basis to Federal and non-Federal government use; and (2) may take the spectrum for the pilot program from bands currently allocated on either an exclusive or shared basis. (c) Report.--The Commission and the Assistant Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce 2 years after the inception of the pilot program describing the results of the program and suggesting appropriate procedures for expanding the program as appropriate. SEC. 3. TELECOMMUNICATIONS INNOVATION ACCELERATION. (a) Program.--In order to accelerate the pace of innovation with respect to telecommunications services (as defined in section 3(46) of the Communications Act of 1934 (47 U.S.C. 153(46)), equipment, and technology, the Director of the National Institute of Standards and Technology shall-- (1) establish a program linked to the goals and objectives of the measurement laboratories, to be known as the ``Telecommunications Standards and Technology Acceleration Research Program'', to support and promote innovation in the United States through high-risk, high-reward telecommunications research; and (2) set aside, from funds available to the measurement laboratories, an amount equal to not less than 8 percent of the funds available to the Institute each fiscal year for such Program. (b) External Funding.--The Director shall ensure that at least 80 percent of the funds available for such Program shall be used to award competitive, merit-reviewed grants, cooperative agreements, or contracts to public or private entities, including businesses and universities. In selecting entities to receive such assistance, the Director shall ensure that the project proposed by an entity has scientific and technical merit and that any resulting intellectual property shall vest in a United States entity that can commercialize the technology in a timely manner. Each external project shall involve at least one small or medium-sized business and the Director shall give priority to joint ventures between small or medium-sized businesses and educational institutions. Any grant shall be for a period not to exceed 3 years. (c) Competitions.--The Director shall solicit proposals annually to address areas of national need for high-risk, high-reward telecommunications research, as identified by the Director. (d) Annual Report.--Each year the Director shall issue an annual report describing the program's activities, including include a description of the metrics upon which grant funding decisions were made in the previous fiscal year, any proposed changes to those metrics, metrics for evaluating the success of ongoing and completed grants, and an evaluation of ongoing and completed grants. The first annual report shall include best practices for management of programs to stimulate high-risk, high-reward telecommunications research. (e) Administrative Expenses.--No more than 5 percent of the finding available to the program may be used for administrative expenses. (f) High-Risk, High-Reward Telecommunications Research Defined.--In this section, the term ``high-risk, high-reward telecommunications research'' means research that-- (1) has the potential for yielding results with far-ranging or wide-ranging implications; (2) addresses critical national needs related to measurement standards and technology; and (3) is too novel or spans too diverse a range of disciplines to fare well in the traditional peer review process. SEC. 4. ADVANCED COMMUNICATIONS SERVICES FOR ALL AMERICANS. The Director of the National Institute of Standards and Technology shall continue to support research and support standards development in advanced information and communications technologies focused on enhancing or facilitating the availability and affordability of advanced communications services to all Americans, in order to implement the Institute's responsibilities under section 2(c)(12) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(12)). The Director shall support intramural research and cooperative research with institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) and industry. SEC. 5. ADVANCED INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH. (a) Information and Communications Technology Research.--The Director of the National Science Foundation shall establish a program of basic research in advanced information and communications technologies focused on enhancing or facilitating the availability and affordability of advanced communications services to all Americans. In developing and carrying out the program, the Director shall consult with the Board established under subsection (b). (b) Federal Advanced Information and Communications Technology Research Board.--There is established within the National Science Foundation a Federal Advanced Information and Communications Technology Board which shall advise the Director of the National Science Foundation in carrying out the program authorized by subsection (a). The Board Shall be composed of individuals with expertise in information and communications technologies, including representatives from the National Telecommunications and Information Administration, the Federal Communications Commission, the National Institute of Standards and Technology, the Department of Defense, and representatives from industry and educational institutions. (c) Grant Program.--The Director, in consultation with the Board, shall award grants for basic research into advanced information and communications technologies that will contribute to enhancing or facilitating the availability and affordability of advanced communications services to all Americans. Areas of research to be supported through these grants include-- (1) affordable broadband access, including wireless technologies; (2) network security and reliability; (3) communications interoperability; (4) networking protocols and architectures, including resilience to outages or attacks; (5) trusted software; (6) privacy; (7) nanoelectronics for communications applications; (8) low-power communications electronics; (9) such other related areas as the Director, in consultation with the Board, finds appropriate; and (10) implementation of equitable access to national advanced fiber optic research and educational networks, including access in noncontiguous States. (d) Centers.--The Director shall award multiyear grants, subject to the availability of appropriations, to institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research institutions affiliated with institutions of higher education, or consortia thereof to establish multidisciplinary Centers for Communications Research. The purpose of the Centers shall be to generate innovative approaches to problems in communications and information technology research, including the research areas described in subsection (c). Institutions of higher education, nonprofit research institutions affiliated with institutions of higher education, or consortia receiving such grants may partner with 1 or more government laboratories or for-profit entities, or other institutions of higher education or nonprofit research institutions. (e) Applications.--The Director, in consultation with the Board, shall establish criteria for the award of grants under subsections (c) and (d). Grants shall be awarded under the program on a merit-reviewed competitive basis. The Director shall give priority to grants that offer the potential for revolutionary rather than evolutionary breakthroughs. (f) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this section-- (1) $40,000,000 for fiscal year 2008; (2) $45,000,000 for fiscal year 2009; (3) $50,000,000 for fiscal year 2010; (4) $55,000,000 for fiscal year 2011; and (5) $60,000,000 for fiscal year 2012.

Advanced Information and Communications Technology Research Act - Requires the Federal Communications Commission (FCC) and the Assistant Secretary of Commerce for Communications and Information to develop a plan to increase sharing of spectrum between federal and nonfederal government users and establish a implementation pilot program. Requires the director of the National Institute of Standards and Technology (NIST) to establish the Telecommunications Standards and Technology Acceleration Research Program to support and promote innovation in the United States through high-risk, high-reward telecommunications research. Requires the director of the National Science Foundation (NSF) to establish a program of basic research in advanced information and communications technologies focused on enhancing or facilitating the availability and affordability of advanced communications services to all Americans. Requires related grants.

A bill to promote innovation and basic research in advanced information and communications technologies that will enhance or facilitate the availability and affordability of advanced communications services to all Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resolving Environmental and Grid Reliability Conflicts Act of 2015''. SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT. (a) Compliance With or Violation of Environmental Laws While Under Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended-- (1) in the first sentence, by striking ``(c) During'' and inserting the following: ``(c) Authorization During War or Emergency.-- ``(1) In general.--During''; and (2) by adding at the end the following: ``(2) Limitation as result of conflict with environmental law.--With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including regulations), the Commission shall ensure that the order-- ``(A) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and ``(B) to the maximum extent practicable-- ``(i) is consistent with any applicable Federal, State, or local environmental law (including regulations); and ``(ii) minimizes any adverse environmental impacts. ``(3) Compliance not considered violation of other law.--To the extent that any omission or action taken by a party that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply with the order, results in noncompliance with, or causes the party to not comply with, any Federal, State, or local environmental law (including regulations), the omission or action shall not-- ``(A) be considered a violation of that environmental law (including regulations); or ``(B) subject the party to any requirement, civil or criminal liability, or a citizen suit under that environmental law or regulation. ``(4) Expiration of order; renewal.-- ``(A) Expiration.--An order issued under this subsection that may result in a conflict as described in paragraph (3) shall expire not later than 90 days after that order is issued. ``(B) Renewal.--The Commission may renew or reissue an order described in subparagraph (A) pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest. ``(C) Consultation.--In renewing or reissuing an order under subparagraph (A) or (B), the Commission-- ``(i) shall consult with the primary Federal agency with expertise in the environmental interest protected by the law or regulation in conflict; and ``(ii)(I) shall include in any renewed or reissued order such conditions as that Federal agency determines necessary to minimize any adverse environmental impacts to the maximum extent practicable; or ``(II) may exclude from the renewed or reissued order any condition if the Commission-- ``(aa) determines the condition would prevent the order from adequately addressing the emergency necessitating the order; and ``(bb) provides in the order, or otherwise makes publicly available, an explanation of that determination. ``(D) Public availability.--Any conditions submitted by the Federal agency under subparagraph (C)(ii) shall be made available to the public. ``(5) Effect of court action.--If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 313 or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect, including any omission or action taken to voluntarily comply with the order, shall remain subject to paragraph (3).''. (b) Temporary Connection or Construction by Municipalities.-- Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended in the matter preceding the first proviso by inserting ``or municipality'' before ``engaged in the transmission or sale of electric energy''.

Resolving Environmental and Grid Reliability Conflicts Act of 2015 This bill amends the Federal Power Act with respect to orders by the Federal Energy Regulatory Commission (FERC) to generate, transmit, or sell electricity to prevent an emergency in energy reliability, where the order may result in a conflict with environmental law. FERC must ensure that the order: (1) requires generation, delivery, interchange, or transmission of electricity only during hours necessary to meet the emergency and serve the public interest; and (2) be consistent with applicable environmental law and minimize any adverse environmental impacts to the maximum extent practicable. Compliance with such an order shall not be considered a violation of conflicting federal, state, or local environmental laws. Orders that may result in a conflict with environmental law must expire within 90 days and may be renewed or reissued for subsequent periods as necessary to meet the emergency and serve the public interest. During an emergency, a municipality engaged in the transmission or sale of electricity and not otherwise subject to FERC's jurisdiction may make temporary connections with public utilities subject to FERC's jurisdiction and construct temporary facilities for the transmission of electricity in interstate commerce as may be necessary or appropriate to meet the emergency.

Resolving Environmental and Grid Reliability Conflicts Act of 2015

SECTION 1. ADMINISTRATIVE NATURALIZATION CEREMONIES. Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended by adding at the end the following: ``(e)(1) The ceremonies described in subsection (d) shall, at a minimum, contain the following events: ``(A) The introduction will consist of preparatory remarks to explain the nature and significance of the ceremony as well as an introduction of the Department of Homeland Security representative conducting the ceremony and special guests, participants, or groups. ``(B) The introduction of the new citizens may be accomplished either by Department of Homeland Security personnel or by the individuals themselves. The name and country of origin of each applicant should be included. If it is not practical to include the name of each applicant due to the size of the group being naturalized, a brief statement setting forth the number of persons to be administered the oath and their countries of origin should be made. ``(C) The oath of allegiance is administered by a Department of Homeland Security officer consistent with this section. ``(D) The new citizens should be requested to recite the pledge of allegiance to the flag of the United States. Either Service personnel, a guest, or one of the new citizens may lead the group. ``(E) A guest speaker (e.g., prominent civic leader, naturalized citizen, judge, etc.) or a Department of Homeland Security official will deliver appropriate remarks. A prepared statement or congratulatory message from the President, Attorney General, or Commissioner may be used. The address should focus on the form and distinctiveness of the United States Government and the privileges and responsibilities of citizenship. ``(F) Civic and patriotic groups (e.g., D.A.R., League of Women Voters, Veterans of Foreign Wars, Boy Scouts, etc.) should be introduced and allowed to present brief congratulatory remarks or special programs. ``(G) An individual commencement-style presentation should be used if possible; or the certificate may be delivered at the conclusion of the ceremony. Subsequent delivery via mail should be avoided. The new citizens are to be provided with appropriate commemorative material, and the President's welcoming letter. ``(2) Ceremonies may include activities in addition to those specified in paragraph (1) if the activities are in keeping with the dignity of the occasion. ``(3) Care should be taken to avoid associating ceremonies with such activities as partisan political functions, denominational religious functions, sporting events, or functions designed to draw crowds unrelated to the ceremony and which would not be in keeping with the dignity of the naturalization process. ``(f)(1) The ceremonies described in subsection (d) may be conducted at-- ``(A) Department of Homeland Security offices or facilities; ``(B) public sites such as city, county, state or Federal buildings; ``(C) school auditoriums, possibly as a part of civics curricula; ``(D) court facilities; ``(E) historic sites (ideally as a part of special commemorative events); ``(F) Outreach locations, such as community agencies or fraternal organizations; or ``(G) other appropriate facilities in keeping with the dignity of the occasion. ``(2) The decor of the oath ceremony location must be in keeping with the dignity and importance of the conferring of United States citizenship. While the Department of Homeland Security office need not copy doggedly the decor of a typical Federal court house, such type of decor should be kept in mind when planning ceremonies. At a minimum, the flag of the United States and the Department of Homeland Security pennant will be prominently displayed. A dais or podium should be provided for the use of the officiating employees and speakers. Facilities must be clean and neat. When planning space requirements, ample provision must be made for the guests of new citizens. ``(g) A separate calendar reflecting dates of administrative oath ceremonies for the calendar year shall be completed for each Department of Homeland Security office conducting naturalization activities. It shall be completed by January 31 of each year. The calendar, in addition to the dates of the ceremonies, must reflect the location of each ceremony and the number of persons to be scheduled for the ceremony. It must also indicate the total number of oath ceremonies actually held in the prior calendar year, and the number of abbreviated ceremonies held pursuant to subsection (h). ``(h)(1) When a district director or officer-in-charge determines that it is in the national interest that an applicant not wait until a scheduled oath ceremony to be administered the oath, an abbreviated oath ceremony may be held. In such case, only those items listed in subparagraphs (C), (E), and (G) of subsection (e)(1) need be included in the ceremony. ``(2) When it is determined that an abbreviated ceremony will be held, the district director or officer-in-charge will place in the applicant's service file a memorandum explaining the need for the abbreviated ceremony.''.

Amends the Immigration and Naturalization Act to set forth naturalization ceremony provisions.

To codify procedures regarding naturalization ceremonies conducted by the Secretary of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Safety Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to reduce the risks to life and property from dam failure in the United States through the reauthorization of an effective national dam safety program that brings together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction. SEC. 3. AMENDMENTS TO THE NATIONAL DAM SAFETY PROGRAM ACT. (a) Administrator.-- (1) In general.--The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by striking ``Director'' each place it appears and inserting ``Administrator''. (2) Conforming amendment.--Section 2(3) of such Act (33 U.S.C. 467(3)) is amended by striking ``(3) Director'' and inserting ``(3) Administrator''. (b) Inspection of Dams.--Section 3(b)(1) of such Act (33 U.S.C. 467a(b)(1)) is amended by striking ``or maintenance'' and inserting ``maintenance, condition, or provision for emergency operations''. (c) National Dam Safety Program.-- (1) Objectives.--Section 8(c)(4) of such Act (33 U.S.C. 467f(c)(4)) is amended to read as follows: ``(4) develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents;''. (2) Board.--Section 8(f)(4) of such Act (33 U.S.C. 467f(f)(4)) is amended by inserting ``, representatives from nongovernmental organizations,'' after ``State agencies''. (d) Authorization of Appropriations.-- (1) National dam safety program.-- (A) Annual amounts.--Section 13(a)(1) of such Act (33 U.S.C. 467j(a)(1)) is amended by striking ``$6,500,000 for fiscal year 2007, $7,100,000 for fiscal year 2008, $7,600,000 for fiscal year 2009, $8,300,000 for fiscal year 2010, and $9,200,000 for fiscal year 2011'' and inserting ``$7,100,000 for each of fiscal years 2012 through 2015''. (B) Maximum amount of allocation.-- (i) In general.--Section 13(a)(2)(B) of such Act (33 U.S.C. 467j(a)(2)(B)) is amended by striking ``50 percent of the reasonable cost of implementing the State dam safety program'' and inserting ``the amount of funds committed by the State to implement dam safety program activities''. (ii) Applicability.--The amendment made by clause (i) shall apply to fiscal year 2013 and each fiscal year thereafter. (2) National dam inventory.--Section 13(b) of such Act (33 U.S.C. 467j(b)) is amended by striking ``$650,000 for fiscal year 2007, $700,000 for fiscal year 2008, $750,000 for fiscal year 2009, $800,000 for fiscal year 2010, and $850,000 for fiscal year 2011'' and inserting ``$550,000 for each of fiscal years 2012 through 2015''. (3) Public awareness.--Section 13 of such Act (33 U.S.C. 467j) is amended-- (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following new subsection: ``(c) Public Awareness.--There is authorized to be appropriated to carry out section 8(c)(4) $600,000 for each of fiscal years 2012 through 2015.''. (4) Research.--Section 13(d) of such Act (as redesignated by paragraph (3)) is amended by striking ``$1,600,000 for fiscal year 2007, $1,700,000 for fiscal year 2008, $1,800,000 for fiscal year 2009, $1,900,000 for fiscal year 2010, and $2,000,000 for fiscal year 2011'' and inserting ``$1,100,000 for each of fiscal years 2012 through 2015''. (5) Dam safety training.--Section 13(e) of such Act (as redesignated by paragraph (3)) is amended by striking ``$550,000 for fiscal year 2007, $600,000 for fiscal year 2008, $650,000 for fiscal year 2009, $700,000 for fiscal year 2010, and $750,000 for fiscal year 2011'' and inserting ``$750,000 for each of fiscal years 2012 through 2015''. (6) Staff.--Section 13(f) of such Act (as redesignated by paragraph (3)) is amended by striking ``$700,000 for fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for fiscal year 2009, $1,000,000 for fiscal year 2010, and $1,100,000 for fiscal year 2011'' and inserting ``$800,000 for each of fiscal years 2012 through 2015''.

Dam Safety Act of 2011 [sic] - Amends the National Dam Safety Program Act to authorize appropriations for the national dam safety program for FY2012-FY2015. Requires the head of a federal agency, at the request of a state dam safety agency with respect to any dam the failure of which would affect the state, to provide information to that agency on the dam's condition and on its provisions for emergency operations. Includes as a program objective to develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents. Permits the Administrator, in consultation with the National Dam Safety Review Board, to invite representatives from nongovernmental organizations to participate in Board meetings. Prohibits the amount of funds allocated to a state to carry out the dam safety program from exceeding the amount committed by the state to implement program activities (currently, 50% of the reasonable cost of implementing the state dam safety program).

To reauthorize the National Dam Safety Program Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Diamonds Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Diamonds are being used by rebels and dictators to finance military activities, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thousands have fled to the United States. Approximately 2,400,000 people have died in the fighting. (2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting, but by the thousands of children forced to become soldiers, by the tens of thousands of women and girls raped and forced into sexual slavery, and by a campaign of forced amputations that has maimed and killed even more men, women, and children. (3) In the past decade, the United States Government has sent more than $2,000,000,000 in humanitarian aid to the people caught up in the wars. Over the same period, approximately $10,000,000,000 in diamonds were smuggled out of these same countries. Much of this money was used to continue and spread the wars. (4) The United States Government and human rights advocates recently began working to block the trade in conflict diamonds. Their efforts have helped to build a consensus that action is urgently needed, and they have persuaded the legitimate diamond industry that its own interests demand a comprehensive effort to end the diamond smuggling that fuels these conflicts. (5) The United Nations Security Council, acting under chapter VII of the Charter of the United Nations, has prohibited all states from importing diamonds from, and exporting weapons to, certain countries affected by diamond- related conflicts. Unfortunately, diamond smugglers continue funding rebel movements, and the sanctions have not been sufficiently effective to achieve their goals. In turn, this illicit trade has facilitated trade in narcotics, arms proliferation, regional destabilization, money laundering, and other criminal enterprises. This has severely hampered efforts by the United States to safeguard its citizens from drugs, terrorism, and other threats to the security of the American people. (6) Without effective action to prohibit trade in conflict diamonds, the trade in legitimate diamonds faces the threat of a consumer backlash that could damage the economies of countries not involved in the trade in conflict diamonds and penalize members of the legitimate trade and the people they employ. To prevent that, South Africa and more than 20 other countries are involved in working, through the ``Kimberley Process'', toward devising a solution to this problem. As the consumer of two-thirds of the world's supply of diamonds, the United States has an obligation to help sever the link between diamonds and conflict and press for implementation of an effective solution. SEC. 3. RESTRICTIONS ON IMPORTATION OF DIAMONDS. (a) Restrictions.-- (1) Requirements for imported diamonds.--Diamonds may not be imported into the United States unless the country exporting the diamonds to the United States is implementing a system of controls on the export and import of rough diamonds that meets the requirements of paragraph (2), consistent with United Nations General Assembly Resolution 55/56 adopted on December 1, 2000, or a future international agreement which implements such controls and to which the United States is a signatory. (2) Requirements for system of controls.--The system of controls referred to in paragraph (1) shall include the following: (A) Rough diamonds, when exported from the country in which they were extracted, shall be sealed in a secure, transparent container or bag by appropriate government officials of that country. (B) The sealed container or bag described in subparagraph (A) shall include a fully visible document that-- (i) certifies the country from which the rough diamonds were extracted; (ii) records a unique export registration number for, and the total carat weight and number of, the rough diamonds in the container or bag; and (iii) is issued by the government of that country. (C) The country from whose territory the rough diamonds are exported shall establish a database containing at least the information on exports of rough diamonds described in subparagraph (B). (D) Any country into whose territory the rough diamonds are first imported prior to polishing or other processing-- (i) shall permit importation of the rough diamonds only in a container or bag described in subparagraphs (A) and (B); and (ii) can verify, on the basis of documentation provided to it by electronic or other reliable means, the legitimacy of the export document included in the sealed container or bag in which the rough diamonds were shipped, using the database maintained in the country of export. (E) Appropriate government authorities shall conduct physical inspections of the sealed containers and bags of rough diamonds to ensure compliance with the requirements of this paragraph. (b) Monitoring.--The President shall ensure that the system of controls described in subsection (a) is monitored by appropriate agencies of the United States. (c) Presidential Advisory Commission.-- (1) Purposes.--The President shall appoint an advisory commission, the purposes of which shall be-- (A) to make recommendations to the President on the effectiveness of the monitoring under subsection (b), and on ways to improve such monitoring; and (B) to develop a labeling system, that could be used by diamond and jewelry vendors, that would certify to consumers that a diamond imported into the United States has been subject to a system of controls on rough diamonds described in subsection (a). (2) Membership.--The advisory commission shall be composed of 11 members, 3 of whom shall be representatives of private voluntary organizations, and 2 of whom shall be representatives of the diamond industry. The remaining members may be appointed from appropriate agencies of the United States and other interested parties. SEC. 4. PENALTIES. (a) In General.--Violations of section 3 are subject to civil and criminal penalties under the laws of the United States to the same extent as any other violation of the customs laws of the United States. (b) Blocking Assets and Prohibiting Transactions.--The President may exercise the authorities he has under the International Economic Powers Act (50 U.S.C. 1701 et seq.), without regard to section 202 of that Act, to block, and prohibit transactions in, property owned or controlled by any person who exports diamonds to the United States from a country that fails to meet the requirements of section 3(a) of this Act. The penalties provided in section 206 of the International Economic Powers Act shall apply to violations of licenses, orders, or regulations issued under this subsection to the same extent as such penalties apply with respect to violations under that Act. (c) Proceeds From Fines and Forfeited Goods.--The proceeds derived from fines imposed for violations of section 3(a), and from the seizure and forfeiture of goods imported in violation of section 3(a), shall, in addition to amounts otherwise available for such purposes, be available only for-- (1) the War Victims Fund administered by the Agency for International Development or any successor program to assist victims of foreign wars; and (2) grants under section 131 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a). SEC. 5. RESTRICTIONS ON OPIC AND EXPORT-IMPORT BANK. (a) OPIC.--The Overseas Private Investment Corporation may not insure, reinsure, guarantee, or finance any investment in connection with a project involving the mining, polishing or other processing, or sale of diamonds in a country that fails to meet the requirements of section 3(a). (b) Export-Import Bank.--The Export-Import Bank of the United States may not guarantee, insure, extend credit, or participate in an extension of credit in connection with the export of any goods to a country for use in an enterprise involving the mining, polishing or other processing, or sale of diamonds in a country that fails to meet the requirements of section 3(a). SEC. 6. ANNUAL REPORT. The President shall transmit to the Congress, not later than 6 months after the date of the enactment of this Act, and not later than September 30 of each subsequent calendar year, a report-- (1) describing and evaluating the effectiveness of the system of controls on trade in diamonds described in section 3(a); (2) identifying those countries that are implementing those controls; (3) identifying those countries that are not implementing those controls, and describing the effects of that failure on the trade in diamonds used to support conflict in the country or regions in which the diamonds are extracted; and (4) describing in detail technological developments that allow-- (A) the determination of where a diamond was mined; and (B) the marking and tracking of rough and polished diamonds. SEC. 7. GAO REPORT. Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall report to the Congress on the effectiveness of the provisions of this Act in preventing the importation of diamonds traded in violation of the system of controls described in section 3(a). The Comptroller General shall include in the report any recommendations on any modifications to this Act that may be necessary. SEC. 8. NEGOTIATION OF INTERNATIONAL AGREEMENT. It is the sense of the Congress that the President should take the necessary steps to negotiate an international agreement, working in concert with the Kimberley Process referred to in section 2(6), to eliminate the trade in diamonds used to support conflict in the country or regions in which the diamonds are extracted. Such an agreement should create an effective global certification system covering diamond exporting and importing countries, and should include those elements described in section 3(a)(2). SEC. 9. DEFINITIONS. In this Act: (1) Diamonds.--The term ``diamonds'' includes any diamonds or diamond jewelry, classified under heading 7102 or 7113 of the Harmonized Tariff Schedule of the United States, other than diamond jewelry not exceeding $25,000 in value imported by or on account of a person for personal use and accompanying that person upon entry into the United States. (2) Rough diamonds.--The term ``rough diamonds'' means diamonds that are unworked, or simply sawn, cleaved, or bruted, classified under heading 7102 of the Harmonized Tariff Schedule of the United States. (3) United states.--The term ``United States'', when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 10. EFFECTIVE DATE AND WAIVERS. (a) In General.--Except as provided in subsection (b), this Act shall take effect on the date that is 6 months after the date of the enactment of this Act. (b) Waiver Authority.--The President may waive the applicability of this Act with respect to a country for a period of not more than 6 months if the President, before granting the waiver-- (1) determines that the country is making significant progress toward concluding an international agreement described in section 8 or is implementing the system of controls on the export and import of rough diamonds described in section 3(a); and (2) transmits that determination, with the reasons therefor, to the Congress.

Clean Diamonds Act - Prohibits the import of diamonds into the United States unless the exporting country is implementing a system of controls on the export or import of rough diamonds that meets specified requirements, consistent with United Nations General Assembly Resolution 55/56 adopted on December 1, 2000, or a future international agreement which implements such controls and to which the United States is a signatory. Sets forth both civil and criminal penalties for violations of the requirements of this Act.Prohibits the Overseas Private Investment Corporation and the Export-Import Bank from engaging in certain transactions in connection with projects or exports to countries violating the requirements of this Act.Expresses the sense of Congress that the President should take steps to negotiate an international agreement to eliminate the trade in diamonds used to support conflict in the country or regions in which such diamonds are mined.Provides a waiver for the requirements of this Act.

To prohibit the importation of diamonds unless the countries exporting the diamonds into the United States have in place a system of controls on rough diamonds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Carlie's Law''. SEC. 2. COORDINATION AMONG DEPARTMENT OF STATE, DEPARTMENT OF HOMELAND SECURITY, AND FEDERAL BUREAU OF INVESTIGATION TO MONITOR OVERSEAS SEX OFFENDERS UPON RETURN TO THE UNITED STATES. (a) State Department to Notify Customs and Border Protection Agents.--Whenever it is made known to the Secretary of State that a citizen of the United States has been convicted outside the United States of a child predatory crime-- (1) the Secretary of State shall promptly notify the Secretary of Homeland Security of the conviction of that individual; and (2) the Secretary of Homeland Security shall ensure that the information relating to the conviction is available to, and used by, agents of the Bureau of Customs and Border Protection. (b) Customs and Border Protection Agents to Notify FBI.--Whenever it is made known to an agent of the Bureau of Customs and Border Protection that a citizen of the United States, who has been convicted outside the United States of a child predatory crime, has entered the United States-- (1) the Secretary of Homeland Security shall promptly notify the Director of the Federal Bureau of Investigation of the entry of that citizen; and (2) the Director of the Federal Bureau of Investigation shall ensure that the information relating to the entry of that citizen is promptly entered into the National Sex Offender Registry. (c) Definition.--In this section, the term ``child predatory crime'' includes-- (1) any crime under which a child is exploited for sexual purposes, such as molestation, rape, fondling, or trafficking; and (2) any felony in which a child is the victim. SEC. 3. EXPANSION OF NATIONAL SEX OFFENDER REGISTRY TO INCLUDE INDIVIDUALS CONVICTED OF EXPLOITATION OR TRAFFICKING. Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended in subsection (a)(3)(A)-- (1) by striking ``or'' at the end of clause (viii); (2) by redesignating clause (ix) as clause (xi); (3) by inserting after clause (viii) the following new clauses: ``(ix) exploitation of a minor; ``(x) trafficking in persons with respect to a minor; or''; and (4) in clause (xi), as so redesignated, by striking ``clauses (i) through (vii)'' and inserting ``clauses (i) through (x)''. SEC. 4. CRIMINAL FORFEITURE OF PROPERTY OF PERSONS CONVICTED OF EXPLOITATION OR TRAFFICKING. (a) Property Subject to Criminal Forfeiture.--Any person convicted of a violation of a Federal law relating to exploitation or trafficking in persons shall forfeit to the United States, irrespective of any provision of State law-- (1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. (b) Court Order.--The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed for that offense, that the person forfeit to the United States all property described in subsection (a). In lieu of a fine otherwise authorized for that offense, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. (c) Incorporation of Criminal Forfeiture Provisions of Controlled Substances Act.--The following provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853) apply to a conviction referred to in subsection (a): Subsections (b) through (i) and subsections (k) through (p). (d) Comparable State Forfeiture Laws.--Each State shall have in effect laws and policies comparable to the laws and policies in this section. A State that, as determined by the Attorney General, fails to have in effect such laws and policies shall not receive any grant amounts or other assistance under any program of the Department of Justice. SEC. 5. ELECTRONIC SURVEILLANCE OF INDIVIDUALS CONVICTED OF A CRIMINAL OFFENSE AGAINST A MINOR AGE 12 OR UNDER. (a) Surveillance Required.--Any person convicted of a criminal offense against a victim who is a minor (as defined in section 170101 of the Violent Crime Control and Law Enforcement Act of 1994) shall, if the minor was age 12 or under, be subject to electronic surveillance for the life of the person, except as provided in this section. (b) Exceptions.-- (1) During period of imprisonment.--A person shall not be subject to electronic surveillance under subsection (a) during a period of imprisonment. (2) After determined to be no longer a threat to community.--After a person has completed any period of imprisonment, probation, parole, or supervised release, and has completed any mandatory counseling, an appropriate official shall periodically assess, in an appropriate proceeding, whether the person no longer presents a threat to the community. If the official so determines, and that determination becomes final, the person shall not be subject to electronic surveillance under subsection (a) thereafter. (c) Officials Responsible.--The United States Marshals Service and the Bureau of Prisons shall be responsible for carrying out the electronic surveillance required by this section. (d) Type of Surveillance.--Surveillance required by this section shall be carried out using devices approved by the United States Marshals Service. (e) Comparable State Electronic Surveillance Laws.--Each State shall have in effect laws and policies comparable to the laws and policies in this section. A State that, as determined by the Attorney General, fails to have in effect such laws and policies shall not receive any grant amounts or other assistance under any program of the Department of Justice. SEC. 6. RECLASSIFICATION OF TRAFFICKING IN PERSONS AS CRIME OF VIOLENCE UNDER FEDERAL SENTENCING GUIDELINES. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide for trafficking in persons to be treated as a crime of violence. SEC. 7. REVOCATION OF PROBATION OR SUPERVISED RELEASE. (a) Probation.--Section 3565(b) of title 18, United States Code, is amended-- (1) in paragraph (3) by striking ``or'' at the end; and (2) by inserting after paragraph (4) the following new paragraphs: ``(5) commits a felony crime of violence; or ``(6) commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years;''. (b) Supervised Release.--Section 3583(g) of title 18, United States Code, is amended-- (1) in paragraph (3) by striking ``or'' at the end; and (2) by inserting after paragraph (4) the following new paragraphs: ``(5) commits a felony crime of violence; or ``(6) commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years;''. SEC. 8. STANDARDIZATION OF INFORMATION IN NATIONAL SEX OFFENDER REGISTRY. (a) Standardization Required.--The Attorney General shall prescribe regulations that specify the fields of information used in the National Sex Offender Registry. The Attorney General shall ensure that each State or other entity that provides information to the National Sex Offender Registry provides, to the maximum extent practicable, all the information specified in the regulations. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the regulations required by subsection (a). SEC. 9. FORFEITURE OF PROPERTY BY PERSONS CONVICTED OF TRAFFICKING IN PERSONS. (a) In General.--Chapter 117 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 2428. Forfeiture ``(a) Forfeiture Required.--The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States-- ``(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(2) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. ``(b) Property Subject to Forfeiture.-- ``(1) In general.--The following shall be subject to forfeiture to the United States and no property right shall exist in them: ``(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter. ``(B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter. ``(2) Relationship to chapter 46.--The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection.''. (b) Technical Amendment.--The chapter analysis at the beginning of such chapter is amended by adding at the end the following new item: ``2428. Forfeiture.''.

Carlie's Law - Requires: (1) the Secretary of State to notify the Secretary of Homeland Security that a U.S. citizen has been convicted outside the United States of a child predatory crime; (2) the Secretary of Homeland Security to ensure that such information is available to, and used by, agents of the Bureau of Customs and Border Protection; (3) the Secretary of Homeland Security to notify the Director of the Federal Bureau of Investigation (FBI) when such a person has entered the United States; and (4) the Director to ensure that such information is promptly entered into the National Sex Offender Registry. Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to expand the Registry to include individuals convicted of exploitation of a minor or trafficking in persons with respect to a minor. Provides for criminal forfeiture of property of persons convicted of exploitation or trafficking. Subjects any person convicted of a criminal offense against a victim who is a minor age 12 or under to electronic surveillance for life, with exceptions. Directs: (1) the U.S. Sentencing Commission to amend the federal sentencing guidelines to provide for trafficking in persons to be treated as a crime of violence; and (2) the Attorney General to prescribe regulations that specify the fields of information used in the Registry.

To protect against child predators and trafficking in persons.

SECTION 1. FINDINGS. The Senate makes the following findings: (1) On May 26, 1972, President Nixon and General Secretary Brezhnev signed the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems. The ABM Treaty was ratified by the Senate on August 3, 1972, by a vote of 88-2, and entered into force on October 3, 1972. (2) The ABM Treaty sought to end an emerging competition in defensive systems between the United States and the Soviet Union that threatened to spur an offensive nuclear arms race, and to create more favorable conditions to further limit strategic nuclear weapons. (3) The ABM Treaty was designed to address the major threat to the United States at that time, the threat of a nuclear arms race with the Soviet Union, and did not contemplate the potential emergence of other strategic missile threats. (4) The ABM Treaty remains important to arms control, nuclear nonproliferation, and United States national security because it promotes strategic stability, facilitates reductions in offensive nuclear weapons, and encourages movement toward more secure and stable nuclear alert postures. (5) The ABM Treaty is of unlimited duration, but each party to the treaty has the right to withdraw on six months notice if the party decides that its supreme interests are jeopardized by ``extraordinary events related to the subject matter of this Treaty''. (6) The mid-course hit-to-kill national missile defense system is currently in the early stages of research and development. The fourth research and development intercept test of the system was conducted on July 14, 2001. A total of twenty-one developmental intercept tests are planned, and subsequent operational testing of the system is not scheduled to begin until fiscal year 2005. (7) On July 12, 2001, Secretary of Defense Rumsfeld stated that ``[t]he United States is not going to violate the [ABM] Treaty. If we get to the point where we need to get beyond the treaty and we haven't been able to negotiate something, obviously, there's a provision you can withdraw in six months and that's what you'd have to do.''. (8) Unilateral abrogation or withdrawal from the ABM Treaty by the United States will have profound implications for global security and stability and for United States national security interests, and is viewed with apprehension by United States allies as well as other states. (9) While unilateral abrogation or withdrawal from the ABM Treaty would have negative consequences for United States security, negotiated modest modifications of the Treaty could preserve the essential effectiveness of the Treaty with respect to Russia, and allow the United States to address threats that have emerged since the ABM Treaty was drafted in 1972. (10) At their July 22, 2001 meeting in Geneva, Presidents Bush and Putin agreed ``that major changes in the world require concrete discussion of both offensive and defensive systems. We already have some strong and tangible points of agreement. We will shortly begin intensive consultations on the interrelated subjects of offensive and defensive systems.''. SEC. 2. SENSE OF SENATE ON UNITED STATES ADHERENCE TO THE ABM TREATY. It is the sense of the Senate that-- (1) all research, development, test, and evaluation programs and activities of the United States for missile defense purposes should remain consistent with United States commitments to and obligations under the ABM Treaty; (2) the United States should pursue good faith consultations with Russia to address such modest modifications of the ABM Treaty as may be necessary to address threats which have emerged since the Treaty was signed and lead to an agreement on appropriate limits on strategic nuclear offensive and defensive systems that is in the national security interest of the United States; (3) the United States should not unilaterally abrogate or withdraw from the ABM Treaty; and (4) the United States should not deploy a national missile defense system until-- (A) operational tests of a fully integrated version of the system have been conducted utilizing realistic test parameters; and (B) the operational tests have demonstrated, in a manner consistent with the provisions of section 2399 of title 10, United States Code, that the system, whether part of a fully integrated system or an emergency deployment, is operationally effective and suitable for use in combat. SEC. 3. LIMITATION ON USE OF FUNDS FOR MISSILE DEFENSE PROGRAMS AND ACTIVITIES. (a) Limitation on Use To Abrogate ABM Treaty.--Notwithstanding any other provision of law, no funds may be obligated or expended for any test, evaluation, or deployment of a National Missile Defense system, or any program or activity relating to a National Missile Defense system, that would result in the abrogation of or withdrawal from the ABM Treaty. (b) Limitation on Use Inconsistent With Future Agreements.-- Notwithstanding any other provision of law, if an agreement with Russia to amend the ABM Treaty, or an agreement with Russia governing strategic nuclear offensive and defensive systems, comes into force after the date of the enactment of this Act, no funds may be obligated or expended after the date such agreement comes into force for any test, evaluation, or deployment of a National Missile Defense system, or any program or activity relating to a National Missile Defense system, that would by inconsistent with such agreement. (c) Scope of Limitation.--For purposes of this section, a test, evaluation, or deployment of a system shall include any construction required to carry out the test, evaluation, or deployment of the system. SEC. 4. REPORTS ON DECISIONS RELATING TO DEPLOYMENT OF A NATIONAL MISSILE DEFENSE SYSTEM. (a) Report by Secretary of State Before Decisions.--Not later than 120 days before any decision by the President described in subsection (c), the Secretary of State shall submit to Congress a report, in writing, containing the following: (1) A description of the specific national security threat that justifies such decision. (2) An assessment of the extent to which testing not compliant with the ABM Treaty, and the deployment of an integrated missile defense system or emergency capability using test assets, will enhance overall United States national security, which assessment shall take into account-- (A) the likelihood of the missile threat that the testing or deployment, as the case may be, is designed to counter; (B) the impact of the testing or deployment, as the case may be, on United States relations with our allies, and with Russia and China; and (C) the impact of the testing or deployment, as the case may be, on existing nuclear arms control agreements, nuclear risk reduction objectives, and United States nonproliferation goals and treaty commitments. (b) Certification by Secretary of Defense Before Decisions.--(1) Not later than 120 days before a decision by the President described in subsection (c)(1), the Secretary of Defense shall certify to Congress, in writing, that-- (A) operational tests of a fully integrated version of the missile system or emergency capability concerned have been conducted utilizing realistic test parameters, including countermeasures and decoys; and (B) such operational tests have demonstrated, in a manner consistent with the provisions of section 2399 of title 10, United States Code, that the missile system or emergency capability, as the case may be, whether part of a fully integrated system or an emergency deployment, is operationally effective and suitable for use in combat. (2) A certification under this subsection shall be submitted in both classified and unclassified form. (c) Covered Decisions.--The decisions described in this subsection are as follows: (1) A decision to deploy a missile system designated to defend the territory of the United States against ballistic missile attack, including the deployment of an emergency capability utilizing missile defense assets. (2) A decision to notify Russia of the intention of the United States to withdraw from the ABM Treaty. SEC. 5. ANNUAL ASSESSMENTS ON THREAT OF ATTACK ON THE UNITED STATES USING WEAPONS OF MASS DESTRUCTION. Not later than six months after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report containing the following: (1) An assessment, current as of the date of such report, of the threat posed to the United States and its allies by the use of a weapon of mass destruction by both foreign states and transnational groups, including-- (A) an assessment of the scope and nature of the threat of delivery of such a weapon of mass destruction by a variety of means of delivery; and (B) a comparison of the threat posed by delivery of such a weapon of mass destruction by ballistic missile with the threat posed by delivery of such a weapon of mass destruction by another delivery system, whether conventional or unconventional, including by cruise missile, truck, suitcase, boat, or airplane. (2) The total estimated cost, current as of the fiscal year ending in the year preceding the year in which such report is submitted, of all research, development, test, and evaluation, deployment, and operation and maintenance activities with respect to the national missile defense system during the period beginning on January 1, 2002, and ending on December 31, 2020. (3) A determination whether or not, during the fiscal year in which such report is submitted, the allocation of funds for the national missile defense system will impair the allocation of funds for priority programs of the Department of Defense (as determined by the Secretary of Defense), including programs relating to force structure, force readiness, force training, force modernization, homeland defense, and research, development, test, and evaluation. SEC. 6. ABM TREATY DEFINED. In this Act, the term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972, and includes the Protocol to that treaty, signed at Moscow on July 3, 1974.

Expresses the sense of the Senate that: (1) the missile defense programs and activities of the United States should remain consistent with its obligations under the ABM Treaty; (2) the U.S. should consult with Russia and pursue modest modifications to address security considerations in, but not unilaterally abrogate or withdraw from, the Treaty; and (3) a national missile defense system should not be deployed until it is has been tested using realistic parameters and is operationally effective and suitable for use in combat. Limits the obligation or expenditure of funds accordingly.Requires that the Secretary of Defense certify that such a system is operationally effective before the President decides to deploy a missile defense system or to notify Russia of the U.S. intention to withdraw from the ABM treaty.Directs the President to submit annual reports to Congress on: (1) the threat posed to the United States and its allies by the use of a weapon of mass destruction by a foreign state or transnational group; (2) the cost of the national missile defense system; and (3) whether the allocation of funds for such system will impair priority defense programs.

A bill relating to United States adherence to the ABM Treaty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating the Pakistani Taliban Act of 2010''. SEC. 2. DESIGNATION OF PAKISTANI TALIBAN AS FOREIGN TERRORIST ORGANIZATION. (a) Findings.--Congress makes the following findings: (1) The Pakistani Taliban is a murderous organization that has taken credit for terrorist acts committed on United States soil. Since 2001, the Pakistani Taliban has committed atrocities aimed at nongovernmental organization workers, government officials, law enforcement officials, and other innocent civilians. (2) The Government of Pakistan implicated the Pakistani Taliban network in the December 2007 assassination of Benazir Bhutto, and, in January 2008, the Central Intelligence Agency also confirmed its belief in the involvement of the Pakistani Taliban in the assassination. (3) In a video recorded in April 2010, a representative of the Pakistani Taliban indicated that the organization would make cities in the United States a ``main target''. (4) The Pakistani Taliban has made efforts to combine forces with al Qaeda and other terrorist groups, threatening to extend their reach and murderous acts. Despite unified efforts to degrade their capabilities, the Pakistani Taliban have managed to expand their deadly influence through alliances with a number of other militant groups, terrorist organizations, and independent terrorist cells under their control. (5) On May 4, 2010, Faisal Shahzad was charged in the failed Times Square bombing on May 1, 2010, and was indicted on 10 terrorism and weapons charges including attempted use of a weapon of mass destruction. According to the indictment, the Pakistani Taliban provided Shahzad with training and money for his planned attack. (6) The Pakistani Taliban is eligible for designation as a foreign terrorist organization pursuant to section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) given its engagement in terrorist activities and the threat it poses to the national security of the United States. (7) Designation of the Pakistani Taliban as a foreign terrorist organization would have several consequences, which would be in the national security interest of the United States. The consequences are as follows: (A) It would be unlawful for a person in the United States or subject to the jurisdiction of the United States to knowingly provide material support or resources to the Pakistani Taliban, including any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, or personnel. (B) Representatives and members of the Pakistani Taliban who are aliens would be inadmissible to and, in certain circumstances, removable from the United States. (C) Any United States financial institution that becomes aware that it has possession of or control over funds in which the Pakistani Taliban or its agent has an interest would be required to retain possession of or control over the funds and report the funds to the Office of Foreign Assets Control of the Department of the Treasury. (8) Designation of the Pakistani Taliban as a foreign terrorist organization would-- (A) support efforts of the United States Government to curb terrorism financing and encourage other nations to do the same; (B) stigmatize and isolate the Pakistani Taliban internationally; (C) deter donations or contributions to and economic transactions with the Pakistani Taliban; and (D) heighten public awareness and knowledge of the Pakistani Taliban. (b) Designation.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate the Pakistani Taliban as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (2) Administrative record not required.--The requirements of paragraph (3) of section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(3)) shall not apply to the designation under this subsection.

Combating the Pakistani Taliban Act of 2010 - Directs the Secretary of State to designate the Pakistani Taliban as a foreign terrorist organization under the Immigration and Nationality Act.

A bill to instruct the Secretary of State to designate the Pakistani Taliban as a foreign terrorist organization.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Higher Education and Learning Promotion Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EDUCATION INVESTMENT ACCOUNTS. (a) In General.--Part VIII of subchapter F of chapter 1 (relating to qualified State tuition programs) is amended by adding at the end the following new section: ``SEC. 530. EDUCATION INVESTMENT ACCOUNTS. ``(a) General Rule.--An education investment account (hereafter in this section referred to as an `education investment account') shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the education investment account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Limitations on Accounts.-- ``(1) Account may not be established for benefit of more than 1 individual.--An education investment account may not be established for the benefit of more than 1 individual. ``(2) Special rule where more than 1 account.--If, at any time during a calendar year, 2 or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as an education investment account for purposes of this section. This paragraph shall not apply to the extent more than 1 account exists solely by reason of a rollover contribution. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Education investment account.--The term `education investment account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified higher education expenses of the account holder, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted-- ``(i) unless it is in cash or in securities for which (as of the date of the contribution) market quotations are readily available on an established securities market, ``(ii) except in the case of rollover contributions from another education investment account, in excess of $1,500 for any calendar year, and ``(iii) after the date on which the account holder attains age 18. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts (other than contracts the beneficiary of which is the trust and the face amount of which does not exceed the amount by which the maximum amount which can be contributed to the education investment account exceeds the sum of the amounts contributed to the account for all taxable years). ``(D) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(E) Any balance in the education investment account on the day after the date on which the individual for whose benefit the trust is established attains age 30 (or, if earlier, the date on which such individual dies) shall be distributed within 30 days of such date to the account holder (or in the case of death, the beneficiary). ``(2) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). ``(3) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' has the same meaning given such term by section 529(e)(3), except that such expenses shall be reduced by any amount described in section 135(d)(1) (relating to certain scholarships and veterans benefits). ``(B) State tuition plans.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program (as defined in section 529(b)). ``(4) Eligible educational institution.--The term `eligible educational institution' has the meaning given such term by section 135(c)(3). ``(5) Account holder.--The term `account holder' means the individual for whose benefit the education investment account is established. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of an education investment account shall be included in gross income of the payee or distributee for the taxable year in the manner prescribed by section 72. For purposes of the preceding sentence, rules similar to the rules of section 408(d)(2) shall apply. ``(2) Distribution used to pay educational expenses.-- Paragraph (1) shall not apply to any payment or distribution out of an education investment account to the extent such payment or distribution is used exclusively to pay the qualified higher education expenses of the account holder. ``(3) Special rule for applying section 2503.--If any payment or distribution from an education investment account is used exclusively for the payment to an eligible educational institution of the qualified higher education expenses of the account holder, such payment shall be treated as a qualified transfer for purposes of section 2503(e). ``(4) Additional tax for distributions not used for educational expenses.-- ``(A) In general.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from an education investment account which is includible in gross income under paragraph (1) shall be increased by 10 percent of the amount which is so includible. ``(B) Exception for disability, death, or scholarship.--Subparagraph (A) shall not apply if the payment or distribution is-- ``(i) made on account of the death or disability of the account holder, or ``(ii) made on account of a scholarship (or allowance or payment described in section 135(d)(1) (B) or (C)) received by the account holder to the extent the amount of the payment or distribution does exceed the amount of the scholarship, allowance, or payment. ``(C) Excess contributions returned before due date of return.--Subparagraph (A) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to an education investment account to the extent that such contribution, when added to previous contributions to the account during the taxable year, exceeds $1,000 if-- ``(i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such contributor's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the contributor for the taxable year in which such excess contribution was made. ``(5) Rollover contributions.--Paragraph (1) shall not apply to any amount paid or distributed from an education investment account to the extent that the amount received is paid into another education investment account for the benefit of the account holder not later than the 60th day after the day on which the holder receives the payment or distribution. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(6) Special rules for death and divorce.--Rules similar to the rules of section 220(f) (7) and (8) shall apply. ``(e) Tax Treatment of Accounts.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any education investment account, and any amount treated as distributed under such rules shall be treated as not used to pay qualified higher education expenses. ``(f) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(g) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an account described in subsection (b)(1). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(h) Reports.--The trustee of an education investment account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Tax on Prohibited Transactions.--Section 4975 (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(5) Special rule for education investment accounts.--An individual for whose benefit an education investment account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an education investment account by reason of the application of section 530 to such account.''; and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) a education investment account described in section 530, or''. (c) Failure To Provide Reports on Education Investment Accounts.-- Section 6693 (relating to failure to provide reports on individual retirement accounts or annuities) is amended-- (1) by inserting ``or on education investment accounts'' after ``annuities'' in the heading of such section, and (2) in subsection (a)(2), by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) section 530(h) (relating to education investment accounts).'' (d) Coordination With Savings Bond Exclusion.--Section 135(d)(1) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting at the end the following new subparagraph: ``(E) a payment or distribution from an education investment account (as defined in section 530).'' (e) Clerical Amendments.-- (1) The table of sections for part VIII of subchapter F of chapter 1 is amended by adding at the end the following new item: ``Sec. 530. Education investment accounts.'' (2)(A) The heading for part VIII of subchapter F of chapter 1 is amended to read as follows: ``PART VIII--HIGHER EDUCATION SAVINGS ENTITIES''. (B) The table of parts for subchapter F of chapter 1 is amended by striking the item relating to part VIII and inserting: ``Part VIII. Higher education savings entities.'' (3) The table of sections for subchapter B of chapter 68 is amended by striking the item relating to section 6693 and inserting the following new item: ``Sec. 6693. Failure to provide reports on individual retirement accounts or annuities or on education investment accounts.'' (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE PROGRAMS. (a) Permanent Extension.--Section 127 of the Internal Revenue Code of 1986 (relating to exclusion for educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Effective Dates.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. SEC. 4. MODIFICATIONS OF TAX TREATMENT OF QUALIFIED STATE TUITION PROGRAMS. (a) Exclusion of Distributions Used for Educational Purposes.-- Subparagraph (B) of section 529(c)(3) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--Subparagraph (A) shall not apply to any distribution to the extent-- ``(i) the distribution is used exclusively to pay qualified higher education expenses of the distributee, or ``(ii) the distribution consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense.'' (b) Qualified Higher Education Expenses To Include Room and Board.--Section 529(e)(3) is amended to read as follows: ``(3) Qualified higher education expenses.--The term `qualified higher education expenses' means the cost of attendance (within the meaning of section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Higher Education Learning and Promotion Act) of a designated beneficiary at an eligible educational institution (as defined in section 135(c)(3)).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996.

Higher Education and Learning Promotion Act - Amends the Internal Revenue Code to establish nontaxable education investment accounts which shall permit annual contributions of not more than $1,500 for the account holder's qualified higher education costs. Subjects account distributions used for nonqualifying purposes to taxation, including an additional ten percent tax. Sets forth related reporting requirements. Makes the employer-provided educational assistance program exclusion permanent. Excludes from gross income distributions from a qualified state tuition program used for qualified higher education expenses (including room and board).

Higher Education and Learning Promotion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Reauthorization Act of 2000''. SEC. 2. REAUTHORIZATION OF SMALL BUSINESS PROGRAMS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by adding at the end the following: ``(g) Fiscal Year 2001.-- ``(1) Program levels.--The following program levels are authorized for fiscal year 2001: ``(A) For the programs authorized by this Act, the Administration is authorized to make-- ``(i) $50,000,000 in technical assistance grants as provided in section 7(m); and ``(ii) $60,000,000 in direct loans, as provided in 7(m). ``(B) For the programs authorized by this Act, the Administration is authorized to make $19,200,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- ``(i) $14,500,000,000 in general business loans as provided in section 7(a); ``(ii) $4,000,000,000 in financings as provided in section 7(a)(13) of this Act and section 504 of the Small Business Investment Act of 1958; ``(iii) $500,000,000 in loans as provided in section 7(a)(21); and ``(iv) $200,000,000 in loans as provided in section 7(m). ``(C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make-- ``(i) $2,500,000,000 in purchases of participating securities; and ``(ii) $1,500,000,000 in guarantees of debentures. ``(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $4,000,000,000 of which not more than $650,000,000 may be in bonds approved pursuant to section 411(a)(3) of that Act. ``(E) The Administration is authorized to make grants or enter cooperative agreements for a total amount of $5,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). ``(2) Additional authorizations.-- ``(A) There are authorized to be appropriated to the Administration for fiscal year 2001-- ``(i) $14,000,000 for the direct administration of the loan programs established under sections 7(a) and 7(m) of this Act and under title V of the Small Business Investment Act of 1958; and ``(ii) $10,000,000 for the salaries and expenses of the Investment Division established in title II of the Small Business Investment Act of 1958. ``(B) There are authorized to be appropriated to the Administration for fiscal year 2001 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out title IV of the Small Business Investment Act of 1958, including salaries and expenses of the Administration. ``(C) Notwithstanding any other provision of this paragraph, for fiscal year 2001-- ``(i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and ``(ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $1,250,000. ``(h) Fiscal Year 2002.-- ``(1) Program levels.--The following program levels are authorized for fiscal year 2002: ``(A) For the programs authorized by this Act, the Administration is authorized to make-- ``(i) $70,000,000 in technical assistance grants as provided in section 7(m); and ``(ii) $80,000,000 in direct loans, as provided in 7(m). ``(B) For the programs authorized by this Act, the Administration is authorized to make $20,250,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- ``(i) $15,000,000,000 in general business loans as provided in section 7(a); ``(ii) $4,500,000,000 in financings as provided in section 7(a)(13) of this Act and section 504 of the Small Business Investment Act of 1958; ``(iii) $500,000,000 in loans as provided in section 7(a)(21); and ``(iv) $250,000,000 in loans as provided in section 7(m). ``(C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make-- ``(i) $3,500,000,000 in purchases of participating securities; and ``(ii) $2,500,000,000 in guarantees of debentures. ``(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $5,000,000,000 of which not more than $650,000,000 may be in bonds approved pursuant to section 411(a)(3) of that Act. ``(E) The Administration is authorized to make grants or enter cooperative agreements for a total amount of $6,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). ``(2) Additional authorizations.-- ``(A) There are authorized to be appropriated to the Administration for fiscal year 2002-- ``(i) $16,000,000 for the direct administration of the loan programs established under sections 7(a) and 7(m) of this Act and under title V of the Small Business Investment Act of 1958; and ``(ii) $11,000,000 for the salaries and expenses of the Investment Division established in title II of the Small Business Investment Act of 1958. ``(B) There are authorized to be appropriated to the Administration for fiscal year 2002 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out title IV of the Small Business Investment Act of 1958, including salaries and expenses of the Administration. ``(C) Notwithstanding any other provision of this paragraph, for fiscal year 2002-- ``(i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and ``(ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $1,250,000. ``(i) Fiscal Year 2003.-- ``(1) Program levels.--The following program levels are authorized for fiscal year 2003: ``(A) For the programs authorized by this Act, the Administration is authorized to make-- ``(i) $90,000,000 in technical assistance grants as provided in section 7(m); and ``(ii) $100,000,000 in direct loans, as provided in 7(m). ``(B) For the programs authorized by this Act, the Administration is authorized to make $21,800,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- ``(i) $16,000,000,000 in general business loans as provided in section 7(a); ``(ii) $5,000,000,000 in financings as provided in section 7(a)(13) of this Act and section 504 of the Small Business Investment Act of 1958; ``(iii) $500,000,000 in loans as provided in section 7(a)(21); and ``(iv) $300,000,000 in loans as provided in section 7(m). ``(C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make-- ``(i) $4,000,000,000 in purchases of participating securities; and ``(ii) $3,000,000,000 in guarantees of debentures. ``(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $6,000,000,000 of which not more than $650,000,000 may be in bonds approved pursuant to section 411(a)(3) of that Act. ``(E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). ``(2) Additional authorizations.-- ``(A) There are authorized to be appropriated to the Administration for fiscal year 2003-- ``(i) $17,000,000 for the direct administration of the loan programs established under sections 7(a) and 7(m) of this Act and under title V of the Small Business Investment Act of 1958; and ``(ii) $12,000,000 for the salaries and expenses of the Investment Division established in title II of the Small Business Investment Act of 1958. ``(B) There are authorized to be appropriated to the Administration for fiscal year 2003 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out title IV of the Small Business Investment Act of 1958, including salaries and expenses of the Administration. ``(C) Notwithstanding any other provision of this paragraph, for fiscal year 2003-- ``(i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and ``(ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $1,250,000.''. SEC. 3. ADDITIONAL REAUTHORIZATIONS. (a) Small Business Development Centers Program.--Section 21(a)(4)(C)(iii)(III) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(iii)(III)) is amended by striking ``$95,000,000'' and inserting ``$125,000,000''. (b) Drug-Free Workplace Program.--Section 27(g)(1) of the Small Business Act (15 U.S.C. 654(g)(1)) is amended by striking ``$10,000,000 for fiscal years 1999 and 2000'' and inserting ``$5,000,000 for each of fiscal years 2001 through 2003''. (c) HUBZone Program.--Section 31 of the Small Business Act (15 U.S.C. 657a) is amended by adding at the end the following new subsection: ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out the program established by this section $10,000,000 for each of fiscal years 2001 through 2003.''. (d) Women's Business Enterprise Development Programs.--Section 411 of the Women's Business Ownership Act (Public Law 105-135; 15 U.S.C. 631 note) is amended by striking ``$600,000, for each of fiscal years 1998 through 2000,'' and inserting ``$1,000,000 for each of fiscal years 2001 through 2003,''. (e) Very Small Business Concerns Program.--Section 304(i) of the Small Business Administration Reauthorization and Amendments Act of 1994 (Public Law 103-403; 15 U.S.C. 644 note) is amended by striking ``September 30, 2000'' and inserting ``September 30, 2003''. (f) Socially and Economically Disadvantaged Businesses Program.-- Section 7102(c) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355; 15 U.S.C. 644 note) is amended by striking ``September 30, 2000'' and inserting ``September 30, 2003''. SEC. 4. LOAN APPLICATION PROCESSING. (a) Study.--The Administrator of the Small Business Administration shall conduct a study to determine the average time that the Administration requires to process an application for each type of loan or loan guarantee made under the Small Business Act (15 U.S.C. 631 et seq.). (b) Transmittal.--Not later than 1 year after the date of the enactment of this section, the Administrator shall transmit to Congress the results of the study conducted under paragraph (1). Passed the House of Representatives March 15, 2000. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morris, Deputy Clerk.

Amends the Act to: (1) increase the authorized annual amount for the small business development centers program; (2) adjust and extend through FY 2003 the authorization of appropriations for the drug-free workplace program; and (3) authorize appropriations for FY 2001 through 2003 for the HUBZone program.Amends the: (1) Women's Business Ownership Act to extend and increase the annual authorization of appropriations for women's business enterprise development programs; (2) Small Business Administration Reauthorization and Amendments Act of 1994 to extend through FY 2003 a pilot program to provide Federal contracting opportunities for very small businesses; and (3) Federal Acquisition Streamlining Act of 1994 to extend through FY 2003 a program for the participation of socially and economically disadvantaged businesses in certain Federal procurement contracting goals.Directs the Administrator of the Small Business Administration (SBA) to conduct and report to Congress on a study to determine the average time taken by the SBA to process an application for each type of loan guarantee made under the Small Business Act.

Small Business Reauthorization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contra Costa Canal Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Acquired land.--The term ``acquired land'' means land in Federal ownership and land over which the Federal Government holds an interest for the purpose of the construction and operation of the Contra Costa Canal, including land under the jurisdiction of-- (A) the Bureau of Reclamation; (B) the Western Area Power Administration; and (C) the Department of Defense in the case of the Clayton Canal diversion traversing the Concord Naval Weapons Station. (2) Contra costa canal agreement.--The term ``Contra Costa Canal Agreement'' means an agreement between the District and the Bureau of Reclamation to determine the legal, institutional, and financial terms surrounding the transfer of the Contra Costa Canal, including but not limited to compensation to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), equal to the net present value of miscellaneous revenues that the United States would otherwise derive over the 10 years following enactment of this Act from the eligible lands and facilities to be transferred, as governed by reclamation law and policy and the contracts. (3) Contra costa canal.-- (A) In general.--The term ``Contra Costa Canal'' means the Contra Costa Canal Unit of the Central Valley Project, which exclusively serves the Contra Costa Water District in an urban area of Contra Costa County, California. (B) Inclusions.--The term ``Contra Costa Canal'' includes pipelines, conduits, pumping plants, aqueducts, laterals, water storage and regulatory facilities, electric substations, related works and improvements, and all interests in land associated with the Contra Costa Canal Unit of the Central Valley Project in existence on the date of enactment of this Act. (C) Exclusion.--The term ``Contra Costa Canal'' does not include the Rock Slough fish screen facility. (4) Contracts.--The term ``contracts'' means the existing water service contract between the District and the United States, Contract No. 175r-3401A-LTR1 (2005), Contract No. 14- 06-200-6072A (1972, as amended), and any other contract or land permit involving the United States, the District, and Contra Costa Canal. (5) District.--The term ``District'' means the Contra Costa Water District, a political subdivision of the State of California. (6) Rock slough fish screen facility.-- (A) In general.--The term ``Rock Slough fish screen facility'' means the fish screen facility at the Rock Slough intake to the Contra Costa Canal. (B) Inclusions.--The term ``Rock Slough fish screen facility'' includes the screen structure, rake cleaning system, and accessory structures integral to the screen function of the Rock Slough fish screen facility, as required under the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706). (7) Rock slough fish screen facility title transfer agreement.--The term ``Rock Slough fish screen facility title transfer agreement'' means an agreement between the District and the Bureau of Reclamation to-- (A) determine the legal, institutional, and financial terms surrounding the transfer of the Rock Slough fish screen facility; and (B) ensure the continued safe and reliable operations of the Rock Slough fish screen facility. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF LAND AND FACILITIES. (a) In General.--Not later than 180 days after the date of enactment of this Act, in consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Contra Costa Canal, consistent with the terms and conditions set forth in the Contra Costa Canal Agreement and subject to valid existing rights and existing recreation agreements between the Bureau of Reclamation and the East Bay Regional Park District for Contra Loma Regional Park and other local agencies within the Contra Costa Canal, the Secretary shall offer to convey and assign to the District-- (1) all right, title, and interest of the United States in and to-- (A) the Contra Costa Canal; and (B) the acquired land; and (2) all interests reserved and developed as of the date of enactment of this Act for the Contra Costa Canal in the acquired land, including existing recreation agreements between the Bureau of Reclamation and the East Bay Regional Park District for Contra Loma Regional Park and other local agencies within the Contra Costa Canal. (b) Rock Slough Fish Screen Facility.-- (1) In general.--The Secretary shall convey and assign to the District all right, title, and interest of the United States in and to the Rock Slough fish screen facility pursuant to the Rock Slough fish screen facility title transfer agreement. (2) Cooperation.--No later than 180 days after the conveyance of the Contra Costa Canal, the Secretary and the District shall enter into good faith negotiations to accomplish the conveyance and assignment under paragraph (1). (c) Payment of Costs.--The District shall pay to the Secretary any administrative and real estate transfer costs incurred by the Secretary in carrying out the conveyances and assignments under subsections (a) and (b), including the cost of any boundary survey, title search, cadastral survey, appraisal, and other real estate transaction required for the conveyances and assignments. (d) Compliance With Environmental Laws.-- (1) In general.--Before carrying out the conveyances and assignments under subsections (a) and (b), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the Contra Costa Canal or the acquired land. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY PROJECT CONTRACTS. (a) In General.--Nothing in this Act affects-- (1) the application of the reclamation laws to water delivered to the District pursuant to any contract with the Secretary; or (2) subject to subsection (b), the contracts. (b) Amendments to Contracts.--The Secretary and the District may modify the contracts as necessary to comply with this Act. (c) Liability.-- (1) In general.--Except as provided in paragraph (2), the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the Contra Costa Canal or the acquired land. (2) Exception.--The United States shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of the conveyance and assignment under section 3(a), consistent with chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). (3) Limitation.--Nothing in this Act increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code. SEC. 5. REPORT. If the conveyance and assignment authorized by section 3(a) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance and assignment; (2) describes any obstacles to completing the conveyance and assignment; and (3) specifies an anticipated date for completion of the conveyance and assignment.

Contra Costa Canal Transfer Act (Sec. 3) This bill directs the Department of the Interior, in consideration for the Contra Costa Water District, California, assuming all liability for the Contra Costa Canal, to offer to convey to the district all U.S. interest in the canal and associated land. Interior shall convey to the district all U.S. interest in the Rock Slough fish screen facility pursuant to an agreement that ensures the continued safe and reliable operations of the facility. (Sec. 4) The United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the canal or the acquired land, with an exception for acts of negligence. (Sec. 5) Interior shall report to Congress on the status of, any obstacles to completing, and an anticipated date of completion of, the conveyance and assignment.

Contra Costa Canal Transfer Act

SECTION l. SHORT TITLE. This Act may be cited as the ``Freedom of Access to Clinic Entrances Act of 1993''. SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES. Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 248. Blocking access to reproductive health services ``(a) Prohibited Activities.--Whoever-- ``(1) by force, threat of force, or physical obstruction, intentionally injures, intimidates, or interferes with any person, or attempts to do so, because that person or any other person or class of persons is obtaining or providing reproductive health services; or ``(2) intentionally damages or destroys the property of a facility, or attempts to do so, because that facility provides reproductive health services; shall be punished as provided in subsection (b) of this section and also be subject to the civil remedy provided in subsection (c) of this section, except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor. ``(b) Penalties.--Whoever violates subsection (a) of this section shall-- ``(1) in the case of a first offense, be fined under this title or imprisoned not more than 1 year, or both; and ``(2) in the case of a second or subsequent offense after a prior conviction under this section, be fined under this title or imprisoned not more than 3 years, or both; except that, if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life. ``(c) Civil Actions.-- ``(1) Right of action generally.--Any person who is aggrieved by a violation of subsection (a) of this section may in a civil action obtain relief under this subsection. ``(2) Action by attorney general.--If the Attorney General has reasonable cause to believe that any person, or group of persons, is aggrieved by a violation of subsection (a) of this section, the Attorney General may in a civil action obtain relief under this subsection. ``(3) Actions by state attorneys general.--If an attorney general of a State has reasonable cause to believe that any person or group of persons is aggrieved by a violation of subsection (a) of this section, that attorney general may in a civil action obtain relief under this subsection. ``(4) Relief.--In any action under this subsection, the court may award any appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory and punitive damages for each person aggrieved by the violation. With respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. The court may award to the prevailing party, other than the United States, reasonable fees for attorneys and expert witnesses. ``(d) Rules of Construction.--(1) Nothing in this section shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first article of amendment to the Constitution. ``(2) Nothing in this section shall be construed to interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services. ``(e) Non-Preemption.--Congress does not intend this section to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt the legislation of the States that may provide such remedies. ``(f) Definitions.--As used in this section, the following definitions apply: ``(1) Reproductive health services.--The term `reproductive health services' means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system. ``(2) Facility.--The term `facility' includes the building or structure in which the facility is located. ``(3) Physical obstruction.--The term `physical obstruction' means rendering impassable ingress to or egress from a facility that provides reproductive health services, or rendering passage to or from such facility unreasonably difficult. ``(4) State.--The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(5) Intimidate.--The term `intimidate' means to place a person in reasonable apprehension of bodily harm to himself or herself or to another.''. SEC. 3. EFFECTIVE DATE. This Act takes effect on the date of the enactment of this Act, and shall apply only with respect to conduct occurring on or after such date. SEC. 4. CLERICAL AMENDMENT. The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: ``248. Blocking access to reproductive health services.''. Passed the House of Representatives November 18, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies.

Freedom of Access to Clinic Entrances Act of 1993

SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS COUNTY, NORTH DAKOTA. (a) Purpose.--The purpose of this section is to consolidate certain mineral interests in the Little Missouri National Grasslands in Billings County, North Dakota, through the exchange of Federal and private mineral interests in order to enhance land management capability and environmental and wildlife protection. (b) Exchange.--Notwithstanding any other provision of law-- (1) if, not later than 45 days after the date of enactment of this Act, Burlington Resources Oil & Gas Company (referred to in this section as ``Burlington'' and formerly known as Meridian Oil Inc.), conveys title acceptable to the Secretary of Agriculture (referred to in this section as the ``Secretary'') to rights and interests identified on the map entitled ``Billings County, North Dakota, Consolidated Mineral Exchange--November 1995'', by quitclaim deed acceptable to the Secretary, the Secretary shall convey to Burlington, subject to valid existing rights, by quit-claim deed, all Federal rights and interests identified on that map; and (2) if Burlington makes the conveyance under paragraph (1) and, not later than 180 days after the date of enactment of this Act, the owners of the remaining non-oil gas mineral interests identified on that map convey title acceptable to the Secretary to all rights, title, and interests in the interests held by them, by quitclaim deed acceptable to the Secretary, the Secretary shall convey to those owners, subject to valid existing rights, by exchange deed, all Federal rights, title, and interests in National Forest System lands and National Grasslands in the State of North Dakota as are agreed to by the Secretary and the owners of those interests. (c) Leasehold Interests.--As a condition precedent to the conveyance of interests by the Secretary to Burlington under this section, all leasehold and contractual interests in the oil and gas interests to be conveyed by Burlington to the United States under this section shall be released, to the satisfaction of the Secretary. (d) Approximate Equal Value of Exchanges With Other Interest Owners.--The values of the interests to be exchanged under subsection (b)(2) shall be approximately equal, as determined by the Secretary. (e) Land Use.-- (1) Exploration and development.--The Secretary shall grant to Burlington, and its successors and assigns, the use of Federally-owned surface lands to explore for and develop interests conveyed to Burlington under this Act, subject to applicable Federal and State laws. (2) Surface occupancy and use.--Rights to surface occupancy and use that Burlington would have absent the exchange under this Act on its interests conveyed under this Act shall apply to the same extent on the federally owned surface estate overlying oil and gas rights conveyed to Burlington under this Act. (f) Environmental Protection for Environmentally Sensitive Lands.-- All activities of Burlington, and its successors and assigns, relating to exploration and development on environmentally sensitive National Forest System lands, as described in the ``Memorandum of Understanding Concerning Certain Severed Mineral Estates, Billings County, North Dakota'', executed by the Forest Service and Burlington and dated November 2, 1995, shall be subject to the terms of the memorandum. (g) Map.--The map referred to in subsection (b) shall be provided to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, kept on file in the office of the Chief of the Forest Service, and made available for public inspection in the office of the Forest Supervisor of the Custer National Forest within 45 days after the date of enactment of this Act. (h) Other Laws.--The exchange under subsection (b)(1) shall be deemed to meet the requirements of all other Federal laws, including all land exchange laws, environmental laws, and cultural laws (such as the National Historic Preservation Act (16 U.S.C. 470 et seq.)), and no further compliance with any other law shall be required in order to implement the exchanges. (i) Continuation of Multiple Use.--Nothing in this Act, shall limit, restrict, or otherwise affect the application of the principle of multiple use (including outdoor recreation, range, timber, watershed, and fish and wildlife purposes) in any area of the Little Missouri National Grasslands. Federal grazing permits or privileges in areas designated on the map entitled ``Billings County, North Dakota, Consolidated Mineral Exchange--November 1995'' or those lands described in the Memorandum of Understanding Concerning Certain Severed Mineral Estates, Billings County, North Dakota'', shall not be curtailed or otherwise limited as a result of the exchange authorized by this Act.

Directs the Secretary of Agriculture to convey to the Burlington Resources Oil and Gas Company (formerly known as Meridian Oil Inc.) all Federal rights and interests identified on a map entitled the "Billings County, North Dakota, Consolidated Mineral Exchange--November 1995," contingent on Burlington's conveyance to the Secretary of title to its own rights and interests identified on the same map. Directs the Secretary to convey to owners of the remaining non-oil gas mineral interests identified on the map all Federal rights, title, and interests in the National Forest System lands and National Grasslands in the State of North Dakota, contingent on the owners' conveyance to the Secretary, after Burlington's conveyance, of all their rights, title, and interests. Directs the Secretary to grant to Burlington the use of federally-owned surface lands to explore for and develop interests conveyed to Burlington under this Act.

A bill to consolidate certain mineral interests in the National Grasslands in Billings County, North Dakota, through the exchange of Federal and private mineral interests to enhance land management capabilities and environmental and wildlife protection, and for other purposes.

SECTION 1. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 198. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. ``(a) Treatment As Expenses.-- ``(1) In general.--At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer during the taxable year in connection with a trade or business shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. ``(2) Limitation.--The amount treated under paragraph (1) as an expense with respect to any qualified contaminated site shall not exceed $500,000 for all taxable years. ``(3) Controlled groups.--Rules similar to the rules of paragraphs (6), (7), and (8) of section 179(d) shall apply for purposes of this subsection. ``(b) 60-Month Amortization of Remaining Environmental Remediation Expenditures.-- ``(1) In general.--At the election of the taxpayer, qualified environmental remediation expenditures-- ``(A) which are paid or incurred by the taxpayer in connection with his trade or business, and ``(B) which are not treated as expenses under subsection (a), may be treated as deferred expenses. ``(2) Amortization of deferred expenses.--In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer pays or incurs such expenditures). Such deferred expenses shall be treated as expenditures which are properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). ``(c) Certain Persons Not Eligible.--A taxpayer shall not be eligible for the treatment under this section with respect to any qualified contaminated site if-- ``(1) at any time on or before the date of the enactment of this section such taxpayer was the owner or operator of any business on such site, ``(2) at any time before, on, or after such date of enactment such taxpayer-- ``(A) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(B) had accepted any hazardous materials for transport to such site, or ``(3) the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). ``(d) Qualified Environmental Remediation Expenditures.--For purposes of this section, the term `qualified environmental remediation expenditure' means any amount (otherwise chargeable to capital account) which is paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer. ``(e) Other Definitions.--For purposes of this section-- ``(1) Qualified contaminated site.-- ``(A) In general.--For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: ``(i) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(ii) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(iii) Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. ``(B) Appropriate agency.--For purposes of subparagraph (A), the appropriate agency is-- ``(i) the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or ``(ii) if the agency described in clause (i) designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. ``(2) Hazardous, toxic, or dangerous substance.--Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(3) Environmental remediation.--The term `environmental remediation' means-- ``(A) removal or remediation activity, including soil and ground water remediation, ``(B) restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(C) health assessments or health effects studies, ``(D) environmental investigations, ``(E) remediation of off-site contamination caused by activity on the site, and ``(F) any other costs reasonably required by reason of the environmental conditions of the site, including demolition of existing contaminated structures, site security, and permit fees necessary for remediation. ``(4) Related person.--Persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(f) Land and Other Property.--This section shall not apply to any expenditure for-- ``(1) the acquisition or improvement of land, or ``(2) the acquisition or improvement of property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); except that, for purposes of this section, allowances under section 167, and allowances under section 611, shall be treated as expenditures.'' (b) Conforming Amendments.-- (1) Paragraph (14) of section 1016(a) of such Code is amended by inserting ``, or under section 198(b) (relating to qualified environmental remediation expenditures),'' after ``expenditures)''. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking ``or 193'' and inserting ``193, or 198''. (3) Subparagraph (C) of section 1245(a)(3) of such Code is amended by striking ``or 194'' and inserting ``194, or 198''. (4) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 198. Expensing and rapid amortization for certain environmental remediation expenditures.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit the expensing (of up to $500,000) and amortization (of the remaining amount over a 60-month period) of qualified environmental remediation expenses.

To amend the Internal Revenue Code of 1986 to allow expensing and rapid amortization of certain environmental remediation expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reservists Debt Relief Act of 2008''. SEC. 2. AMENDMENTS. Section 707(b)(2)(D) of title 11, United States Code, is amended-- (1) in clauses (i) and (ii)-- (A) by indenting the left margin of such clauses 2 ems to the right, and (B) by redesignating such clauses as subclauses (I) and (II), respectively, (2) by striking ``if the debtor is a disabled veteran'' and inserting the following: ``if-- ``(i) the debtor is a disabled veteran'', (3) by striking the period at the end and inserting ``; or'', and (4) by adding at the end the following: ``(ii) while-- ``(I) the debtor is-- ``(aa) on, and during the 540-day period beginning immediately after the debtor is released from, a period of active duty (as defined in section 101(d)(1) of title 10) of not less than 90 days; or ``(bb) performing, and during the 540-day period beginning immediately after the debtor is no longer performing, a homeland defense activity (as defined in section 901(1) of title 32) performed for a period of not less than 90 days; and ``(II) if after September 11, 2001, the debtor while a member of a reserve component of the Armed Forces or a member of the National Guard, was called to such active duty or performed such homeland defense activity.''. SEC. 3. GAO STUDY. (a) Comptroller General Study.--Not later than 2 years after the effective date of this Act, the Comptroller General shall complete and transmit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a study of the use and the effects of the provisions of law amended (and as amended) by this Act. Such study shall address, at a minimum-- (1) whether and to what degree members of reserve components of the Armed Forces and members of the National Guard avail themselves of the benefits of such provisions, (2) whether and to what degree such members are debtors in cases under title 11 of the United States Code that are substantially related to service that qualifies such members for the benefits of such provisions, (3) whether and to what degree such members are debtors in cases under such title that are materially related to such service, and (4) the effects that the use by such members of section 707(b)(2)(D) of such title, as amended by this Act, has on the bankruptcy system, creditors, and the debt-incurrence practices of such members. (b) Factors.--For purposes of subsection (a)-- (1) a case shall be considered to be substantially related to the service of a member of a reserve component of the Armed Forces or a member of the National Guard that qualifies such member for the benefits of the provisions of law amended (and as amended) by this Act if more than 33 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such service, (2) a case shall be considered to be materially related to the service of a member of a reserve component of the Armed Forces or a member of the National Guard that qualifies such member for the benefits of such provisions if more than 10 percent of the aggregate amount of the debts in such case is incurred as a direct or indirect result of such service, and (3) the term ``effects'' means-- (A) with respect to the bankruptcy system and creditors-- (i) the number of cases under title 11 of the United States Code in which members of reserve components of the Armed Forces and members of the National Guard avail themselves of the benefits of such provisions, (ii) the aggregate amount of debt in such cases, (iii) the aggregate amount of debt of such members discharged in cases under chapter 7 of such title, (iv) the aggregate amount of debt of such members in cases under chapter 7 of such title as of the time such cases are converted to cases under chapter 13 of such title, (v) the amount of resources expended by the bankruptcy courts and by the bankruptcy trustees, stated separately, in cases under title 11 of the United States Code in which such members avail themselves of the benefits of such provisions, and (vi) whether and to what extent there is any indicia of abuse or potential abuse of such provisions, and (B) with respect to debt-incurrence practices-- (i) any increase in the average levels of debt incurred by such members before, during, or after such service, (ii) any indicia of changes in debt- incurrence practices adopted by such members in anticipation of benefitting from such provisions in any potential case under such title; and (iii) any indicia of abuse or potential abuse of such provisions reflected in the debt- incurrence of such members. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code in the 3-year period beginning on the effective date of this Act. Passed the House of Representatives June 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

National Guard and Reservists Debt Relief Act of 2008 - Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a case based on means testing while the debtor: (1) is either on active duty in the military service of the United States or performing a homeland defense activity for at least 90 days, and during the 540 days following the end of such period; and (3) was called to such active duty or performed such homeland defense activity after September 11, 2001, as a member of a reserve component of the Armed Forces or the National Guard. Directs the Comptroller General of the United States to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies such members for such benefits of this Act; and (3) are debtors in federal bankruptcy cases materially related to such service. Requires such study to include the effects that the use by such members of this Act has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.

To amend title 11 of the United States Code to exempt for a limited period, from the application of the means-test presumption of abuse under Chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Rehabilitation Innovation Centers Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the United States, there are an estimated 1,181 inpatient rehabilitation facilities. Among these facilities is a small group of inpatient rehabilitation institutions that are contributing to the future of rehabilitation care medicine, as well as to patient recovery, scientific innovation, and quality of life. (2) This unique category of inpatient rehabilitation institutions treats the most complex patient conditions, such as traumatic brain injury, stroke, spinal cord injury, childhood disease, burns, and wartime injuries. (3) These leading inpatient rehabilitation institutions are all not-for-profit or Government-owned institutions and serve a high volume of Medicare or Medicaid beneficiaries. (4) These leading inpatient rehabilitation institutions have been recognized by the Federal Government for their contributions to cutting-edge research to develop solutions that enhance quality of care, improve patient outcomes, and reduce health care costs. (5) These leading inpatient rehabilitation institutions help to improve the practice and standard of rehabilitation medicine across the Nation in urban, suburban, and rural communities by training physicians, medical students, and other clinicians, and providing care to patients from all 50 States. (6) It is vital that these leading inpatient rehabilitation institutions are supported so they can continue to lead the Nation's efforts to-- (A) advance integrated, multidisciplinary rehabilitation research; (B) provide cutting-edge medical care to the most complex rehabilitation patients; (C) serve as education and training facilities for the physicians, nurses, and other health professionals who serve rehabilitation patients; (D) ensure Medicare and Medicaid beneficiaries receive state-of-the-art, high-quality rehabilitation care by developing and disseminating best practices and advancing the quality of care utilized by post-acute providers in all 50 States; and (E) support other inpatient rehabilitation institutions in rural areas to help ensure access to quality post-acute care for patients living in these communities. SEC. 3. INDIRECT COSTS PAYMENT FOR REHABILITATION INNOVATION CENTERS. (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Indirect costs payment for rehabilitation innovation centers.-- ``(A) Study relating to additional payments to rehabilitation innovation centers to account for higher costs; authority to increase payments.-- ``(i) Study.--Not later than July 1, 2017, the Secretary shall conduct a study to determine whether there should be an increase in the prospective payment rate that would otherwise be made to a rehabilitation innovation center under this subsection for purposes of covering the additional costs that are incurred by such centers in furnishing items and services to individuals under this title, conducting research, and providing medical training, and if the Secretary determines that such an increase is recommended, the amount of such increase that is needed to cover such additional costs. ``(ii) Authority to increase payments.-- Insofar as the Secretary determines under clause (i) that there should be an increase in the prospective payment rate to rehabilitation innovation centers, the Secretary may provide on a prospective basis for an appropriate percentage increase in such rate. ``(B) Rehabilitation innovation center defined.-- ``(i) In general.--Subject to clause (iv), in this paragraph, the term `rehabilitation innovation center' means a rehabilitation facility that, determined as of the date of the enactment of this paragraph, is described in clause (ii) or clause (iii). ``(ii) Not-for-profit.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a not-for- profit entity under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers or the Rehabilitation Engineering Research Center at the National Institute on Disability and Rehabilitation Research at the Department of Education; ``(III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and ``(IV) has at least 300 Medicare discharges per year or at least 200 Medicaid discharges per year. ``(iii) Government-owned.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a Government-owned institution under the Centers for Medicare & Medicaid Services 2010 Provider of Services file; ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability and Rehabilitation Research at the Department of Education; ``(III) has a minimum Medicare case mix index of 1.1144 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); and ``(IV) has a disproportionate share hospital (DSH) percentage of at least 0.6300 according to the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256). ``(iv) Authority.--The Secretary may consider applications from inpatient rehabilitation facilities that are not described in clause (ii) or (iii) as of the date of the enactment of this paragraph but who are subsequently so described.''. (b) Study and Report to Congress on Access to Rehabilitation Care in Rural Communities in States That Do Not Have a Rehabilitation Innovation Center.-- (1) Study.--The Secretary of Health and Human Services shall conduct a study on access by individuals (including, but not limited to, Medicare beneficiaries) to rehabilitation care in rural communities in States in which there is no rehabilitation innovation center (as defined in section 1886(j)(8)(B) of the Social Security Act, as added by subsection (a)). (2) Report.--Not later than July 1, 2017, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate.

Preserving Rehabilitation Innovation Centers Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to study whether there should be an increase in the prospective payment rate for inpatient rehabilitation services that would otherwise be made to a rehabilitation innovation center to cover additional costs incurred in: (1) furnishing items and services to individuals conducting research, and (2) providing medical training. Requires the study also to specify the amount of such an increase if the Secretary determines that it is recommended. Directs the Secretary also to study the access by individuals to rehabilitation care in rural communities in states where there is no rehabilitation innovation center.

Preserving Rehabilitation Innovation Centers Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Get America Moving Again Act of 2009''. SEC. 2. TEMPORARY CREDIT FOR PURCHASE OF PASSENGER VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30D the following new section: ``SEC. 30E. TEMPORARY CREDIT FOR PURCHASE OF PASSENGER VEHICLES. ``(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 the purchase price of any qualified passenger vehicle placed in service by the taxpayer during the taxable year. ``(b) Maximum Credit.-- ``(1) New vehicles.--In the case of each qualified passenger vehicle the original use of which begins with the taxpayer, the credit allowed by subsection (a) shall not exceed-- ``(A) $5,000 in the case of a vehicle placed in service before January 1, 2010, and ``(B) $2,500 in the case of a vehicle placed in service during 2010. ``(2) Used vehicles.--In the case of each qualified passenger vehicle the original use of which does not begin with the taxpayer, the credit allowed by subsection (a) shall not exceed-- ``(A) $2,000 in the case of a vehicle placed in service before January 1, 2010, and ``(B) $1,000 in the case of a vehicle placed in service during 2010. ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--In the case of a natural person, the amount allowable as credit under this section (without regard to this subsection) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount so allowable as-- ``(A) the excess (if any) of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $125,000 ($250,000 in the case of a joint return), bears to ``(B) $10,000. ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(d) Qualified Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified passenger vehicle' means any motor vehicle (as defined by section 30(c)(2)) if-- ``(A) the model year of such vehicle is (at the time such vehicle is placed in service by the taxpayer) not more than 3 years earlier than the most recent model year of such vehicle which is available for purchase, ``(B) such vehicle is acquired for use by the taxpayer and not for resale, ``(C) the amount paid by the taxpayer for such vehicle does not exceed $50,000, and ``(D) such vehicle has a gross vehicle weight rating of not more than 8,500 pounds. ``(2) Determination of price.--Rules similar to the rules of sections 4002(d) and 4003(c) shall apply. ``(e) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax .--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 23, 25D, and 30D) and section 27 for the taxable year. ``(f) Special Rules.--For purposes of this section-- ``(1) Basis reduction.--The basis of any property for which is credit is allowed under this section shall be reduced by the amount of such credit. ``(2) 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. ``(g) Application of Section.--This section shall apply to vehicles placed in service after the date of the enactment of this section and before January 1, 2011.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 26(a) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (2) Subsection (a) of section 1016 of such Code 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) to the extent provided by section 30E(f)(1).''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: ``Sec. 30E. Temporary credit for purchase of passenger vehicles.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Get America Moving Again Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new or used passenger vehicle before or during 2010. Requires that such vehicle have a purchase price not exceeding $50,000 and have a gross vehicle weight rating of not more than 8,500 pounds.

To amend the Internal Revenue Code of 1986 to allow individuals and businesses a temporary credit against income tax for the purchase of certain vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``White-Collar Crime Penalty Enhancement Act of 2002''. SEC. 2. CRIMINAL PENALTIES FOR CONSPIRACY TO COMMIT OFFENSE OR TO DEFRAUD THE UNITED STATES. Section 371 of title 18, United States Code, is amended by striking ``If two or more'' and all that follows through ``If, however,'' and inserting the following: ``(a) In General.--If 2 or more persons-- ``(1) conspire to commit any offense against the United States, in any manner or for any purpose, and 1 or more of such persons do any act to effect the object of the conspiracy, each person shall be fined or imprisoned, or both, as set forth in the specific substantive offense which was the object of the conspiracy; or ``(2) conspire to defraud the United States, or any agency thereof in any manner or for any purpose, and 1 or more of such persons do any act to effect the object of the conspiracy, each person shall be fined under this title, or imprisoned not more than 10 years, or both. ``(b) Misdemeanor Offense.--If, however,''. SEC. 3. CRIMINAL PENALTIES FOR MAIL AND WIRE FRAUD. (a) Mail Fraud.--Section 1341 of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years''. (b) Wire Fraud.--Section 1343 of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years''. SEC. 4. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. Section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131) is amended-- (1) by striking ``$5,000'' and inserting ``$100,000''; (2) by striking ``one year'' and inserting ``10 years''; and (3) by striking ``$100,000'' and inserting ``$500,000''. SEC. 5. AMENDMENT TO SENTENCING GUIDELINES RELATING TO CERTAIN WHITE- COLLAR OFFENSES. (a) Directive to the United States Sentencing Commission.--Pursuant to its authority under section 994(p) of title 18, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and related policy statements to implement the provisions of this Act. (b) Requirements.--In carrying out this section, the Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses and the penalties set forth in this Act, the growing incidence of serious fraud offenses which are identified above, and the need to modify the sentencing guidelines and policy statements to deter, prevent, and punish such offenses; (2) consider the extent to which the guidelines and policy statements adequately address-- (A) whether the guideline offense levels and enhancements for violations of the sections amended by this Act are sufficient to deter and punish such offenses, and specifically, are adequate in view of the statutory increases in penalties contained in this Act; and (B) whether a specific offense characteristic should be added in United States Sentencing Guideline section 2B1.1 in order to provide for stronger penalties for fraud when the crime is committed by a corporate officer or director; (3) assure reasonable consistency with other relevant directives and sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (5) make any necessary conforming changes to the sentencing guidelines; and (6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 6. CORPORATE RESPONSIBILITY FOR FINANCIAL REPORTS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1348. Failure of corporate officers to certify financial reports ``(a) Certification of Periodic Financial Reports.--Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accompanied by a written statement by the chairman of the board, chief executive officer, and chief financial officer (or equivalent thereof) of the issuer. ``(b) Content.--The statement required under subsection (a) shall certify the appropriateness of the financial statements and disclosures contained in the periodic report or financial report, and that those financial statements and disclosures fairly present, in all material respects, the operations and financial condition of the issuer. ``(c) Criminal Penalties.--Notwithstanding any other provision of law-- ``(1) any person who recklessly and knowingly violates any provision of this section shall upon conviction be fined not more than $500,000, or imprisoned not more than 5 years, or both; or ``(2) any person who willfully violates any provision of this section shall upon conviction be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.''. (b) Technical and Conforming Amendment.--The section analysis for chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1348. Failure of corporate officers to certify financial reports.''.

White-Collar Crime Penalty Enhancement Act of 2002 - Amends the Federal criminal code to increase penalties for: (1) conspiracy to commit an offense against, or to defraud, the United States; and (2) mail and wire fraud.Amends the Employee Retirement Security Act of 1974 to increase criminal penalties for violations of such Act.Directs the United States Sentencing Commission to review the Federal sentencing guidelines and related policy statements to: (1) ensure that they reflect the serious nature of the offenses and penalties set forth in this Act, the growing incidence of serious fraud offenses, and the need to deter, prevent, and punish such offenses; and (2) consider whether a specific offense characteristic should be added in order to provide stronger penalties for fraud committed by a corporate officer or director.Requires that each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission be accompanied by a written statement by the chairman of the board, chief executive officer, and chief financial officer certifying: (1) the appropriateness of the financial statements and disclosures; and (2) that those financial statements and disclosures fairly present the operations and financial condition of the user.Sets penalties of: (1) up to $500,000 and five years imprisonment for recklessly and knowingly violating this Act; and (2) up to $1,000,000 and ten years imprisonment for willfully violating this Act.

A bill to increase criminal penalties relating to conspiracy, mail fraud, wire fraud, and ERISA violations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Technology Skills Act of 2014''. SEC. 2. ESTABLISHMENT OF FUND. (a) Establishment.--There is established in the Department of Labor a fund to be known as the Information Technology Certification Fund (referred to in this Act as the ``Fund''). (b) Deposits.--The Fund shall consist of amounts donated by any person, partnership, or corporation, including nonprofit organizations and foundations that pledges to continue to donate a consistent amount for a minimum of three consecutive years. (c) Administration and Use of Funds.--The Fund shall be administered by the Secretary of Labor and used to carry out the grant program established under section 4. SEC. 3. EMPLOYERS HIRING INDIVIDUALS COMPLETING THE INFORMATION TECHNOLOGY CERTIFICATION PROGRAM ELIGIBLE FOR WORK OPPORTUNITY CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (H), by the striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) a certified information technology certification program graduate.''. (b) Certified Information Technology Certification Program Graduate.--Section 51(d) is amended by redesignating paragraphs (11), (12), (13), and (14) as paragraphs (12), (13), (14), and (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Certified information technology certification program graduate.--The term `certified information technology certification program graduate' means any individual who has been awarded a certificate of completion under section 5(f) of the Increasing Technology Skills Act of 2014 for completing the information technology certification program established under such Act during the 1-year period ending on the hiring date.''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work with the employer after the date of the enactment of this Act. SEC. 4. GRANTS TO STATES. (a) In General.--From funds available in the Fund established by section 2, the Secretary of Labor shall award grants, on a competitive basis, to States through the State boards. (b) Application.--To receive a grant under this section, a State board shall submit to the Secretary an application at such time and containing such information as the Secretary shall determine. (c) Use of Funds.--A State board shall use grant funds to provide financial support to qualified individuals for participation in an information technology certification program, in accordance with section 5. SEC. 5. FINANCIAL SUPPORT FOR INFORMATION TECHNOLOGY CERTIFICATION. (a) Identification of Programs and Public Awareness.--Each State receiving a grant under section 4 shall-- (1) identify information technology certification programs within the State and the requirements necessary for a qualified individual to participate in each program; (2) disseminate information, through one-stop centers and by other means, regarding such certification programs and the availability of financial support from the grant funds to enable qualified individuals to participate in such programs; and (3) assist qualified individuals in determining which information technology certification program such individual is most qualified for and best meets the goals of such individual. (b) Application of Qualified Individuals.--A qualified individual seeking to participate in an information technology certification program and receive financial support shall submit an application to a local one-stop center containing such information as the State Board shall determine. (c) Selection.--Qualified individuals shall be selected by the local one-centers, in conjunction with local chambers of commerce where appropriate, for participation based on their overall qualification for the certification programs taking into consideration their experience, skills, and competency, including high school level or better competency in typing, math, reading, and writing. (d) Eligible Expenses.--Financial support may be provided to pay for the costs to the qualified individual of preparatory classes, study materials, and examination expenses for the information technology certification program. (e) One-Time Participation.--Qualified individuals selected to receive financial support under this section may only participate once. Such participation consists of a single information technology certification, regardless of whether the individual obtains the certification. Such certification may consist of multiple preparatory classes and multiple examinations. (f) Certificate.--The State board shall award a certificate of completion to each individual who completes the program and obtains a certification. SEC. 6. DEPARTMENT OF LABOR GUIDANCE AND FACILITATION. (a) Background Information and Selection Guidance.--The Secretary of Labor shall create an introductory program for use in one-stop centers to provide background information to participants on information technology certification programs, to ensure such participants meet the necessary requirements, and suggest which certification program a participant should pursue according to his or her experience, skills and competency. (b) Identification of Local Employment Needs.--In consultation with local chambers of commerce, the Secretary shall identify the certification programs that best meet the employment needs in each local area. (c) Website.--The Secretary of Labor shall make the information required under subsections (a) and (b) available on an Internet website. Such website shall also include information on participating persons, partnerships, and corporations who donate money to the fund established by section 2, unless the person, partnership, or corporation requests that this information not be included on the website. (d) Facilitation of In-Kind Donations.--The Secretary of Labor, in coordination with the State boards, local one-stop centers, and local chambers of commerce, shall facilitate the placing of in-kind donations of textbooks or other study materials by entities described in section 2(b) with qualified individuals participating in certification programs. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``information technology certification program'' means any course of study or training in computer science or information technology that culminates with an individual earning a certification or other industry-recognized credential that attests to the individual's qualification to perform a job or task that entails the application of computers and telecommunications equipment; (2) the term ``qualified individual'' means an individual who-- (A) at the time he or she submits an application for financial support under section 5, has been unemployed for a period of not less than 6 months; or (B) is a veteran of the Armed Services; (3) the term ``one-stop center'' means a one-stop operator as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); and (4) the term ``State board'' means a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2811).

Increasing Technology Skills Act of 2014 - Establishes in the Department of Labor the Information Technology Certification Fund. Amends the Internal Revenue Code to allow a work opportunity tax credit for any employer who hires a certified information technology certification program graduate. Directs the Secretary of Labor to award competitive grants to states through state boards for the payment of costs of qualified individuals to participate in the program. Directs the Secretary to create an introductory program for use in one-stop centers to provide background information via the Internet to participants on information technology certification programs.

Increasing Technology Skills Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Head Start Centers of Excellence Act of 2003''. SEC. 2. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD. The Head Start Act is amended by inserting after section 641A (42 U.S.C. 9836a) the following: ``SEC. 641B. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD. ``(a) Definitions.--In this section: ``(1) Center of excellence.--The term `center of excellence' means a Center of Excellence in Early Childhood designated under subsection (b). ``(2) State council.--The term `State council' means a State Council for Excellence in Early Childhood described in subsection (e). ``(b) Designation and Bonus Grants.--The Secretary shall establish a program under which the Secretary shall-- ``(1) designate up to 200 exemplary Head Start agencies as Centers of Excellence in Early Childhood; and ``(2) make bonus grants to the designated centers of excellence to carry out the activities described in subsection (d). ``(c) Application and Designation.-- ``(1) Application.-- ``(A) In general.--To be eligible to receive designation as a center of excellence under subsection (b), a Head Start agency in a State shall be nominated by the Governor of the State and shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Contents.--At a minimum, the application shall include-- ``(i) evidence that the Head Start program carried out by the agency has improved the school readiness of, and enhanced academic outcomes for, children who have participated in the program; ``(ii) evidence that the program meets or exceeds Head Start standards and performance measures described in subsections (a) and (b) of section 641A, as evidenced by successful completion of programmatic and monitoring reviews, and has no citations for substantial deficiencies with respect to the standards and measures; ``(iii) information demonstrating the existence of a collaborative partnership between the Head Start agency and the Governor's office; ``(iv) a nomination letter from the Governor, demonstrating the agency's ability to carry out the coordination, transition, and training services of the program to be carried out under the bonus grant involved, including coordination of activities with State and local agencies that provide early childhood services to children and families in the community served by the agency; and ``(v) information demonstrating the existence of, or the agency's plan to establish, a local council for excellence in early childhood, which shall include representatives of all the institutions, agencies, and groups involved in the work of the center for and the local provision of services to eligible children and other at-risk children, and their families. ``(2) Selection.--In selecting agencies to designate as centers of excellence under subsection (b), the Secretary shall designate at least 1 from each of the 50 States and the District of Columbia. ``(3) Term of designation.-- ``(A) In general.--Subject to subparagraph (B), the Secretary shall designate a Head Start agency as a center of excellence for a 5-year term. During the period of that designation, subject to the availability of appropriations, the agency shall be eligible to receive a bonus grant under subsection (b). ``(B) Revocation.--The Secretary may revoke an agency's designation under subsection (b) if the Secretary determines that the agency is not demonstrating adequate performance. ``(4) Amount of bonus grant.--The Secretary shall base the amount of funding provided through a bonus grant made under subsection (b) to a center of excellence for the center's staff costs on the number of children served at the center of excellence. The Secretary shall make such a bonus grant in an amount of not less than $100,000 per year. ``(d) Use of Funds.-- ``(1) Activities.--A center of excellence that receives a bonus grant under subsection (b) may use the funds made available through the bonus grant-- ``(A) to provide Head Start services to additional eligible children; ``(B) to better meet the needs of working families in the community served by the center by serving more children in Early Head Start programs or in full- working-day, full calendar year Head Start programs; ``(C) to model and disseminate best practices for achieving early academic success, including achieving school readiness and developing preliteracy and prenumeracy skills for at-risk children, and to provide seamless service delivery for eligible children and their families; ``(D) to coordinate early childhood and social services available in the community served by the center for at-risk children (prenatal through age 8) and their families, including services provided by child care providers, health care providers, and providers of income-based financial assistance, and other State and local services; ``(E) to provide training and cross training for Head Start teachers and staff, and to develop agency leaders; ``(F) to provide effective transitions between Head Start programs and elementary school, to facilitate ongoing communication between Head Start and elementary school teachers concerning children receiving Head Start services, and to provide training and technical assistance to providers who are public elementary school teachers and other staff of local educational agencies, child care providers, family service providers, and other providers of early childhood services, to help the providers described in this subparagraph increase their ability to work with low- income, at-risk children and their families; and ``(G) to carry out other activities determined by the center to improve the overall quality of the Head Start program carried out by the agency and the program carried out under the bonus grant involved. ``(2) Involvement of other head start agencies and providers.--Not later than the second year for which the center receives a bonus grant under subsection (b), the center, in carrying out activities under this subsection, shall work with the center's delegate agencies, several additional Head Start agencies, and other providers of early childhood services in the community involved, to encourage the agencies and providers described in this sentence to carry out model programs. The center shall establish the local council described in subsection (c)(1)(B)(v). ``(e) State Councils for Excellence in Early Childhood.-- ``(1) Establishment.--The Secretary shall make grants to States to enable the States to establish State Councils for Excellence in Early Childhood. The State council established by a State shall include representatives of Head Start agencies, public elementary schools, providers of early childhood services (including family service providers), and other entities working with centers of excellence in the State. The State council shall be chaired by a Director of a center of excellence in the State. ``(2) Functions.--The State council shall work with the State Head Start Office of Collaboration. The State council shall review and compile information on the work of the centers of excellence in the State, collecting and disseminating information on the findings of the centers, and identifying barriers to and opportunities for success in that work that could be addressed at a State level. The State Head Start Office of Collaboration shall address the barriers and opportunities. ``(f) Research and Reports.-- ``(1) Research.--The Secretary shall make a grant to an independent organization to conduct research on the ability of the centers of excellence to improve the school readiness of children receiving Head Start services, and to positively impact school results in the earliest grades. The organization shall also conduct research to measure the success of the centers of excellence at encouraging the center's delegate agencies, additional Head Start agencies, and other providers of early childhood services in the communities involved to meet measurable improvement goals, particularly in the area of school readiness. ``(2) Report.--Not later than 48 months after the date of enactment of the Head Start Centers of Excellence Act of 2003, the organization shall prepare and submit to the Secretary and Congress a report containing the results of the research described in paragraph (1). ``(g) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 2004 and each subsequent fiscal year-- ``(1) $90,000,000 to make bonus grants to centers of excellence under subsection (b) to carry out activities described in subsection (d); ``(2) $2,500,000 to pay for the administrative costs of the Secretary in carrying out this section, including the cost of a conference of centers of excellence; ``(3) $5,500,000 to make grants to States for State councils to carry out the activities described in subsection (e); and ``(4) $2,000,000 for research activities described in subsection (f).''.

Head Start Centers of Excellence Act of 2003 - Amends the Head Start Act to direct the Secretary of Health and Human Services to establish a program for: (1) designating up to 200 exemplary Head Start agencies as Centers of Excellence in Early Childhood; and (2) making bonus grants to such centers to provide Head Start services to additional eligible children, and perform specified related activities. Directs the Secretary to make grants to: (1) States to enable them to establish State Councils for Excellence in Early Childhood to work with the State Head Start Office of Collaboration; and (2) an independent organization to conduct research on the ability of the centers of excellence to improve the school readiness of children receiving Head Start services, and to positively impact school results in the earliest grades.

A bill to amend the Head Start Act to designate up to 200 Head Start centers as Centers of Excellence in Early Childhood, and for other purposes.

SECTION 1. AMENDMENT. The Railway Labor Act (45 U.S.C. 151 et seq.) is amended by inserting after section 10 the following new section: ``final arbitration procedures ``Sec. 10A. (a) If any dispute with respect to which a board created under section 10 has made recommendations remains unresolved 30 days after the report of such board to the President, the final paragraph of section 10 shall apply and be extended for an additional period with respect to each such unresolved dispute, so that no change shall be made by any carrier or employee affected by such unresolved dispute, before a decision is rendered under subsection (c)(4) or the parties have reached agreement, in the conditions out of which such dispute arose. ``(b)(1)(A) Within three days (excluding Saturdays, Sundays, and Federal holidays) after the date which is 30 days after a report is made to the President under section 10, the carrier parties to the unresolved disputes that were the subject of such report, acting jointly, and the labor organization parties to such unresolved disputes, acting jointly, shall select an individual from the entire roster of arbitrators maintained by the National Mediation Board. Within six days (excluding Saturdays, Sundays, and Federal holidays) after the date which is 30 days after such report under section 10, the individual selected by the labor organizations under the preceding sentence shall, jointly with the individual selected by the carrier parties under the preceding sentence, select an individual from such roster to serve as arbitrator for the unresolved disputes involving such labor organizations and carriers. ``(B) For purposes of this paragraph and subsection (a), a dispute as to which tentative agreement has been reached but not ratified shall be considered an unresolved dispute. ``(2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any organization of employees or any railroad, or who has served as a member of the board created under section 10 with respect to the disputes involved. ``(3) The compensation of individuals selected under paragraph (1) shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act shall apply to the expenses of such individuals as if such individuals were members of a board created under such section 10. ``(c)(1) During the 20-day period beginning on the date which is 30 days after the relevant report under section 10, the parties to the unresolved disputes described in subsection (b)(1) shall conduct negotiations for the purpose of reaching agreement with respect to such disputes. Arbitrators selected under subsection (b) shall be available for consultation with the parties to the unresolved disputes for which they have been selected. ``(2) If, within the period described in paragraph (1), the parties to any dispute described in subsection (b) do not reach agreement, both the labor organizations and the carriers shall, within five days after the end of such period, submit to the arbitrator and to the other parties a proposed written contract embodying their last best offer for agreement concerning rates of pay, rules, and working conditions. Such proposed written contract shall address only-- ``(A) issues that the relevant Presidential Emergency Board dealt with by a recommendation in its report; and ``(B) other issues that the parties agree may be addressed by the written contract. ``(3) Upon submission to the arbitrator of the proposed written contracts described in paragraph (2), and for a period of seven days thereafter, the parties shall, with the assistance of the arbitrator, attempt to reach agreement. ``(4) If the parties fail to reach agreement within the period described in paragraph (3), the arbitrator, within three days thereafter, shall render a decision selecting one of the proposed written contracts submitted under paragraph (2), without modification, and shall immediately submit such decision and selected contract to the President. The selected contract shall be binding on the parties and have the same effect as though arrived at by agreement of the parties under this Act unless, within three days following receipt of the decision and selected contract, the President disapproves such decision and contract. If the President disapproves such decision and contract, the parties shall have those rights under this Act they had on the date which was 30 days after the relevant report under section 10. ``(5)(A) With respect to any tentative agreement reached but not ratified prior to the date which is 30 days after the relevant report under section 10, if the ratification of such tentative agreement fails, the parties to such tentative agreement shall be considered parties to an unresolved dispute for purposes of this subsection, and the time periods described in this subsection shall apply to such dispute beginning on the date of such failure. ``(B) With respect to any tentative agreement reached after the date which is 30 days after the relevant report under section 10, if the ratification of such tentative agreement fails, both the labor organizations and the carriers party to such tentative agreement shall, within five days after the date of such failure, submit to the arbitrator and to the other parties a proposed written contract under paragraph (2), and shall be subject to paragraphs (3) and (4). ``(C) Upon the agreement of the parties to an unresolved dispute, final offers may be submitted under paragraph (2) at any time after the date which is 30 days after the relevant report under section 10. ``(6) The responsibilities of an arbitrator appointed under subsection (b) shall terminate upon a decision under paragraph (4) of this subsection. ``(d) There shall be no judicial review of any decision of an arbitrator under this section. ``(e) Nothing in this section shall prevent a mutual written agreement to any terms and conditions different from those established by this section.''. SEC. 2. EXCLUSION. Section 201 of the Railway Labor Act (45 U.S.C. 181) is amended by striking ``section 3'' and inserting in lieu thereof ``sections 3 and 10A''.

Amends the Railway Labor Act to establish final arbitration procedures for settlement of railroad labor-management disputes.

Amending the Railway Labor Act to provide for the settlement of railroad labor-management disputes.