FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Meals and Learning Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)-- (A) that serves lunch at a school served by the local educational agency during the summer as part of-- (i) the summer food service program for children established under section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761); or (ii) the seamless summer option authorized by section 13(a)(8) of such Act (42 U.S.C. 1761(a)(8)); and (B) where at least 50 percent of the students in grades prekindergarten through grade 3 at such school-- (i) are reading below grade level at grade 3; or (ii) are at risk of reading below grade level at grade 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (4) State library administrative agency.--The term ``State library administrative agency'' has the meaning given the term in section 213 of the Museum and Library Services Act (20 U.S.C. 9122). (5) Summer early reading program.--The term ``summer early reading program'' means a program held in the summer, and not less than 6 weeks in duration, that-- (A) is held at a school with a summer lunch site described in paragraph (1)(A); and (B) provides students participating in the lunch program-- (i) access to the school library; and (ii) literacy activities or expanded learning opportunities at the school. SEC. 3. GRANTS FOR SUMMER EARLY READING PROGRAMS AT SUMMER MEAL SITES. (a) Program Authorized.--From amounts made available under subsection (f) for a fiscal year, the Secretary shall award grants, on a competitive basis, to State library administrative agencies to enable the State library administrative agencies to award subgrants to eligible local educational agencies for summer early reading programs. (b) Applications.--A State library administrative agency desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. Each application shall include-- (1) how the State library administrative agency will award subgrants described in subsection (d), including any priorities or considerations that the State library administrative agency will apply in making such awards, with an emphasis toward supporting eligible local educational agencies with a disproportionately high ratio of students served at school lunch sites described in section 2(1)(A) to such school lunch sites; (2) how the State library administrative agency will disseminate, in a timely manner, information regarding the subgrants described in subsection (d) and the application process for such subgrants to eligible local educational agencies; (3) the criteria that the State library administrative agency will require for the summer early reading programs, including the minimum number of hours that the school library shall remain accessible and any other criteria regarding the activities to be offered; and (4) an assurance from the State library administrative agency that each eligible local educational agency that receives a subgrant will provide a summer early reading program at each school lunch site served by the local educational agency. (c) Use of Funds.--A State library administrative agency receiving a grant under this section shall use grant funds to award subgrants to eligible local educational agencies under subsection (d). (d) Subgrants.-- (1) In general.--Each State library administrative agency receiving a grant under this section shall award subgrants, on a competitive basis, to eligible local educational agencies to enable the eligible local educational agencies to provide summer early reading programs. (2) Applications.--An eligible local educational agency desiring a subgrant under this section shall submit an application at such time, in such manner, and containing such information as the State library administrative agency may require. Each application shall include-- (A) a description of the school lunch sites described in section 2(1)(A) that will be participating in the summer early reading program, and the ratio, as of the date of application, of the number of students served to the number of such school lunch sites; (B) proof that the eligible local educational agency meets the requirements of section 2(1); (C) a description of the summer early reading program that the eligible local educational agency will provide at each school lunch site to be served; and (D) a description of how community partners will be involved in the summer early reading program. (3) Award basis.--A State library administrative agency receiving a grant under this section shall award subgrants based on-- (A) the proposed number of school lunch sites and the number of students that will be served under the summer early reading program; and (B) any other criteria established by the State library administrative agency in the application submitted under subsection (b). (4) Use of funds.--An eligible local educational agency receiving a subgrant under this subsection shall use the subgrant funds to work with community partners to-- (A) develop and implement the summer early reading programs proposed in the application submitted under paragraph (2); (B) develop and carry out other activities and strategies related to such summer early reading programs; and (C) hire and train appropriate State library administrative agency personnel to teach the summer early reading programs during the summer. (e) Reports.--For each year of a grant or subgrant awarded under this section, a State library administrative agency receiving such grant, or an eligible local educational agency receiving such subgrant, shall submit a report regarding the progress made in achieving the purposes of the grant or subgrant, respectively, to the Secretary. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $5,000,000 for each of the fiscal years 2019 through 2023.

Summer Meals and Learning Act of 2018 This bill directs the Department of Education to award grants to state library administrative agencies to enable them to award subgrants to eligible local educational agencies for summer early reading programs held at schools with a summer lunch site.

Summer Meals and Learning Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Inhaler Protection Act''. SEC. 2. ASSESSMENTS RELATED TO TRANSITION FROM USE OF CHLOROFLUOROCARBONS IN METERED-DOSE INHALERS. (a) Assessments.--Before beginning rulemaking to issue a regulation described in section 3(a), the Commissioner of Food and Drugs (referred to in this Act as the ``Commissioner'') shall conduct the following assessments concerning the transition from use of chlorofluorocarbons in metered-dose inhalers: (1) An assessment of the health risks and benefits of the regulatory approach set forth in the advance notice of proposed rulemaking entitled ``Chlorofluorocarbon Propellants in Self- Pressurized Containers; Determinations That Uses Are No Longer Essential; Request for Comments'', published in the Federal Register on March 6, 1997, 62 Fed. Reg. 10242, and the health risks and benefits of alternative policies for facilitating the transition to non-chlorofluorocarbon treatments for asthma and other respiratory diseases. (2) An assessment of the environmental risks and benefits of the regulatory approach set forth in the notice described in paragraph (1), and the environmental risks and benefits of alternative policies for facilitating the transition to non- chlorofluorocarbon treatments for asthma and other respiratory diseases. (3) An assessment of whether measures and recommendations adopted by the Tenth Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer will, when implemented in the United States, facilitate the transition in the United States to non-chlorofluorocarbon treatments for asthma and other respiratory diseases by 2005 without increasing the health risks to patients of such diseases. (b) Basis for Assessments.-- (1) Health risks and benefits.--The Commissioner shall base the assessment described in subsection (a)(1) on factors including extensive consultations with patients, physicians, other health care providers, manufacturers of metered-dose inhalers, and other interested parties. (2) Environmental risks and benefits.--The Commissioner shall conduct the assessment described in subsection (a)(2) in a manner consistent with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), and parts 10, 20, 25, 71 , 101, 170, 171, 312, 314, 511, 514, 570, 571, 601, 812, and 814 of title 21, Code of Federal Regulations. In conducting such assessment, the Commissioner shall consult with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the National Aeronautics and Space Administration, as appropriate. (c) Reports.--The Commissioner shall prepare and submit to Congress a report for each assessment and shall publish the reports in the Federal Register. SEC. 3. RULEMAKING ON CHLOROFLUOROCARBONS IN METERED-DOSE INHALERS. (a) Regulation.--After completing the duties described in section 2, the Commissioner shall issue a regulation setting forth criteria for determining whether and in what cases particular chlorofluorocarbon metered-dose inhalers are necessary for purposes of eligibility for class I allowances under section 604(d) of the Clean Air Act (42 U.S.C. 7671c(d)) and, as a result, represent essential uses of class I substances under title VI of the Clean Air Act (42 U.S.C. 7671 et seq.). (b) Alternatives.--The criteria described in section 3(a) shall ensure that a range of non-chlorofluorocarbon inhaler alternatives are available for each active moiety, to the extent consistent with title 35, United States Code, and section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), and that such alternatives are, for all populations of users, comparable to existing treatments (in existence on the date of issuance of the regulation) in terms of safety and effectiveness, use for therapeutic indications, dosage strength, delivery system, and sufficient availability to meet consumer needs. (c) Limitations.--The criteria described in section 3(a) shall not utilize a therapeutic class approach. If a determination described in subsection (a) results in the withdrawal of a class I allowance for use of a chlorofluorocarbon in a type of inhaler, inhalers of the type involved that were introduced into interstate commerce prior to the date of the determination shall not be considered to be adulterated or misbranded under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) solely on the basis of the withdrawal. SEC. 4. APPROVALS OF NEW MEDICAL PRODUCTS CONTAINING CHLOROFLUOROCARBONS. Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505A (21 U.S.C. 355a) the following: ``SEC. 505B. APPROVALS OF NEW DRUGS CONTAINING CHLOROFLUOROCARBONS. ``(a) Preliminary Assessments and Terminations of Review.-- Notwithstanding any other provision of this Act, with respect to any application submitted to the Secretary under subsection (b) or (j) of section 505 (21 U.S.C. 355) after December 31, 1998, for any drug containing chlorofluorocarbons, the Secretary shall conduct a preliminary assessment of such application to determine if the drug represents a significant therapeutic advance over products previously approved under this chapter. If the Secretary determines that the drug does not represent a significant therapeutic advance over such approved products, the Secretary shall terminate review of such application and not approve the application for the drug. ``(b) Limitations.--Subsection (a) shall not apply to a supplement to an application if the application was approved under subsection (c) or (j)(4) of section 505. ``(c) Construction.--Notwithstanding any other provision of this chapter, use of a drug containing chlorofluorocarbons in a chlorofluorocarbon metered-dose inhaler shall be subject to the regulation referred to in section 3(a) of the Asthma Inhaler Protection Act, regardless of whether an application or supplement for the drug is approved under section 505 in accordance with this section.''.

Asthma Inhaler Protection Act - Requires the Commissioner of Food and Drugs, before beginning the rulemaking mandated below, to conduct specified assessments regarding: (1) health and environmental risks and benefits; and (2) whether measures and recommendations adopted by the Tenth Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer will facilitate the U.S. transition to non-chlorofluorocarbon (non-CFC) respiratory disease treatments without increasing health risks. Mandates, after the assessments above, a regulation regarding whether and in what cases particular CFC metered-dose inhalers are necessary for purposes of eligibility for class I allowances and represent essential uses of class I substances under specified provisions of the Clean Air Act. Amends the Federal Food, Drug, and Cosmetic Act to require, regarding any new drug or abbreviated new drug application for any drug containing CFCs, a preliminary assessment of whether the drug represents a significant therapeutic advance over previously-approved products and, if not, requires application disapproval.

Asthma Inhaler Protection Act

SECTION 1. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS. (a) Findings.--Congress finds the following: (1) Members of the Armed Forces of the United States defend the freedom and security of our Nation. (2) Members of the Armed Forces of the United States have lost their lives while battling the evils of terrorism around the world. (3) Personnel of the Central Intelligence Agency (CIA) charged with the responsibility of covert observation of terrorists around the world are often put in harm's way during their service to the United States. (4) Personnel of the Central Intelligence Agency have also lost their lives while battling the evils of terrorism around the world. (5) Employees of the Federal Bureau of Investigation (FBI) and other Federal agencies charged with domestic protection of the United States put their lives at risk on a daily basis for the freedom and security of our Nation. (6) United States military personnel, CIA personnel, FBI personnel, and other Federal agents in the service of the United States are patriots of the highest order. (7) CIA officer Johnny Micheal Spann became the first American to give his life for his country in the War on Terrorism launched by President George W. Bush following the terrorist attacks of September 11, 2001. (8) Johnny Micheal Spann left behind a wife and children who are very proud of the heroic actions of their patriot father. (9) Surviving dependents of members of the Armed Forces of the United States who lose their lives as a result of terrorist attacks or military operations abroad receive a $6,000 death benefit, plus a small monthly benefit. (10) The current system of compensating spouses and children of American patriots is inequitable and needs improvement. (b) Designation of Johnny Micheal Spann Patriot Trusts.--Any charitable corporation, fund, foundation, or trust (or separate fund or account thereof) which otherwise meets all applicable requirements under law with respect to charitable entities and meets the requirements described in subsection (c) shall be eligible to characterize itself as a ``Johnny Micheal Spann Patriot Trust''. (c) Requirements for the Designation of Johnny Micheal Spann Patriot Trusts.--The requirements described in this subsection are as follows: (1) Not taking into account funds or donations reasonably necessary to establish a trust, at least 85 percent of all funds or donations (including any earnings on the investment of such funds or donations) received or collected by any Johnny Micheal Spann Patriot Trust must be distributed to (or, if placed in a private foundation, held in trust for) surviving spouses, children, or dependent parents, grandparents, or siblings of 1 or more of the following: (A) members of the Armed Forces of the United States; (B) personnel, including contractors, of elements of the intelligence community, as defined in section 3(4) of the National Security Act of 1947; (C) employees of the Federal Bureau of Investigation; and (D) officers, employees, or contract employees of the United States Government, whose deaths occur in the line of duty and arise out of terrorist attacks, military operations, intelligence operations, law enforcement operations, or accidents connected with activities occurring after September 11, 2001, and related to domestic or foreign efforts to curb international terrorism, including the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224). (2) Other than funds or donations reasonably necessary to establish a trust, not more than 15 percent of all funds or donations (or 15 percent of annual earnings on funds invested in a private foundation) may be used for administrative purposes. (3) No part of the net earnings of any Johnny Micheal Spann Patriot Trust may inure to the benefit of any individual based solely on the position of such individual as a shareholder, an officer or employee of such Trust. (4) None of the activities of any Johnny Micheal Spann Patriot Trust shall be conducted in a manner inconsistent with any law with respect to attempting to influence legislation. (5) No Johnny Micheal Spann Patriot Trust may participate in or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, including by publication or distribution of statements. (6) Each Johnny Micheal Spann Patriot Trust shall comply with the instructions and directions of the Director of Central Intelligence, the Attorney General, or the Secretary of Defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sensitive national security information, including methods for confidentially disbursing funds. (7) Each Johnny Micheal Spann Patriot Trust that receives annual contributions totaling more than $1,000,000 must be audited annually by an independent certified public accounting firm. Such audits shall be filed with the Internal Revenue Service, and shall be open to public inspection, except that the conduct, filing, and availability of the audit shall be consistent with the protection of intelligence sources and methods, of sensitive law enforcement information, and of other sensitive national security information. (8) Each Johnny Micheal Spann Patriot Trust shall make distributions to beneficiaries described in paragraph (1) at least once every calendar year, beginning not later than 12 months after the formation of such Trust, and all funds and donations received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within 36 months after the end of the fiscal year in which such funds, donations, and earnings are received. (9)(A) When determining the amount of a distribution to any beneficiary described in paragraph (1), a Johnny Micheal Spann Patriot Trust should take into account the amount of any collateral source compensation that the beneficiary has received or is entitled to receive as a result of the death of an individual described in subsection (c)(1). (B) Collateral source compensation includes all compensation from collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the death of an individual described in subsection (c)(1). (d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each Johnny Micheal Spann Patriot Trust shall refrain from conducting the activities described in clauses (i) and (ii) of section 301(20)(A) of the Federal Election Campaign Act of 1971 so that a general solicitation of funds by an individual described in paragraph (1) of section 323(e) of such Act will be permissible if such solicitation meets the requirements of paragraph (4)(A) of such section. (e) Notification of Trust Beneficiaries.--Notwithstanding any other provision of law, and in a manner consistent with the protection of intelligence sources and methods, sensitive law enforcement information, and other sensitive national security information, the Secretary of Defense, the Director of the Federal Bureau of Investigation, or the Director of Central Intelligence, or their designees, as applicable, may forward information received from an executor, administrator, or other legal representative of the estate of a decedent described in subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a Johnny Micheal Spann Patriot Trust on how to contact individuals eligible for a distribution under subsection (c)(1) for the purpose of providing assistance from such Trust; provided that, neither forwarding nor failing to forward any information under this subsection shall create any cause of action against any Federal department, agency, officer, agent, or employee. (f) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence, shall prescribe regulations to carry out this section.

Sets forth requirements a charitable corporation, fund, foundation, or trust must meet to designate itself as a Johnny Micheal Spann Patriot Trust (a charitable trust for the spouses, dependents, and relatives of military and Federal personnel who lose their lives in the battle against terrorism that is named after the first American to die in such service following the September 11th terrorist attacks). Requires at least 85 percent of each Trust corpus to be distributed to such survivors and prohibits more than 15 percent from being used for administrative purposes. Prohibits any such Trust from participating in any political campaign on behalf of a candidate for public office. Requires: (1) audits of each Trust that annually receives contributions of more than $1 million; and (2) Trust distributions to be made at least once a year.Provides for the notification of Trust beneficiaries.

A bill to encourage the establishment of Johnny Micheal Spann Patriot Trusts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Your Caller Act of 2001''. SEC. 2. PROHIBITION OF INTERFERENCE WITH CALLER IDENTIFICATION SERVICES. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Interference With Caller Identification Services.-- ``(1) In general.--It shall be unlawful for any person within the United States, in making any telephone solicitation-- ``(A) to interfere with or circumvent the capability of a caller identification service to access or provide to the recipient of the telephone call involved in the solicitation any information regarding the call that such service is capable of providing; and ``(B) to fail to provide caller identification information in a manner that is accessible by a caller identification service, if such person has capability to provide such information in such a manner. For purposes of this section, the use of a telecommunications service or equipment that is incapable of transmitting caller identification information shall not, of itself, constitute interference with or circumvention of the capability of a caller identification service to access or provide such information. ``(2) Regulations.--Not later than 6 months after the enactment of the Know Your Caller Act of 2001, the Commission shall prescribe regulations to implement this subsection, which shall-- ``(A) specify that the information regarding a call that the prohibition under paragraph (1) applies to includes-- ``(i) the name of the person or entity who makes the telephone call involved in the solicitation; ``(ii) the name of the person or entity on whose behalf the solicitation is made; and ``(iii) a valid and working telephone number at which the person or entity on whose behalf the telephone solicitation is made may be reached during regular business hours for the purpose of requesting that the recipient of the solicitation be placed on the do-not-call list required under section 64.1200 of the Commission's regulations (47 CFR 64.1200) to be maintained by such person or entity; and ``(B) provide that a person or entity may not use such a do-not-call list for any purpose (including transfer or sale to any other person or entity for marketing use) other than enforcement of such list. ``(3) Private right of action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or ``(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. ``(4) Definitions.--For purposes of this subsection: ``(A) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call. ``(B) Telephone call.--The term `telephone call' means any telephone call or other transmission which is made to or received at a telephone number of any type of telephone service and includes telephone calls made using the Internet (irrespective of the type of customer premises equipment used in connection with such services). Such term also includes calls made by an automatic telephone dialing system, an integrated services digital network, and a commercial mobile radio source.''. SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS. (a) Effect on State Law.--Subsection (f)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(f)(1)), as so redesignated by section 2(1) of this Act, is further amended by inserting after ``subsection (d)'' the following: ``and the prohibition under paragraphs (1) and (2) of subsection (e),''. (b) Actions by States.--The first sentence of subsection (g)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(g)(1)), as so redesignated by section 2(1) of this Act, is further amended by striking ``telephone calls'' and inserting ``telephone solicitations, telephone calls,''. SEC. 4. STUDY REGARDING TRANSMISSION OF CALLER IDENTIFICATION INFORMATION. The Federal Communications Commission shall conduct a study to determine-- (1) the extent of the capability of the public switched network to transmit the information that can be accessed by caller identification services; (2) the types of telecommunications equipment being used in the telemarketing industry, the extent of such use, and the capabilities of such types of equipment to transmit the information that can be accessed by caller identification services; and (3) the changes to the public switched network and to the types of telecommunications equipment commonly being used in the telemarketing industry that would be necessary to provide for the public switched network to be able to transmit caller identification information on all telephone calls, and the costs (including costs to the telemarketing industry) to implement such changes. The Commission shall complete the study and submit a report to the Congress on the results of the study, not later than one year after the date of the enactment of this Act. Passed the House of Representatives December 4, 2001. Attest: JEFF TRANDAHL, Clerk.

Know Your Caller Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person making a telephone solicitation to: (1) interfere with or circumvent a caller identification service from accessing or providing the call recipient with identifying information about the call; or (2) fail to provide caller identification information that is accessible by a caller identification service, if such person has the capability to provide such information.Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition or regulations.Requires the Federal Communications Commission to study and report to Congress with respect to the transmission capabilities of caller identification information.

To amend the Communications Act of 1934 to prohibit telemarketers from interfering with the caller identification service of any person to whom a telephone solicitation is made, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Downpayment Act of 2004''. SEC. 2. INSURANCE FOR ZERO-DOWNPAYMENT MORTGAGES. (a) Mortgage Insurance Authority.--Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by inserting after subsection (k) the following new subsection: ``(l) Zero-Downpayment Mortgages.-- ``(1) Insurance authority.--The Secretary may insure, and commit to insure, under this subsection any mortgage that meets the requirements of this subsection and, except as otherwise specifically provided in this subsection, of subsection (b). ``(2) Eligible single family property.--To be eligible for insurance under this subsection, a mortgage shall involve a property upon which there is located a dwelling that is designed principally for a 1- to 3-family residence and that, notwithstanding subsection (g), is to be occupied by the mortgagor as his or her principal residence, which shall include-- ``(A) a 1-family dwelling unit in a multifamily project and an undivided interest in the common areas and facilities which serve the project; ``(B) a 1-family dwelling unit of a cooperative housing corporation the permanent occupancy of the dwelling units of which is restricted to members of such corporation and in which the purchase of such stock or membership entitles the purchaser to the permanent occupancy of such dwelling unit; and ``(C) a manufactured home that meets such standards as the Secretary has established for purposes of subsection (b). ``(3) Maximum principal obligation.-- ``(A) Limitation.--To be eligible for insurance under this subsection, a mortgage shall involve a principal obligation in an amount not in excess of 100 percent of the appraised value of the property plus any initial service charges, appraisal, inspection and other fees in connection with the mortgage as approved by the Secretary. ``(B) Inapplicability of other loan-to-value requirements.--A mortgage insured under this subsection shall not be subject to subparagraph (B) of paragraph (2) of subsection (b) or to the matter in such paragraph that follows such subparagraph. ``(4) Eligible mortgagors.--The mortgagor under a mortgage insured under this subsection shall meet the following requirements: ``(A) First-time homebuyer.--The mortgagor shall be a first-time homebuyer. The program for mortgage insurance under this subsection shall be considered a Federal program to assist first-time homebuyers for purposes of section 956 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12713). ``(B) Counseling.-- ``(i) Requirement.--The mortgagor shall have received counseling, prior to application for the loan involved in the mortgage, by a third party (other than the mortgagee) who is approved by the Secretary, with respect to the responsibilities and financial management involved in homeownership. Such counseling shall be provided to the mortgagor on an individual basis by a representative of the approved third party counseling entity, and shall be provided in person to the maximum extent practicable. ``(ii) Topics.--Such counseling shall include providing to, and discussing with, the mortgagor-- ``(I) information regarding homeownership options other than a mortgage insured under this subsection, other zero- or low-downpayment mortgage options that are or may become available to the mortgagor, the financial implications of entering into a mortgage (including a mortgage insured under this subsection), and any other information that the Secretary may require; and ``(II) a document that sets forth the amount and the percentage by which a property subject to a mortgage insured under this subsection must appreciate for the mortgagor to recover the principal amount of the mortgage, the costs financed under the mortgage, and the estimated costs involved in selling the property, if the mortgagor were to sell the property on each of the second, fifth, and tenth anniversaries of the mortgage. ``(iii) 2- and 3-family residences.--In the case of a mortgage involving a 2- or 3-family residence, such counseling shall include (in addition to the information required under clause (ii)) information regarding real estate property management. ``(5) Option for notice of foreclosure prevention counseling availability.-- ``(A) Option.--To be eligible for insurance under this subsection, the mortgagee shall provide mortgagor, at the time of the execution of the mortgage, an optional written agreement which, if signed by the mortgagor, allows, but does not require, the mortgagee to provide notice described in subparagraph (B) to a housing counseling entity that has agreed to provide the notice and counseling required under subparagraph (C) and is approved by the Secretary. ``(B) Notice to counseling agency.-- The notice described in this subparagraph, with respect to a mortgage, is notice, provided at the earliest time practicable after the mortgagor becomes 60 days delinquent with respect to any payment due under the mortgage, that the mortgagor is so delinquent and of how to contact the mortgagor. Such notice may only be provided once with respect to each delinquency period for a mortgage. ``(C) Notice to mortgagor.--Upon notice from a mortgagee that a mortgagor is 60 days delinquent with respect to payments due under the mortgage, the housing counseling entity shall at the earliest time practicable notify the mortgagor of such delinquency, that the entity makes available foreclosure prevention counseling that may assist the mortgagor in resolving the delinquency, and of how to contact the entity to arrange for such counseling. ``(D) Ability to cure.--Failure to provide the optional written agreement required under subparagraph (A) may be corrected by sending such agreement to the mortgagor not later than the earliest time practicable after the mortgagor first becomes 60 days delinquent with respect to payments due under the mortgage. Insurance provided under this subsection may not be terminated and penalties for such failure may not be prospectively or retroactively imposed if such failure is corrected in accordance with this subparagraph. ``(E) Penalties for failure to provide agreement.-- The Secretary may establish and impose appropriate penalties for failure of a mortgagee to provide the optional written agreement required under subparagraph (A). ``(F) Limitation on liability of mortgagee.--A mortgagee shall not incur any liability or penalties for any failure of a housing counseling entity to provide notice under subparagraph (C). ``(G) No private right of action.--This paragraph shall not create any private right of action on behalf of the mortgagor. ``(H) Delinquency period.--For purposes of this paragraph, the term `delinquency period' means, with respect to a mortgage, a period that begins upon the mortgagor becoming delinquent with respect to payments due under the mortgage and ends upon the first subsequent occurrence of such payments under the mortgage becoming current or the property subject to the mortgage being foreclosed or otherwise disposed of. ``(6) Inapplicability of downpayment requirement.--A mortgage insured under this subsection shall not be subject to paragraph (9) of subsection (b) or any other requirement to pay on account of the property, in cash or its equivalent, any amount of the cost of acquisition. ``(7) MMIF monitoring.--In conjunction with the credit subsidy estimation calculated each year pursuant to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary shall review the program performance for mortgages insured under this subsection and make any necessary adjustments, which may include altering mortgage insurance premiums subject to subsection (c)(2), adjusting underwriting standards, and limiting the availability of mortgage insurance under this subsection, to ensure that the Mutual Mortgage Insurance Fund shall continue to generate a negative credit subsidy. ``(8) Underwriting.--For a mortgage to be eligible for insurance under this subsection: ``(A) In general.--The mortgagor's credit and ability to pay the monthly mortgage payments shall have been evaluated using the Federal Housing Administration's Technology Open To Approved Lenders (TOTAL) Mortgage Scorecard, or a similar standardized credit scoring system approved by the Secretary, and in accordance with procedures established by the Secretary. ``(B) Multi-unit properties.--In the case of a mortgage involving a property upon which there is located a dwelling that is designed principally for a 2- or 3-family residence, the mortgagor meets such additional underwriting standards as the Secretary may establish. ``(9) Approval of mortgagees.--To be eligible for insurance under this subsection, a mortgage shall have been made to a mortgagee that meets such criteria as the Secretary shall establish to ensure that mortgagees meet appropriate standards for participation in the program authorized under this subsection. ``(10) Disclosure of incremental costs.-- ``(A) Required disclosure.--For a mortgage to be eligible for insurance under this subsection, the mortgagee shall provide to the mortgagor, at the time of the application for the loan involved in the mortgage, a written disclosure, as the Secretary shall require, that specifies the effective cost to a mortgagor of borrowing the amount by which the maximum amount that could be borrowed under a mortgage insured under this subsection exceeds the maximum amount that could be borrowed under a mortgage insured under subsection (b), based on average closing costs with respect to such amount, as determined by the Secretary. Such cost shall be expressed as an annual interest rate over the first 5 years of a mortgage. ``(B) Coordination.--The disclosure required under this paragraph may be provided in conjunction with the notice required under subsection (f). ``(11) Loss mitigation.-- ``(A) In general.--Upon the default of any mortgage insured under this subsection, the mortgagee shall engage in loss mitigation actions for the purpose of providing an alternative to foreclosure to the same extent as is required of other mortgages insured under this title pursuant to the regulations issued under section 230(a). ``(B) Annual reporting.--Not later than 90 days after the end of each fiscal year, the Secretary shall submit a report to the Congress that compares the rates of default and foreclosure during such fiscal year for mortgages insured under this subsection, for single- family mortgages insured under this title (other than under this subsection), and for mortgages for housing purchased with assistance provided under the downpayment assistance initiative under section 271 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821). ``(12) Additional requirements.--The Secretary may establish any additional requirements for mortgage insurance under this subsection as may be necessary or appropriate. ``(13) Limitation.--The aggregate number of mortgages insured under this subsection in any fiscal year may not exceed 10 percent of the aggregate number of mortgages and loans insured by the Secretary under this title during the preceding fiscal year. ``(14) Program suspension.-- ``(A) In general.--Subject to subparagraph (C), the authority under paragraph (1) to insure mortgages shall be suspended if at any time the claim rate described in subparagraph (B) exceeds 3.5 percent. A suspension under this subparagraph shall remain in effect until such time as such claim rate is 3.5 percent or less. ``(B) FHA total single-family annual claim rate.-- The claim rate described in this subparagraph, for any particular time, is the ratio of the number of claims during the 12 months preceding such time on mortgages on 1- to 4-family residences insured pursuant to this title to the number of mortgages on such residences having such insurance in force at that time. ``(C) Applicability.--A suspension under subparagraph (A) shall not preclude the Secretary from endorsing or insuring any mortgage that was duly executed before the date of such suspension. ``(15) Sunset.--No mortgage may be insured under this subsection after September 30, 2009, except that the Secretary may endorse or insure any mortgage that was duly executed before such date. ``(16) GAO reports.--The Comptroller General of the United States shall submit a report to the Congress not later than 2 years after the date of the enactment of this subsection, and annually thereafter, regarding the performance of mortgages insured under this subsection. ``(17) Implementation.--The Secretary may implement this subsection on an interim basis by issuing an interim rule, except that the Secretary shall solicit public comments upon publication of such interim rule and shall issue a final rule implementing this subsection after consideration of the comments submitted.''. (b) Mortgage Insurance Premiums.--The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by striking ``In'' and inserting ``Except with respect to a mortgage insured under subsection (l), in''. (c) General Insurance Fund.--Section 519(e) of the National Housing Act (12 U.S.C. 1735c(e)) is amended by striking ``and 203(i)'' and inserting ``, 203(i), and 203(l)''.

Zero Downpayment Act of 2004 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure first-time homeowner zero-downpayment mortgages for one-family residences, including one- to three-unit dwellings, condominiums, cooperatives, and manufactured housing. Limits the principal obligation on an insured mortgage to not more than 100 percent of the property's appraised value plus any initial service charges, appraisal, inspection, and other related fees. Requires: (1) independent mortgagor counseling prior to applying for a loan, including specific counseling regarding real estate property management for mortgagors purchasing dwellings with two to three units; and (2) the mortgagee to provide the mortgagor with an option for notice of foreclosure prevention counseling, which shall become effective 60 days after delinquency. Requires: (1) the Secretary to monitor and make adjustments (mortgage premiums and availability and underwriting standards) to such program; (2) mortgagor credit evaluation by the Federal Housing Administration's (FHA) TOTAL Mortgage Scorecard or other standardized credit scoring system; (3) additional underwriting standards for borrowers purchasing two- to three-unit dwellings; and (4) written mortgagee disclosure to the mortgagor of incremental costs. Limits the program to not more than ten percent of the aggregate number of FHA mortgages and loans insured in the preceding fiscal year. Suspends the program if claim rates exceed a certain FHA single-family claim rate. Requires a Government Accountability Office (GAO) program report within two years of enactment of this Act and annually thereafter. Sunsets the program after September 30, 2009.

To authorize the Secretary of Housing and Urban Development to insure zero-downpayment mortgages for one-unit residences.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Predatory Lending Sunset Act''. SEC. 2. COVERED LENDING. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended-- (1) by redesignating the second section 129 (as so designated by section 201(b) of the Helping Families Save Their Homes Act of 2009) as section 129A; and (2) by inserting after section 129A, as so redesignated, the following new section: ``SEC. 129B. COVERED LENDING. ``(a) Maximum Interest Rate.--The maximum interest rate a creditor may charge on a covered loan shall be the rate equal to an annual percentage rate of 36 percent. ``(b) Prohibition on Using Certain Means of Access for Security.-- It shall be unlawful for any creditor to extend a covered loan with respect to which the creditor uses, as security for the obligation or as a condition of extending the credit-- ``(1) a check or other method of access to a deposit, savings, or other financial account maintained by the borrower; or ``(2) the title of a vehicle. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Annual percentage rate.--Notwithstanding the manner described in section 107 for determining the annual percentage rate, the term `annual percentage rate' means all charges payable directly or indirectly incident to, ancillary to, or as a condition of the extension of a covered loan, including-- ``(A) all fees which constitute a finance charge; and ``(B) any other payments, fees or charges, including but not limited to application, membership and administrative fees, compensating a creditor for making the covered loan. ``(2) Covered loan.--The term `covered loan'-- ``(A) means a consumer credit transaction that-- ``(i) is unsecured by any interest in the consumer's personal property; ``(ii) is in an amount that does not exceed $3,000 or, in the case of a line of credit, a credit limit that does not exceed $3,000; ``(iii) in the case of a closed end credit transaction, has a term of 91 days or less; and ``(iv) in the case of an open end credit transaction-- ``(I) has an amortization period of 91 days or less; or ``(II) in the case of a line of credit, the amount due in the first 91 days, including finance charges, fees, service charges, renewals, credit insurance premiums, and any other charge or premium with respect to the extension of credit, exceed 25 percent of the credit limit of the line of credit; and ``(B) does not include a non-recourse extension of credit-- ``(i) extended by a pawn broker creditor; and ``(ii) secured by a possessory security interest in tangible goods physically delivered by the consumer to the pawn broker creditor, for which the consumer does not provide a written or electronic promise, order, or authorization to pay, or in any other manner authorize a debit of a deposit account, prior to or contemporaneously with the disbursement of the original proceeds and the creditor takes no security other than the goods and makes no effort to collect the credit. ``(3) Creditor.--Notwithstanding the definition of the term `creditor' in section 103, the term `creditor'-- ``(A) means a person who makes or offers covered loans; and ``(B) includes-- ``(i) any affiliate of a creditor that offers or makes a covered loan, buys a whole or partial interest in a covered loan, arranges a covered loan for a third party, or acts as an agent for a third party in making a covered loan, regardless of whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party; and ``(ii) any other person or entity that is engaged in a transaction that is in substance a disguised covered loan or a subterfuge for the purpose of avoiding the requirements of this section.''. (b) Closing the Single Payment Loophole.--Section 903(9) of the Electronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by striking ``to recur at substantially regular intervals''. (c) Remotely Created Checks Prohibited.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following new subsection: ``(d) Remotely Created Checks Prohibited.-- ``(1) In general.--No person shall deposit, pay, obtain payment with respect to, or otherwise negotiate a remotely created check. ``(2) Remotely created check defined.--For purposes of this subsection, the term `remotely created check' means a check that-- ``(A) is not created by the financial institution that holds the customer account from which the check is to be paid; and ``(B) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid.''. (d) Treatment of State Law.--No provision of this Act or any amendment made by this Act shall be construed as-- (1) preempting any provision of State law, to the extent that such State law provides greater protection to consumers than is provided under such provision; (2) preventing any State from enacting any provision of law that provides greater protection to consumers than is provided under such provision; (3) authorizing covered loans to be made in a State where they are otherwise not permitted under State law; or (4) authorizing an extension of credit at an annual percentage rate that would be prohibited by applicable State law. (e) Unenforceability of Contracts.--No contract made in violation of this Act or any amendment made by this Act may be enforced with respect to any consumer. (f) Definitions.--For purposes of this Act, the terms ``consumer'' and ``covered loan'' shall have the meaning given those terms under the Truth in Lending Act. (g) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after section 129 the follow new items: ``129A. Duty of servicers of residential mortgages. ``129B. Covered lending.''. (h) Effective Date.--The amendments made by this Act shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act and shall apply to all covered loans initiated on or after such date.

Predatory Lending Sunset Act - Amends the Truth in Lending Act to limit the maximum interest rate which a creditor may charge on a covered consumer credit loan of up to $3,000 to an annual percentage rate (APR) of 36%. Prohibits a creditor from extending a covered loan with respect to which the creditor uses as security either: (1) access to a borrower's financial account; or (2) the title of a vehicle. Amends the Electronic Fund Transfer Act to prohibit a remotely created check that: (1) is not created by the financial institution that holds the customer account from which the check is to be paid; and (2) does not bear a signature applied by the person from whose account the check is to be paid. Declares unenforceable, with respect to any consumer, any contract made in violation of this Act.

To amend the Truth in Lending Act to provide an interest rate cap and other requirements for creditors making covered loans, and for other purposes.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Medicare Medication Therapy Management Services Coverage Act of 2002''. (b) Purpose.--The purpose of this Act is to provide coverage of medication therapy management services under the medicare program for beneficiaries at risk for potential medication problems, such as beneficiaries taking multiple medications and beneficiaries with complex or chronic medical conditions. SEC. 2. MEDICARE COVERAGE OF MEDICATION THERAPY MANAGEMENT SERVICES FOR CERTAIN HIGH-RISK PATIENTS. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (U); (B) by adding ``and'' at the end of subparagraph (V); and (C) by adding at the end the following new subparagraph: ``(W) medication therapy management services (as defined in subsection (ww)(1)(A)) for individuals who are receiving medication for a condition and are otherwise determined to be at high risk (as defined by the Secretary), and including disease specific management services for individuals who are receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for such other chronic diseases as the Secretary may specify;''; (2) by adding at the end the following new subsection: ``Medication Therapy Management Services; Qualified Pharmacist ``(ww)(1)(A) The term `medication therapy management services' means-- ``(i) services or programs furnished by a qualified pharmacist in an eligible State which are designed-- ``(I) to assure that medications are used appropriately by individuals; ``(II) to enhance individuals' understanding of the appropriate use of medications; ``(III) to increase individuals' compliance with prescription medication regimens; ``(IV) to reduce the risk of potential adverse events associated with medications; and ``(V) to reduce the need for other costly medical services through better management of medication therapy; and ``(ii) services provided by qualified pharmacists in collaboration with physicians and other health care professionals when necessary, involving case management, disease management, patient training and education, medication refill reminders, medication therapy problem resolution, laboratory testing conducted to monitor medication therapy, other services of qualified pharmacists that enhance the use of prescription medications, and such other professional services of qualified pharmacists, consistent with the scope of the practice of pharmacy as defined by applicable State law or regulation. ``(B) The term `disease specific management services' means medication therapy management services provided to individuals who are receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for such other chronic diseases as the Secretary may specify, only pursuant to a protocol with the individual's treating physician under which the qualified pharmacist may initiate or modify the medication therapy, and carry out such additional medication therapy management services as is provided under State law or regulation, as permitted under the protocol. ``(C) Covered medication therapy management services are covered under this title only if they are documented and shared with the appropriate physician and other health care providers (as established under a reporting system developed by State Boards of Pharmacy). ``(2) The term `qualified pharmacist' means an individual who-- ``(A) is a licensed pharmacist in good standing with the State Board of Pharmacy; ``(B) with respect only to the provision of disease specific management services, is currently certified by a nationally recognized licensed certification or credentialing program to furnish medication management therapy services for the diseases referred to in paragraph (1)(B); and ``(C) has a separate, private consultation area in which to provide covered. ``(3) The term `eligible State' means a State that meets such criteria as the Secretary may establish for the licensing or credentialing of qualified pharmacists for the provision of medication therapy management services in the State, and shall include a State that is eligible for payments under title XIX for the provision of such services under the State plan.''; and (3) in subsection (aa)(6), by inserting ``(or, with respect to subsection (ww)(1)(B), a qualified pharmacist)'' after ``nurse practitioner'' and by inserting ``(or pharmacist's)'' after ``practitioner's''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) in subsection (a)(1)-- (i) by striking ``and'' before ``(U)''; and (ii) by inserting before the semicolon at the end the following: ``, and (V) with respect to covered medication therapy management services (as defined in section 1861(ww)(1)), the amounts paid shall be 80 percent of the lesser of the actual charge or the amounts specified under the fee schedule developed under subsection (p)''; and (B) by inserting after subsection (o) the following new subsection: ``(p) With respect to medication therapy management services (as defined in section 1861(ww)(1)), the Secretary shall establish a fee schedule-- ``(1) under which payments are based on an encounter and increase in 15 minute increments; and ``(2) in which, in order to be paid for a 15-minute increment, the majority of the time be spent by the qualified pharmacist in providing covered services.''. (2) Application of balance billing limitations.--Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A qualified pharmacist (as defined in section 1861(ww)(2)).''. (3) Report to congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on fee schedule developed under section 1834(p) of the Social Security Act (as added by paragraph (1)) for covered medication therapy management services under part B of the medicare program. (c) Program Operation.-- (1) Development in consultation with pharmacy organizations.--The Secretary of Health and Human Services shall carry out the amendments made by this section in cooperation with organizations representing qualified pharmacists, including-- (A) identifying medication therapy management services that will be covered; and (B) establishing payment mechanisms for such services. (2) Ongoing evaluation.--The Secretary shall provide for an ongoing evaluation and documentation of the provision of medication therapy management services under such amendment in improving quality of care and reducing health care costs. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2004.

Medicare Medication Therapy Management Services Coverage Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medication therapy management services for certain patients at high risk for potential medication problems, including: (1) beneficiaries taking multiple medications; (2) beneficiaries with complex or chronic medical conditions; and (3) individuals receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for other chronic diseases the Secretary may specify.

To amend title XVIII of the Social Security Act to provide for coverage of medication therapy management services, including disease specific management services, for certain high-risk patients under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Academy Opportunity Act''. SEC. 2. ACADEMY NOMINATIONS. (a) Appointment.--Subsection (a) of section 182 of title 14, United States Code, is amended to read as follows: ``(a) Nominations.-- ``(1) Congressional nominations.-- ``(A) Appointment requirement.--Half of each incoming class of the Academy shall be composed of cadets nominated by the following: ``(i) The Vice President or, if there is no Vice President, by the President pro tempore of the Senate. ``(ii) A Senator. ``(iii) A Member of the House of Representatives. ``(iv) The Delegate to Congress from the District of Columbia, the Delegate to Congress from the Virgin Islands, the Resident Commissioner from Puerto Rico, the Delegate to Congress from Guam, the Delegate to Congress from American Samoa, or the Delegate to Congress from the Commonwealth of the Northern Mariana Islands. ``(B) Nominees.--Each Senator, Member of the House of Representatives, and Delegate to Congress, including such Resident Commissioner, is entitled to nominate 3 persons each year. Cadets who do not graduate on time shall not count against the allocations pursuant to clauses (i) through (iv) of subparagraph (A). ``(2) Qualification requirements.--An individual shall be qualified for nomination, selection, and appointment as a cadet at the Academy only if the individual-- ``(A) is a citizen or national of the United States; and ``(B) meets such minimum requirements that the Secretary may establish. ``(3) Nomination information.--The Superintendent shall furnish to any Member of Congress, upon the written request of such Member, the name of the Member of Congress or other nominating authority responsible for the nomination of any named or identified person for appointment to the Academy.''. (b) Application.--The amendment made by subsection (a)-- (1) shall apply beginning with academic program year 2017, subject to subsection (c), and with respect to each academic program year thereafter; and (2) shall not affect the application of section 182 of title 14, United States Code, as in effect before the enactment of this section, with respect to appointment of cadets who will matriculate to the Coast Guard Academy before such academic program year. (c) Transition.-- (1) Nominations.--Notwithstanding the amendment made by subsection (a), with respect to the nomination of individuals pursuant to section 182 of title 14, United States Code, as amended by such subsection, who will matriculate to the Coast Guard Academy in academic program year 2017, not less than 25 percent of the class shall be from nominations made pursuant to clauses (i) through (iv) of subsection (a)(1)(A) of such section 182 (as amended by subsection (a) of this section). (2) Additional action.--The Secretary (as that term is used in that section) may take any additional action the Secretary believes necessary and proper to provide for the transition to the nomination, selection, and appointment process provided under this section. SEC. 3. COMPREHENSIVE STRATEGY. (a) Strategy Required.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890B. COMPREHENSIVE STRATEGY FOR COAST GUARD OUTREACH AND RECRUITMENT. ``(a) Comprehensive Strategy Required.--The Secretary, acting through the Chief Human Capital Officer, shall issue a comprehensive strategy to improve outreach and recruitment to attract candidates to the Coast Guard Academy. ``(b) Implementation.--The Commandant of the Coast Guard, or the Commandant's designee, in consultation with the Chief Human Capital Officer, shall implement the strategy issued under subsection (a). ``(c) Annual Report.--Beginning in 2017 and annually thereafter, the Commandant of the Coast Guard, in consultation with the Chief Human Capital Officer, shall provide a report to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes-- ``(1) general information on implementation of the comprehensive strategy required by this section; ``(2) specific information on Coast Guard outreach and recruitment activities for the preceding year; and ``(3) enrollment information about the incoming class that, to the extent practicable, includes information on age, gender, ethnicity, religion, and State of residence.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 890B. Comprehensive strategy for Coast Guard outreach and recruitment.''. (c) GAO Review.--Not later than 1 year after the date of the issuance of the comprehensive strategy required by the amendment made by subsection (a), the Comptroller General of the United States shall report to the Congress on implementation of the comprehensive strategy and the extent to which such activities are effective at reaching a broad population of potentially qualified Academy applicants.

Coast Guard Academy Opportunity Act Modifies the Coast Guard Academy cadet nomination process by requiring that half of each incoming class be composed of cadets nominated by: (1) the Vice President or, if there is no Vice President, the President pro tempore of the Senate; (2) a Senator; (3) a Member of the House of Representatives; and (4) the various delegates to Congress, including the Resident Commissioner from Puerto Rico. Entitles each Senator, House Member, Delegate, and Resident Commissioner to nominate three persons each year. Requires nominees to be citizens or nationals of the United States and meet any minimum requirements established by the Secretary of the respective department in which the Coast Guard is operating. Directs the Academy to furnish any Member of Congress, upon written request, the name of the nominating authority responsible for the nomination of any named or identified person for appointment to the Academy. Amends the Homeland Security Act of 2002 to direct the Department of Homeland Security, acting through the Chief Human Capital Officer, to issue a comprehensive strategy to improve outreach and recruitment to attract candidates to the Academy.

Coast Guard Academy Opportunity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2011''. SEC. 2. FINDINGS. Congress finds as follows: (1) An estimated 12,400 children and adolescents under age 20 are diagnosed with cancer each year. (2) In 1960, only 4 percent of children with cancer survived more than 5 years, but by 2011, cure rates have increased to 78 percent for children and adolescents under age 20. (3) The population of survivors of childhood cancers has grown dramatically, to more than 300,000 individuals of all ages as of 2007. (4) As many as \2/3\ of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as \1/4\ experiencing a late effect that is serious or life-threatening. The most common late effects of childhood cancer are neurocognitive, psychological, cardiopulmonary, endocrine, and musculoskeletal effects and secondary malignancies. (5) The late effects of cancer treatment may change as treatments evolve, which means that the monitoring and treatment of cancer survivors may need to be modified on a routine basis. (6) The Institute of Medicine, in its reports on cancer survivorship entitled ``Childhood Cancer Survivorship: Improving Care and Quality of Life'', states that an organized system of care and a method of care for pediatric cancer survivors is needed. SEC. 3. CANCER SURVIVORSHIP PROGRAMS. (a) Cancer Survivorship Programs.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417G. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE FOR PEDIATRIC CANCER SURVIVORS. ``(a) In General.--The Secretary may make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a medical school; ``(2) a children's hospital; ``(3) a cancer center; or ``(4) any other entity with significant experience and expertise in treating survivors of childhood cancers. ``(c) Use of Funds.--The Secretary may make a grant under this section to an eligible entity only if the entity agrees-- ``(1) to use the grant to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and ``(2) in developing, studying, and evaluating such systems, to give special emphasis to-- ``(A) the design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs); ``(B) the development of various models for providing multidisciplinary care; ``(C) the dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families; ``(D) the development of support programs to improve the quality of life of cancer survivors; ``(E) the design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care); ``(F) the dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) to cancer survivors and their families, where appropriate; and ``(G) the development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals. ``(d) Funding.--For each of fiscal years 2013 through 2017, the Secretary may transfer out of funds otherwise appropriated to the Department of Health and Human Services for a fiscal year the amount necessary to carry out this section. ``SEC. 417G-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL AND PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER SURVIVORS. ``(a) In General.--Not later than 1 year after the date of enactment of the Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2011, the Secretary may convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer Survivors (referred to in this paragraph as the `Collaborative'). The Collaborative shall be a cross- specialty, multidisciplinary group composed of educators, consumer and family advocates, and providers of psychosocial and biomedical health services. ``(b) Goals and Reports.--The Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development: ``(1) Identifying, refining, and broadly disseminating to healthcare educators information about workforce competencies, models, and preservices curricula relevant to providing medical and psychosocial services to individuals with pediatric cancers. ``(2) Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches. ``(3) Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies. ``(4) Strengthening the emphasis on psychosocial healthcare in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations. ``(5) Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. ``(6) Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors. ``(c) Funding.--For each of fiscal years 2013 through 2017, the Secretary may transfer out of funds otherwise appropriated to the Department of Health and Human Services for a fiscal year the amount necessary to carry out this section.''. (b) Technical Amendment.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``section 419C'' and inserting ``section 417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107-172; 116 Stat. 541). SEC. 4. GRANTS TO IMPROVE CARE FOR PEDIATRIC CANCER SURVIVORS. Section 417E of the Public Health Service Act (42 U.S.C. 285a-11) is amended-- (1) in the heading, by striking ``research and awareness'' and inserting ``research, awareness, and survivorship''; (2) in subsection (a)-- (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: ``(2) Research on causes of health disparities in pediatric cancer survivorship.-- ``(A) Grants.--The Director of NIH, acting through the Director of the Institute, in coordination with ongoing research activities, may make grants to entities to conduct research relating to-- ``(i) needs and outcomes of pediatric cancer survivors within minority or other medically underserved populations; ``(ii) health disparities in pediatric cancer survivorship outcomes within minority or other medically underserved populations; ``(iii) barriers that pediatric cancer survivors within minority or other medically underserved populations face in receiving follow-up care; and ``(iv) familial, socioeconomic, and other environmental factors and the impact of such factors on treatment outcomes and survivorship. ``(B) Balanced approach.--In making grants for research under subparagraph (A)(i) on pediatric cancer survivors within minority or other medically underserved populations, the Director of NIH shall ensure that such research addresses both the physical and the psychological needs of such survivors. ``(3) Research on late effects and follow-up care for pediatric cancer survivors.--The Director of NIH, in coordination with ongoing research activities, shall conduct or support research on follow-up care for pediatric cancer survivors, with special emphasis given to-- ``(A) the development of indicators used for long- term patient tracking and analysis of the late effects of cancer treatment for pediatric cancer survivors; ``(B) the identification of risk factors associated with the late effects of cancer treatment; ``(C) the identification of predictors of neurocognitive and psychosocial outcomes; ``(D) initiatives to protect cancer survivors from the late effects of cancer treatment; ``(E) transitions in care for pediatric cancer survivors; ``(F) training of professionals to provide linguistically and culturally competent follow-up care to pediatric cancer survivors; and ``(G) different models of follow-up care.''; and (3) in subsection (d), by striking ``2013'' and inserting ``2017''.

Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2011 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Authorizes the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to individuals with pediatric cancers; (2) adapting curricula for continuing education of the existing workforce; and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification. Reauthorizes and expands the National Cancer Institute's pediatric cancer research and awareness program to include research onfollow-up care for pediatric cancer survivors. Authorizes the Director of the National Institutes of Health (NIH) to make grants for pediatric cancer research, including research related to: (1) pediatric cancer survivors within minority or other medically underserved populations, and (2) health disparities in pediatric cancer survivorship outcomes.

A bill to improve and enhance research and programs on childhood cancer survivorship, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The United States Call Center Worker and Consumer Protection Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means a Federal or State executive agency or a military department. (2) Business entity.--The term ``business entity'' means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States. (3) Call center.--The term ``call center'' means a facility or other operation whereby employees receive incoming telephone calls, emails, or other electronic communication for the purpose of providing customer assistance or other service. (4) Consumer.--The term ``consumer'' means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual's household. (5) Customer service communication.--The term ``customer service communication'' means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce. (6) Employer.--The term ``employer'' means any business enterprise that employs in a call center-- (A) 50 or more employees, excluding part-time employees; or (B) 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of hours of overtime). (7) Part-time employee.--the term ``part-time employee'' means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (8) Relocating and relocation.--The terms ``relocating'' and ``relocation'' refer to the closure of a call center, or the cessation of operations of a call center, or 1 or more facilities or operating units within a call center comprising at least 30 percent of the call center's, or operating unit's, total volume when measured against the previous 12-month average call volume of operations or substantially similar operations to a location outside of the United States. (9) Secretary.--The term ``Secretary'' means the Secretary of Labor. (10) Telecommunication.--The term ``telecommunication'' means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received. (11) Wire communication and communication by wire.--The term ``wire communication'' or ``communication by wire'' means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. SEC. 3. LIST OF CALL CENTERS RELOCATING OVERSEAS AND INELIGIBILITY FOR GRANTS OR GUARANTEED LOANS. (a) List.-- (1) Notice requirement.-- (A) In general.--Not fewer than 120 days before relocating a call center to a location outside of the United States, an employer shall notify the Secretary of such relocation. (B) Penalty.--A person who violates subparagraph (A) shall be subject to a civil penalty not to exceed $10,000 for each day of violation. (2) Establishment and maintenance of list.-- (A) In general.--The Secretary shall establish, maintain, and make available to the public a list of all employers who relocate a call center as described in paragraph (1)(A). (B) Term.--Each employer included in the list required by subparagraph (A) shall remain on the list for a period not to exceed 3 years after each instance of relocating a call center. (C) Removal.--The Secretary may remove an employer from the list required by subparagraph (A) if the Secretary determines that the employer has relocated a call center from a location outside of the United States to a location in the United States. (b) Ineligibility for Grants or Guaranteed Loans.-- (1) Ineligibility.--Except as provided in subsection (b) and notwithstanding any other provision of law, an employer who appears on the list required by subsection (a)(2)(A) shall be ineligible for any direct or indirect Federal grants or Federal guaranteed loans for 5 years after the date such employer was added to the list. (2) Exceptions.--The Secretary, in consultation with the appropriate agency providing a loan or grant, may waive the eligibility restriction provided under subsection (a) if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would-- (A) threaten national security; (B) result in substantial job loss in the United States; or (C) harm the environment. (c) Preference in Federal Contracting for Not Relocating a Call Center Overseas.--The head of an agency, when awarding a civilian or defense-related contract, shall give preference to a United States employer that does not appear on the list required by subsection (a)(2)(A). (d) Effective Date.--This section shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 4. RULE OF CONSTRUCTION RELATED TO FEDERAL BENEFITS FOR WORKERS. No provision of section 3 shall be construed to permit withholding or denial of payments, compensation, or benefits under any provision of Federal law (including Federal unemployment compensation, disability payments, or worker retraining or readjustment funds) to workers employed by employers that relocate operations outside the United States. SEC. 5. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER SERVICE COMMUNICATIONS OF PHYSICAL LOCATION. (a) In General.--Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received. (b) Exceptions.-- (1) Business entities located in the united states.--The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (2) Communication initiated by consumer knowingly to foreign entity or address.--The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if-- (A) the customer service communication was initiated by the consumer; (B) the employee or agent is physically located outside the United States; and (C) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (3) Emergency services.--The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (4) Business entities and customer service communications excluded by federal trade commission.--The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (c) Transfer to U.S.-Based Customer Service Center.--A business entity that is subject to the requirements of subsection (a) shall, at the request of a customer, transfer the customer to a customer service agent who is physically located in the United States. (d) Certification Requirement.--Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsections (a) and (c). (e) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this section. (f) Effective Date.--The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act. SEC. 6. ENFORCEMENT. (a) In General.--Any failure to comply with the provisions of section 5 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Federal Trade Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating section 5 and any regulation promulgated thereunder, 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. (2) Penalties.--Any person who violates regulations promulgated under section 5 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act. (c) Authority Preserved.--Nothing in this section or section 5 shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

United States Call Center Worker and Consumer Protection Act of 2012 - Requires a business enterprise that employs 50 or more employees, excluding part-time employees, or 50 or more employees who in the aggregate work at least 1,500 hours per week, exclusive of overtime, in a call center to notify the Secretary of Labor at least 120 days before relocating such center outside of the United States. Subjects violators to a civil penalty of up to $10,000 a day. Directs the Secretary to establish, maintain, and make publicly available a list of all such employers that relocate a call center. Authorizes the Secretary to remove from the list an employer that has relocated the call center from a location outside the United States to a location inside the United States. Requires such an employer to remain on the list for up to three years after each relocation. Makes such an employer ineligible for federal grants or federal guaranteed loans for five years after being added to the list, except where the employer demonstrates that a lack of such loan or grant would threaten national security, result in substantial job loss in the United States, or harm the environment. Requires the head of federal or state executive agency or military department, when awarding a civilian or defense-related contract, to give preference to a U.S. employer that does not appear on the list. Requires a business entity that initiates or receives a customer service communication to require each of its employees or agents participating in the communication to disclose their physical location at the beginning of each such communication unless all involved employees or agents are located in the United States. Exempts any communication: (1) initiated by a consumer if the consumer knows or reasonably should know that the employee or agent is located outside the United States, or (2) related to the provision of emergency services. Requires such a business entity, upon request, to transfer a customer to a customer service agent who is physically located in the United States. Authorizes the Federal Trade Commission (FTC) to exclude certain classes or types of business entities or customer services communications from the requirements of this Act under exceptionally compelling circumstances. Sets forth enforcement provisions.

A bill to require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fossil Creek Wild and Scenic River Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the restoration of stream flow to Fossil Creek resulting from the decommissioning of the Childs-Irving Hydroelectric Project by the Arizona Public Service Company is a demonstration of remarkable corporate stewardship resulting in the rebirth of a river; (2) the spring-fed waters of Fossil Creek are exceptional for central Arizona and the travertine geological formations are rarely found anywhere in the United States; (3) the restoration of stream flow to Fossil Creek will provide riparian habitat for native fish, birds, plants, mammals, amphibians, and reptiles; (4) the Yavapai-Apache Nation considers Fossil Creek to be a sacred place, with significant spiritual and cultural values; (5) the Verde River, into which Fossil Creek flows, has previously been added to the National Wild and Scenic Rivers System; (6) the Northern Arizona University has invested significant resources in studying the restoration of Fossil Creek and the unique geological, hydrological, and biological characteristics of Fossil Creek; (7) State and Federal land and resource management agencies have invested significant resources in restoring the native fish populations of Fossil Creek through barrier construction and stream renovation activities; (8) the Fossil Creek watershed will continue to provide opportunities for hiking, swimming, camping, horseback riding, wildlife viewing, hunting, and livestock grazing; (9) the Forest Service has determined that Fossil Creek is eligible for inclusion into the National Wild and Scenic Rivers System based on the free-flowing condition and outstandingly remarkable geology, ecology, fish, wildlife, cultural, and scenic values of the creek; and (10) this reborn river deserves long-term protection secured by a sustainable management plan that recognizes and maintains the remarkable values of the Fossil Creek area. SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by redesignating the last paragraph (relating to the White Salmon River, Washington) as paragraph (167); and (2) by adding at the end the following: ``(168) Fossil creek, arizona.-- ``(A) Upper fossil creek.--From the source at Fossil Springs below Sand Rock and Calf Pen Canyons to where the water leaves the Fossil Spring Wilderness Area, as a wild river. ``(B) Middle fossil creek.--From the border of the Fossil Spring Wilderness Area to the Mazatzal Wilderness Boundary, as a scenic river. ``(C) Segment.--The 6.6 miles from the Mazatzal Wilderness Boundary down to the confluence with the Verde River, as a wild river.''. SEC. 4. MANAGEMENT OF RIVER SEGMENTS. The Secretary of Agriculture shall-- (1) manage the river segments designated in section 3; and (2) submit a river management plan for the designated segments to Congress not later than 2 years after the date of enactment of this Act. SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES. (a) Arizona Public Service Company.--Without further consultation under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), Arizona Public Service Company, the former licensee for the Childs- Irving Hydroelectric Project (FERC project number 2069), may conduct project decommissioning and restoration activities agreed to in the surrender application and relevant docketed filings with the Federal Energy Regulatory Commission. (b) Federal and State Agencies.--Any Federal or State agency may conduct stream restoration and barrier maintenance activities in accordance with the environmental assessment and finding of no significant impact for the Fossil Creek Native Fish Restoration Project dated 2004. SEC. 6. STREAM MONITORING. Notwithstanding the amendment made by section 3, the United States Geological Survey or any permittee of the Forest Service may undertake any necessary activities, including access by any existing road, to install, operate, maintain, or otherwise manage 1 or more stream flow gauges on Fossil Creek in cooperation with the Forest Service for the purpose of monitoring and collecting stream flow and other water resource information. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary for each fiscal year-- (1) to prepare management plans for all river segments designated as wild or scenic rivers under section 3 not later than 2 years after the date of designation, in accordance with section 3(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)(1)); (2) to fund a river ranger to oversee Fossil Creek; and (3) to otherwise carry out this Act.

Fossil Creek Wild and Scenic River Act of 2005 - Amends the Wild and Scenic Rivers Act to designate specified segments of Fossil Creek, a tributary to the Verde River in Arizona, as components of the national wild and scenic rivers system. Requires the Secretary of Agriculture to submit a river management plan for the designated segments.

A bill to designate segments of Fossil Creek, a tributary to the Verde River in the State of Arizona, as wild and scenic rivers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperless Enrollment for School Meals Act of 2009''. SEC. 2. DATA-BASED ELIGIBILITY FOR SCHOOL MEALS PROGRAMS. (a) Eligibility.--Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: ``(F) Data-based eligibility.-- ``(i) In general.--A school or local educational agency may elect to receive special assistance payments under clause (ii) in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if the school or local educational agency-- ``(I) elects to serve all children in the school or local educational agency free lunches and breakfasts under the school lunch program and school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), during a period of 5 successive school years; and ``(II) pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ``(ii) Alternative data sources.--Subject to criteria established by the Secretary not later than December 31, 2010, special assistance payments under clause (i) may be based on an estimate of the number of children eligible for free and reduced price lunches under section 9(b)(1)(A) derived from recent data other than applications, including-- ``(I) a socioeconomic survey of a representative sample of households of students, which may exclude students who have been directly certified under paragraphs (4) and (5) of section 9(b); ``(II) data from the American Community Survey of the Bureau of the Census; ``(III) data on receipt of income- tested public benefits by students or the households of students or income data collected by public benefit programs, including-- ``(aa) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); ``(bb) the medical assistance program under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); ``(cc) the supplemental security income program established under title XVI of that Act (42 U.S.C. 1381 et seq.); and ``(dd) the program of block grants to States for temporary assistance for needy families established under part A of title IV of that Act (42 U.S.C. 601 et seq.); or ``(IV) other data, including State or local survey data and State or local tax records. ``(iii) Payments.-- ``(I) Free meals.--For each month of the period during which a school or local educational agency described in clause (i) serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate for free meals shall be made for a percentage of all reimbursable meals served that is equal to the percentage of students estimated to be eligible for free meals. ``(II) Reduced price meals.--For each month of the period during which the school or local educational agency serves free lunches or breakfasts to all enrolled children, special assistance payments at the rate for reduced price meals shall be made for a percentage of all reimbursable meals served that is equal to the percentage of students estimated to be eligible for reduced price meals. ``(III) Other meals.--For each month of the period during which the school or local educational agency serves free lunches or breakfasts to all enrolled children, food assistance payments at the rate provided under section 4 shall be made for the remainder of the reimbursable meals served. ``(iv) Renewals.-- ``(I) In general.--A school or local educational agency described in clause (i) may reapply to the Secretary at the end of the period described in clause (i), and at the end of each period thereafter for which the school or local educational agency receives reimbursements and assistance under this subparagraph, for the purpose of continuing to receive the reimbursements and assistance for a subsequent 5-school-year period. ``(II) Approval.--The Secretary shall approve an application under this clause if available socioeconomic data demonstrate that the income level of the population of the school or local educational agency has remained consistent with or below the income level of the population of the school or local educational agency in the last year in which reimbursement rates were determined under clause (ii). ``(III) Data.--Not later than December 31, 2010, the Secretary shall establish criteria regarding the socioeconomic data that may be used when applying for a renewal of the special assistance payments for a subsequent 5-school-year period. ``(G) High-poverty areas.-- ``(i) In general.--A school or local educational agency may elect to receive special assistance payments under clause (ii) in lieu of special assistance payments otherwise made available under this paragraph based on applications for free and reduced price lunches if the school or local educational agency-- ``(I) during a period of 2 successive school years, elects to serve all children in the school or local educational agency free lunches and breakfasts under the school lunch program under this Act and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); ``(II) pays, from sources other than Federal funds, the costs of serving the lunches or breakfasts that are in excess of the value of assistance received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); and ``(III)(aa) for a local educational agency, for the prior school year, directly certified under paragraphs (4) and (5) of section 9(b) at least 50 percent of the enrolled students; ``(bb) for a school, for the prior school year, directly certified under paragraphs (4) and (5) of section 9(b) at least 60 percent of the enrolled students; or ``(cc) for a school or local educational agency that received payments under this subparagraph for the prior school year, directly certifies under paragraphs (4) and (5) of section 9(b) at least 40 or 50 percent, respectively, of the enrolled students. ``(ii) Payments.-- ``(I) In general.--For each month of the school year, special assistance payments at the rate for free meals shall be made under this subparagraph for a percentage of all reimbursable meals served in an amount equal to the product obtained by multiplying-- ``(aa) 1.5; by ``(bb) the percentage of students directly certified under paragraphs (4) and (5) of section 9(b), up to a maximum of 100 percent. ``(II) Other meals.--The percentage of meals served that is not described in subclause (I) shall be reimbursed at the rate provided under section 4. ``(iii) Election of option.-- ``(I) In general.--Any school or local educational agency eligible for the option under clause (i) may elect to receive special assistance payments under clause (ii) for the next school year if the school or local educational agency provides to the State agency evidence of the percentage of students directly certified not later than June 30 of the current school year. ``(II) State agency notification.-- Not later than May 1 of each school year, each State agency shall notify-- ``(aa) any local educational agency that appears, based on reported verification summary data, to have directly certified at least 50 percent of the enrolled students for the current school year, that the local educational agency may be eligible to elect to receive special assistance payments under clause (ii) for the next school year and explain the procedures for the local educational agency to make such an election; and ``(bb) any local educational agency that appears, based on reported verification summary data, to have directly certified at least 40 percent of the enrolled students for the current school year, that the local educational agency may become eligible to elect to receive special assistance payments under clause (ii) for a future school year if the local educational agency directly certifies at least 50 percent of the enrolled students. ``(III) Local educational agency notification.--Not later than May 1 of each school year, each local educational agency shall notify-- ``(aa) any school that directly certified at least 60 percent of the enrolled students for the current school year, that the school is eligible to elect to receive special assistance payments under clause (ii) for the next school year and explain the procedures for the school to make such an election; and ``(bb) any school that directly certified at least 50 percent of the enrolled students for the current school year, that the school may become eligible to elect to receive special assistance payments under clause (ii) for a future school year if the school directly certifies at least 60 percent of the enrolled students. ``(IV) Procedures.--Not later than December 31, 2010, the Secretary shall establish procedures for State agencies, local educational agencies, and schools to exercise the options provided under this clause.''. (b) Conforming Amendments.--Section 11(a)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(B)) is amended by striking ``or (E)'' and inserting ``(E), (F), or (G)''.

Paperless Enrollment for School Meals Act of 2009 - Amends the Richard B. Russell National School Lunch Act to allow schools and local educational agencies (LEAs) to receive special assistance payments for free or reduced price meals under the school lunch or breakfast programs that are based not on applications for such meals, but on estimates of the number of children eligible for such meals. Requires such estimates to be derived from recent data, such as survey, welfare, or tax data. Permits schools and LEAs from high poverty areas to receive special assistance payments for free or reduced price meals that are not based on applications, if they directly certify a specified minimum percentage of their students as eligible for free meals due to such students' eligibility for certain other public assistance. Reimburses such schools and LEAs pursuant to a formula that factors in the percentage of students directly certified as eligible for free meals. Requires schools and LEAs reimbursed on the basis of estimates or certifications to provide free meals to all their students under the school lunch and breakfast programs and cover, from nonfederal sources, the costs of serving such meals that exceed the assistance received under such programs.

To amend the Richard B. Russell National School Lunch Act to improve paperless enrollment and efficiency for the national school lunch and school breakfast programs, and for other purposes.

SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking ``paragraph (2)'' and inserting ``paragraph (1)''; and (2) by striking ``signing the contract,'' and all that follows through the period at the end and inserting the following: ``signing the contract, the following requirements are met: ``(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. ``(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- ``(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and ``(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. ``(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.''. (b) Department of Energy Study.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study, with opportunity for public comment-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to congress.--At the conclusion of the study, the Secretary shall submit to Congress a report on the results of the study. (c) Creation and Maintenance of Databases.-- (1) In general.--Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary, in coordination with other relevant agencies shall, to carry out the purpose described in paragraph (2)-- (A) assess existing databases; and (B) as necessary-- (i) modify and maintain existing databases; or (ii) create and maintain a new database platform. (2) Purpose.--The maintenance of existing databases or creation of a new database platform under paragraph (1) shall be for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) buildings that have received energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, in an anonymous form, unless the owner provides otherwise. (d) Competitive Awards.--Based on the results of the research for the portion of the study described in subsection (b)(1)(A)(ii), and with criteria developed following public notice and comment, the Secretary may make competitive awards to utilities, utility regulators, and utility partners to develop and implement effective and promising programs to provide aggregated whole building energy consumption information to multitenant building owners. (e) Input From Stakeholders.--The Secretary shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (f) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the progress made in complying with this section. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to remain available until expended.

Amends the Energy Independence and Security Act of 2007 to revise exceptions to the requirement that federal agencies must lease space in buildings that have earned the Energy Star label. Requires a space leased by an agency in a building that has not earned the Energy Star label to be benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure. Exempts from such requirement a space for which owners cannot access whole building utility consumption data. Requires an agency that is a tenant of a space that has not earned such label to provide to a building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure requirements. Requires the Secretary of Energy (DOE) to study and report on: (1) the impact of state and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings and the impact of programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; and (2) best practice policy approaches that have resulted in the greatest improvements in building energy efficiency. Requires the Secretary to modify and maintain existing databases or create and maintain a new database platform to store and make publicly available energy-related information on commercial and multifamily buildings. Authorizes the Secretary to make awards to utilities, utility regulators, and utility partners to develop and implement programs to provide aggregated whole building energy consumption information to multitenant building owners.

A bill to encourage benchmarking and disclosure of energy information for commercial buildings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Nevada Public Land Management Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Bureau of Land Management has extensive land ownership in small and large parcels interspersed with or adjacent to private land in the Las Vegas Valley, Nevada, making many of these parcels difficult to manage and more appropriate for disposal. (2) The ad hoc disposal of Federal land by the Bureau of Land Management has significantly contributed to growth in the Las Vegas Valley, imposing substantial costs on local government. (3) In order to promote responsible and orderly development in the Las Vagas Valley, certain of those Federal lands should be sold by the Federal Government based on recommendations made by local government and the public. (4) The value of Federal lands in the Las Vegas Valley is enhanced by local infrastructure improvements which are paid for by local government. (5) The Las Vegas metropolitan area is the fastest growing urban area in the United States, which is causing significant impacts upon the Lake Mead National Recreation Area, the Red Rock Canyon National Conservation Area, and the Spring Mountains National Recreation Area, which surround the Las Vegas Valley. (b) Purpose.--The purpose of this Act is to provide for the orderly disposal of certain Federal lands in Clark County, Nevada, and to provide for the acquisition of environmentally sensitive lands in the State of Nevada. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. (3) The term ``unit of local government'' means Clark County, the city of Las Vegas, the city of North Las Vegas, or the city of Henderson; all in the State of Nevada. (4) The term ``Agreement'' means the agreement entitled ``The Interim Cooperative Management Agreement Between The United States Department of the Interior--Bureau of Land Management and Clark County'', dated November 4, 1992. (5) The term ``special account'' means the account in the Treasury of the United States established under section 4(e)(1)(D). SEC. 4. DISPOSAL. (a) Disposal.--Notwithstanding the land use planning requirements contained in sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712), the Secretary, in accordance with this Act, shall by sale or exchange dispose of lands within the boundary of the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada, as generally depicted on the map entitled ``Las Vegas Valley, Nevada, Land Disposal Map'', numbered ______, and dated ______. Such map shall be on file and available for public inspection in the offices of the Director and the Las Vegas District of the Bureau of Land Management. (b) Reservation for Local Public Purposes.-- (1) Election and conveyance to local governments.--Not less than 90 days before the issuance of a patent to lands pursuant to subsection (a), the unit of local government in whose jurisdiction the lands are located may elect to obtain, without consideration, up to 12 percent of the lands for local public purposes. Pursuant to any such election, the Secretary shall convey the elected lands to such unit of the local government. (2) Reverter.--Except as provided by section 7(a), if lands acquired by a unit of local government under paragraph (1) are disposed of by such unit of local government or otherwise cease to be used for local public purposes, such lands shall revert to the United States. Lands revested in the United States under this paragraph shall be offered for disposal in accordance with this Act. (c) Withdrawal.--Subject to valid existing rights, all Federal lands identified in subsection (a) for disposal are withdrawn from location, entry, and patent under the mining laws and from operation under the mineral leasing and geothermal leasing laws. (d) Selection.-- (1) Joint selection required.--The Secretary and the unit of local government in whose jurisdiction lands referred to in subsection (a) are located shall jointly select lands to be offered for sale or exchange under this section. If agreement cannot be reached on joint selection with respect to a parcel of land, the parcel may not be offered for sale or exchange under subsection (a). (2) Offering.--After land has been selected in accordance with this subsection, the Secretary shall make the first offering of land as soon as practicable after the date of enactment of this Act. (e) Disposition of Proceeds.-- (1) Land sales.--Of the gross proceeds of sales of land under this subsection in a fiscal year-- (A) 5 percent shall be paid directly to the State of Nevada for use in the general education program of the State. (B) 25 percent shall be paid directly to the Southern Nevada Water Authority for water treatment and transmission facility infrastructure in Clark County, Nevada. (C) 20 percent shall be paid directly to Clark County, Nevada, for development of parks and trails and for public recreation purposes within the Las Vegas Valley after the adoption of an interlocal agreement among Clark County, the city of Las Vegas, the city of North Las Vegas, and the city of Henderson. (D) The remainder shall be deposited in a special account in the Treasury of the United States for use pursuant to the provisions of paragraphs (2) and (3). Amounts in the special account shall be available to the Secretaries without further appropriation and shall remain available until expended. (2) Land exchanges.--In the case of a land exchange under this section (other than a land exchange described in section 7(a)), the Secretary shall provide direct payments pursuant to paragraphs (1) (A), (B), and (C) from any cash equalization payment made to the Secretary pursuant to the exchange agreement and from the special account. The payments shall be based on the appraised fair market value of the Federal lands to be conveyed in the exchange. (3) Availability of special account.-- (A) In general.--In addition to payments under paragraph (2), amounts deposited in the special account may be expended by the Secretaries, acting jointly, for-- (i) the acquisition of environmentally sensitive land in the State of Nevada in accordance with section 5, with priority given to lands located within Clark County; and (ii) infrastructure needs associated with recreation and resource protection programs at the Lake Mead National Recreation Area, the Red Rock Canyon National Conservation Area and other areas administered by the Bureau of Land Management in Clark County, and the Spring Mountains National Recreation Area. (B) Procedures.--The Secretaries shall jointly develop procedures for the use of the special account that ensure accountability and demonstrated results. (C) Limitation.--Not more than 50 percent of the amounts available to the Secretaries from the special account in any fiscal year (determined without taking into account amounts deposited under subsection (g)(4)) may be used for the purposes described in subparagraph (A)(ii). (f) Investment of Special Account.--All funds deposited as principal in the special account shall earn interest in the amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Such interest shall be added to the principal of the account and expended according to the provisions of subsection e(3). (g) Airport Environs Overlay District Land Transfer.--Upon request of Clark County, Nevada, the Secretary shall transfer to Clark County, Nevada, without consideration, all right, title, and interest of the United States in and to the lands identified in the Agreement, subject to the following: (1) Valid existing rights. (2) Clark County agrees to manage such lands in accordance with the Agreement and with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated pursuant to that section. (3) Clark County agrees that if any of such lands are sold or leased by Clark County, such sale or lease shall contain a limitation which requires uses compatible with the Agreement and such Airport Noise Compatibility Planning provisions. (4) Clark County agrees that if any of such lands are sold or leased by Clark County and are identified on the map referenced in section 2(a) of the Act entitled ``An Act to provide for the orderly disposal of certain Federal lands in Nevada and for the acquisition of certain other lands in the Lake Tahoe Basin, and for other purposes'', approved December 23, 1980 (94 Stat. 3381; commonly known as the ``Santini-Burton Act''), Clark County shall contribute 85 percent of all proceeds from the sale or lease of such lands directly to the special account. Such proceeds shall be used by the Secretary of Agriculture to acquire environmentally sensitive land in the Lake Tahoe Basin pursuant to section 3 of the Santini-Burton Act. The remaining proceeds shall be available for use by the Clark County Department of Aviation for the benefit of airport development, infrastructure, and the Noise Compatibility Program. SEC. 5. ACQUISITIONS. (a) Acquisitions.-- (1) Definition.--For purposes of this subsection, the term ``environmentally sensitive land'' means land or an interest in land, the acquisition of which by the United States would, in the judgment of the Secretary of the Interior or the Secretary of Agriculture-- (A) promote the preservation of natural, scientific, aesthetic, historical, cultural, watershed, wildlife, and other values contributing to public enjoyment and biological diversity; (B) enhance recreational opportunities and public access; (C) provide the opportunity to achieve better management of public land through consolidation of Federal ownership; or (D) otherwise serve the public interest. (2) In general.--After the consultation process has been completed in accordance with paragraph (3), the Secretaries may acquire by donation, purchase with donated or appropriated funds, or exchange environmentally sensitive land and interests in environmentally sensitive land. Lands may not be acquired under this section without the consent of the owner thereof. (3) Consultation.--Before initiating acquisition proceedings for any parcel of land under this subsection, the Secretary of the Interior or the Secretary of Agriculture shall consult with the State of Nevada and with local government within whose jurisdiction the lands are located, including appropriate planning and regulatory agencies, and with other interested persons, concerning the necessity of making the acquisition, the potential impacts on State and local government, and other appropriate aspects of the acquisition. Consultation under this paragraph is in addition to any other consultation required by law. (b) Administration.--On acceptance of title by the United States, land and interests in land acquired under this section that is within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, any other system established by Act of Congress, or any national conservation or national recreation area established by Act of Congress-- (1) shall become part of the unit or area without further action by the Secretary of the Interior or Secretary of Agriculture; and (2) shall be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. (c) Determination of Fair Market Value.--The fair market value of land or an interest in land to be acquired by the Secretary of the Interior or the Secretary of Agriculture under this section shall be determined by an appraisal made under section 206 of the Federal Land Policy and Management Act of 1976. Any such appraisal shall be made without regard to the presence of a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; or''; and (3) by adding at the end the following: ``(H) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act.''. SEC. 6. REPORT. The Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives an annual report on all transactions under this Act. SEC. 7. RECREATION AND PUBLIC PURPOSES ACT. (a) Exchanges.-- (1) In general.--Upon request by a person described in paragraph (2), the Secretary may enter into an exchange of lands pursuant to section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). Exchanges pursuant to the provisions of such section 206 may only be made for lands of equal value, except that with respect to a unit of local government an amount equal to the excess (if any) of the appraised fair market value of lands received by the unit of local government over the appraised fair market value of lands transferred by the unit of local government shall be paid to the Secretary and shall be treated under section 4(e)(1) of this Act as proceeds from the sale of land. For purposes of this subsection, the appraised fair market value of lands to be transferred by a unit of local government shall be determined without regard to the reverter provision of the lease or patent to such lands. (2) Person described.--A person referred to in paragraph (1) is-- (A) a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Act entitled ``An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the ``Recreation and Public Purposes Act''), or (B) a unit of local government making an election under section 4(b)(1). (3) Terms and conditions applicable to lands acquired.-- Land acquired under this section by a grantee described in paragraph (2)(A) shall be subject to the terms and conditions, uses, and acreage limitations of the lease or patent to which the lands transferred by the grantee were subject, including the reverter provisions, under the Recreation and Public Purposes Act. Land acquired under this section by a unit of local government described in paragraph (2)(B) shall be subject to the reversion provisions of section 4(b)(2) of this Act. (b) Water Treatment Facilities.--Notwithstanding any other provision of law, the Secretary shall make land available under the Recreation and Public Purposes Act to the Southern Nevada Water Authority, as identified on the map entitled ``Las Vegas Valley, Nevada, Water Treatment Facilities and Delivery System'', numbered ______, and dated ______. (c) Flood Control.--The Secretary, in consultation with the Army Corps of Engineers and the Clark County Regional Flood Control District, shall make available land in Clark County, Nevada, in accordance with the Recreation and Public Purposes Act for flood control purposes. Such lands shall be made available to the Clark County Regional Flood Control District. (d) Affordable Housing.--The Secretary, in consultation with the Secretary of Housing and Urban Development, shall make available land in the State of Nevada in accordance with the Recreation and Public Purposes Act for affordable housing purposes. Such lands shall be made available only to State or local governmental entities, including local public housing authorities. For the purposes of this subsection, housing shall be considered to be affordable housing if the housing is assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). SEC. 8. BOUNDARY MODIFICATION OF RED ROCK CANYON NATIONAL CONSERVATION AREA. Section 3(a)(2) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is amended to read as follows: ``(2) The conservation area shall consist of approximately ____ acres as generally depicted on the map entitled `Red Rock Canyon National Conservation Area--Proposed Modification', numbered ______, and dated ______.''.

Southern Nevada Public Land Management Act of 1996 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows a unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain, without consideration, up to 12 percent of the lands for local public purposes. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; (3) Clark County, Nevada, for development of parks and trails and for public recreation purpose; and (4) a special account in the Treasury for direct payments where lands are exchanged under this Act and for the acquisition of environmentally sensitive land in Nevada and for infrastructure needs associated with recreation and resource protection programs in Federal areas in Clark County. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions. (Sec. 5) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). (Sec. 7) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Recreation and Public Purposes Act (RPPA) or a unit of local government making an election to obtain land for local public purposes under this Act, to enter into an exchange of lands on an equal value basis. Requires the Secretary: (1) to make land available under the RPPA to the Southern Nevada Water Authority; (2) in consultation with the Army Corps of Engineers and the Clark County Nevada Regional Flood Control District in Nevada, to make land available to the District, in accordance with the RPPA, for flood control purposes; and (3) in consultation with the Secretary of Housing and Urban Development, to make land available in the State of Nevada, in accordance with the RPPA, for affordable housing purposes. Limits availability of such lands to State or local governmental entities, including local public housing authorities. Considers such housing to be affordable housing if it is assisted under the United States Housing Act of 1937. (Sec. 8) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.

Southern Nevada Public Land Management Act of 1996

SECTION 1. FHA-INSURED MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE RESTRUCTURING. (a) OMHAR.--The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in section 571, by inserting ``Federal Housing Administration of the'' after ``within the''; (2) in section 572(a)-- (A) by striking ``President by and with the advice and consent of the Senate'' and inserting ``Secretary of Housing and Urban Development (referred to in this subtitle as the `Secretary')''; and (B) by striking the second sentence; (3) in section 573-- (A) in subsection (b), in the first sentence, by inserting ``the Federal Housing Commissioner and'' before ``the Secretary''; and (B) by striking subsection (d); (4) by repealing sections 576 and 578; and (5) in section 579, by striking ``2001'' each place it appears and inserting ``2004''. (b) Program Changes.--The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in section 514(f)(3)(A), by adding at the end the following: ``If tenant groups, nonprofit organizations, and public entities are determined eligible under section 517(a)(5), such groups, organizations, and entities shall also be eligible under this paragraph.''; (2) in section 524(e), by adding at the end the following: ``(3) Mortgage restructuring and rental assistance sufficiency plans.--Notwithstanding paragraph (1), the owner of the project may request, and the Secretary may consider, mortgage restructuring and rental assistance sufficiency plans to facilitate sales or transfers of properties under this subtitle, subject to an approved plan of action under the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 1715l note) or the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.), which plans shall result in a sale or transfer of those properties.''; (3) in section 512(2)-- (A) in the second sentence, by inserting ``, but does include a project described in section 524(e)(3)'' after ``section 524(e)''; (B) by striking subparagraph (A) and inserting the following: ``(A) in the case of properties described in subparagraph (C) and properties that have rents above a percentage (to be established by the Secretary) of fair market rent, with rents that, on an average per unit or per room basis-- ``(i) exceed the rent of comparable properties in the same market area, as determined by a participating administrative entity or any other independent entity acting on behalf of the Secretary and in accordance with guidelines established by the Secretary; or ``(ii) exceeded the rent of comparable properties in the same market area, as determined by the Secretary, prior to, and notwithstanding, any renewal of project-based assistance under this subtitle;''; (4) in section 517(a)(1)(B), by striking ``no more than the'' and inserting the following: ``not more than the greater of-- ``(i) the full or partial payment of claim made under this subtitle; or ``(ii) the''; (5) in section 513(b), by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and (6) in section 515(c)(1)-- (A) by striking subparagraph (A); (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (C) in subparagraph (A), as redesignated, by inserting ``or'' after the semicolon. SEC. 2. ENHANCED VOUCHERS. Section 8(t)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(1)(B)) is amended by inserting after ``paragraph (10)(A) of subsection (o)'' the following: ``and, if a contract was renewed pursuant to section 514(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), subject to the comparable rent limitations provided in subparagraphs (A) and (B) of section 514(g)(1) of that Act,''. SEC. 3. TECHNICAL CORRECTION. (a) In General.--Section 531(c) of Public Law 106-74 (113 Stat. 1116) is amended by striking ``514(h)'' and inserting ``514(h)(1)''. (b) Retroactive Effect.--The amendment made by subsection (a) shall be deemed to have the same effective date as section 531 of Public Law 106-74.

Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 (Act) to extend the Office of Multifamily Housing Assistance Restructuring. Sites the Office within the Federal Housing Administration of the Department of Housing and Urban Development (HUD). Transfers authority to appoint the Director of the Office from the President to the Secretary of HUD. Revises the multifamily housing mortgage and assistance restructuring program with respect to: (1) tenant groups; (2) mortgage restructuring and rental assistance sufficiency plans to facilitate property transfers; and (3) eligible project rents.Amends the United States Housing Act of 1937 to make enhanced voucher authority under the section 8 rental assistance program subject to certain rent limitations under the Act.

A bill to extend FHA-insured multifamily housing mortgage and housing assistance restructuring authority, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Reform and Compliance Act of 1992''. SEC. 2. APPLICATION OF LAWS RELATING TO PART-TIME CAREER EMPLOYEES. Notwithstanding any other provision of law, sections 3401 through 3408 of title 5, United States Code, shall apply to the House of Representatives, the Senate, and the Instrumentalities of the Congress in the same manner and to the same extent as they apply to agencies. SEC. 3. APPLICATION OF LAWS RELATING TO LABOR STANDARDS AND OCCUPATIONAL SAFETY AND HEALTH. (a) In General.--Notwithstanding any other provision of law, the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) shall, to the extent that they relate to the terms and conditions of employment (including hiring, promotion or demotion, salary, benefits, work assignments or reassignments, overtime, and termination), occupational safety and health, and the rights and responsibilities of employers and employees, apply with respect to the Senate, House of Representatives, and Instrumentalities of the Congress in the same manner and to the same extent as they apply with respect to a private person. (b) Right of Appeal.--If an individual referred to in section 4 is aggrieved by a violation of the laws referred to in subsection (a), such individual may, after exhausting any procedures established pursuant to rules or regulations promulgated under section 5, seek redress in a Federal district court of competent jurisdiction and shall have the same rights and remedies provided to private persons under the laws referred to in subsection (a). SEC. 4. INDIVIDUALS COVERED BY ACT. This Act shall apply to the following individuals: (1) A Senator or Representative in, or Resident Commissioner or Delegate to, the Congress, for purposes of section 3. (2) An employee or officer of either House of Congress, of a committee of either House, or a joint committee of the two Houses. (3) An employee of a Member if the pay of the employee is paid by the Secretary of the Senate or the Clerk of the House of Representatives. (4) An employee of an Instrumentality of the Congress. SEC. 5. REGULATIONS. (a) The Congress.--Not later than the 120-day period beginning on the date of enactment of this Act, the House of Representatives and the Senate shall each promulgate rules and regulations to carry out this Act as it applies to the respective Houses. Such rules and regulations shall be consistent with Federal law. If a House of Congress fails to promulgate such rules and regulations within such time period-- (1) in the case of a failure to promulgate rules and regulations to apply the Fair Labor Standards Act of 1939 (29 U.S.C. 201 et seq.), the rules and regulations promulgated by the Secretary of Labor pertaining to such Act shall apply to such House; (2) in the case of a failure to promulgate rules and regulations to apply the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the rules and regulations promulgated by the Secretary of Labor pertaining to such Act shall apply to such House; and (3) in the case of a failure to promulgate rules and regulations to apply sections 3401 through 3408 of title 5, United States Code, the Secretary of Labor shall promulgate rules and regulations to make such sections applicable to such House. (b) Instrumentalities of the Congress.--Not later than the 120-day period beginning on the date of enactment of this Act, the head of each Instrumentality of the Congress shall promulgate rules and regulations to carry out this Act as it applies to such Instrumentality of the Congress. Such rules and regulations shall be consistent with Federal law. If an Instrumentality of the Congress fails to promulgate such rules and regulations within such time period-- (1) in the case of a failure to promulgate rules and regulations to apply the Fair Labor Standards Act of 1939 (29 U.S.C. 201 et seq.), the rules and regulations promulgated by the Secretary of Labor pertaining to such Act shall apply to such Instrumentality of the Congress; (2) in the case of a failure to promulgate rules and regulations to apply the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the rules and regulations promulgated by the Secretary of Labor pertaining to such Act shall apply to such Instrumentality of the Congress; and (3) in the case of a failure to promulgate rules and regulations to apply sections 3401 through 3408 of title 5, United States Code, the Secretary of Labor shall promulgate rules and regulations to make such sections applicable to such Instrumentality of the Congress. SEC. 6. DEFINITIONS. For purposes of this Act, the term ``Instrumentality of the Congress'' means the Congressional Research Service, the Office of Technology Assessment, the General Accounting Office, the Government Printing Office, the Congressional Budget Office, the Copyright Royalty Tribunal, and, for purposes of section 3, the term ``Instrumentality of the Congress'' also includes the Library of Congress, the Botanic Garden, and the Architect of the Capitol.

Congressional Reform and Compliance Act of 1992 - Applies provisions of Federal laws relating to part-time career employment opportunities to the House of Representatives, the Senate, and the instrumentalities of the Congress in the same manner and to the same extent as they apply to executive agencies. Applies provisions of the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970, to the extent that they relate to the terms and conditions of employment, occupational safety and health, and the rights and responsibilities of employers and employees, to the Senate, the House of Representatives, and instrumentalities of the Congress in the same manner and to the same extent as they apply to a private person. Grants appeal rights to individuals aggrieved by a violation of such laws. Makes this Act applicable to: (1) Members of Congress; (2) employees and officers of either House of Congress, committees and joint committees; (3) employees of a Member if paid by the Secretary of the Senate or the Clerk of the House; and (4) employees of an instrumentality of the Congress. Defines "instrumentality of the Congress" as the Congressional Research Service, the Office of Technology Assessment, the General Accounting Office, the Government Printing Office, the Congressional Budget Office, and the Copyright Royalty Tribunal, and, except with respect to provisions concerning part-time employment, the Library of Congress, the Botanic Garden, and the Architect of the Capitol.

Congressional Reform and Compliance Act of 1992

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savage Rapids Dam Act of 2000''. SEC. 2. CONGRESSIONAL FINDINGS. This Congress finds that-- (1) the Savage Rapids Dam has provided water since 1921 from the Rogue River in the State of Oregon to the Grants Pass Irrigation District (hereafter referred to as the ``District''), a governmental subdivision under Oregon State Statutes; (2) the State of Oregon, the National Marine Fisheries Service and the District have agreed, in principle, that removal of the Savage Rapids Dam and its replacement with modern irrigation pumps will provide improved protection to the salmon and steelhead resources of the Rogue River basin; (3) it is in the public interest to have the Federal Government purchase the Savage Rapids Dam from the District; and (4) it is appropriate to enact measures that both enhance and protect natural resources while ensuring the operational and financial stability of the District and reasonable costs for the delivery of irrigation water to its patrons. SEC. 3. CONSTRUCTION AUTHORIZATION, DAM ACQUISITION, DAM REMOVAL. (a) Prior to the removal of Savage Rapids Dam, the Secretary of the Interior (hereafter referred to as the ``Secretary'') shall design and install modern electric irrigation pumps and associated infrastructure at or near Savage Rapids Dam on the Rogue River in order to supply water to the District in the amount of 150 cubic feet per second. The Savage Rapids Dam is located on the Rogue River at a point adjacent to the Josephine County easterly line and the Jackson County westerly line running south to north: Southeast corner of Section 24, Township 36 south, Range 5 west, Willamette Meridian, State of Oregon. (b) The Secretary shall install fish screens at the pump stations, ensure and certify that the pumping facility is operational and in conformity with all applicable State and Federal environmental regulations prior to dam removal. (c) Following the completion of activities authorized under subsections (a) and (b), the Secretary is authorized to acquire the dam described in subsection (a). Acquisition shall only include the dam itself, and shall not include any lands adjacent to or underlying the dam structure. (d) The Secretary is authorized and directed to remove the dam, following its acquisition. (e) For five years after the dam removal is completed, the Secretary shall also correct any deficiencies in the design, specification, and installation of the pumps, including any problems that may be caused by accumulated sediments. (f) Title to the pumping facilities will be held by the District, and the District shall be responsible for operation and maintenance of these facilities, except as specified in Sec. 3(e) and Sec. 4(a). (g) The Secretary is authorized to proceed with activities under this Act on the basis of the Environmental Impact Statement published by the Bureau of Reclamation in 1995, ``Fish Passage Improvements, Savage Rapids Dam, Planning Report and Final Environmental Statement, Josephine County Water Management Improvement Study, Oregon, Rogue River Basin, Oregon.''. SEC. 4. MONITORING, MITIGATION AND RESTORATION ACTIVITIES. (a) For ten years after the date of the removal of Savage Rapids Dam, the Bureau of Reclamation, in conjunction with the National Marine Fisheries Service and the Oregon Department of Fish and Wildlife, shall monitor any impacts downstream from the dam resulting from dam removal and will implement appropriate remedial actions as necessary. (b) The Bureau of Reclamation and the U.S. Fish and Wildlife Service, acting through the Southwest Oregon Resource Conservation and Development Council, shall identify and implement riparian restoration and other fisheries enhancement projects upstream of the site of the Savage Rapids Dam and downstream to the mouth of the Applegate River to minimize the impact, and maximize the benefit, of dam removal. The Federal cost-share for activities under this subsection shall be seventy-five percent. (c) The Secretary shall work with the State of Oregon and the Counties of Josephine and Jackson to identify and implement community recreational enhancement projects. The Federal cost-share for activities under this subsection shall be fifty percent. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) There are authorized to be appropriated $13,500,000 for activities under this Act, except as provided in paragraphs (b) through (d) below. (b) There are authorized to be appropriated $3,700,000 for activities under Sec. 3(c). (c) There are authorized to be appropriated $2,500,000 for activities under Sec. 4(b). (d) There are authorized to be appropriated $2,500,000 for activities under Sec. 4(c). SEC. 6. APPLICATION OF THE RECLAMATION REFORM ACT. Activities funded under this Act shall not be considered a supplemental or additional benefit under the Act of June 17, 1902 (82 Stat. 388) and all Acts amendatory thereof or supplementary thereto.

Authorizes the Secretary of the Interior to acquire the Dam and remove it and to correct any deficiencies in the design, specification, and installation of the pumps. Vests title to the pumping facilities in the District. Requires the Bureau of Reclamation to monitor any impacts downstream from the Dam resulting from dam removal and to implement appropriate remedial actions. Requires the Bureau and the U.S. Fish and Wildlife Service to implement fisheries enhancement projects upstream of the Dam and downstream to the mouth of Applegate River to minimize the impact, and maximize the benefit, of dam removal. Requires the Secretary to work with the State of Oregon and Josephine and Jackson Counties to implement community recreational enhancement projects.

Savage Rapids Dam Act of 2000

SECTION. 1. LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION FACILITIES. (a) Public Safety Regulations.--The Secretary of the Interior shall issue regulations necessary to maintain law and order and protect persons and property within Reclamation projects and on Reclamation lands. (b) Violations; Criminal Penalties.--Any person who knowingly and willfully violates any regulation issued under subsection (a) shall be fined under chapter 227, subchapter C of title 18, United States Code, imprisoned for not more than 6 months, or both. Any person charged with a violation of a regulation issued under subsection (a) may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18, United States Code. (c) Authorization of Law Enforcement Officers.--The Secretary of the Interior may-- (1) authorize law enforcement personnel from the Department of the Interior to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands; (2) authorize law enforcement personnel of any other Federal agency that has law enforcement authority (with the exception of the Department of Defense) or law enforcement personnel of any State or local government, including an Indian tribe, when deemed economical and in the public interest, through cooperative agreement or contract, to act as law enforcement officers to enforce Federal laws and regulations within a Reclamation project or on Reclamation lands with such enforcement powers as may be so assigned to them by the Secretary; (3) cooperate with any State or local government, including an Indian tribe, in the enforcement of the laws or ordinances of that State or local government; and (4) provide reimbursement to a State or local government, including an Indian tribe, for expenditures incurred in connection with activities under paragraph (2). (d) Powers of Law Enforcement Officers.--A law enforcement officer authorized by the Secretary of the Interior under subsection (c) may-- (1) carry firearms within a Reclamation project or on Reclamation lands; (2) make arrests without warrants for-- (A) any offense against the United States committed in his presence; or (B) any felony cognizable under the laws of the United States if he has-- (i) reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; and (ii) such arrest occurs within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest; (3) execute within a Reclamation project or on Reclamation lands any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law for any offense committed within a Reclamation project or on Reclamation lands; and (4) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense. (e) Legal Status of State or Local Law Enforcement Officers.-- (1) State or local officers not federal employees.--Except as otherwise provided in this section, a law enforcement officer of any State or local government, including an Indian tribe, authorized to act as a law enforcement officer under subsection (c) shall not be deemed to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, employment discrimination, leave, unemployment compensation, and Federal benefits. (2) Application of federal tort claims act.--For purposes of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be considered a Federal employee. (3) Availability of workers compensation.--For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be deemed a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5, and the provisions of that subchapter shall apply. Benefits under such subchapter shall be reduced by the amount of any entitlement to State or local workers compensation benefits arising out of the same injury or death. (f) Concurrent Jurisdiction.--Nothing in this section shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency, or to affect any existing right of a State or local government, including an Indian tribe, to exercise civil and criminal jurisdiction within a Reclamation project or on Reclamation lands. (g) Regulations.--Except for the authority provided in section 2(c)(1), the law enforcement authorities provided for in this section may be exercised only pursuant to regulations issued by the Secretary of the Interior and approved by the Attorney General. SEC. 2. DEFINITIONS. In this Act: (1) Law enforcement personnel.--The term ``law enforcement personnel'' means an employee of a Federal, State, or local government agency, including an Indian tribal agency, who has successfully completed law enforcement training approved by the Secretary and is authorized to carry firearms, make arrests, and execute service of process to enforce criminal laws of his or her employing jurisdiction. (2) Reclamation project; reclamation lands.--The terms ``Reclamation project'' and ``Reclamation lands'' have the meaning given such terms in section 2803 of the Reclamation Projects Authorization and Adjustment Act of 1992 (16 U.S.C. 460l-32). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Interior to issue regulations necessary to maintain law and order and protect persons and property within reclamation projects and on reclamation lands. Prescribes criminal penalties for knowingly and willfully violating such regulations and provides that any person charged with a violation may be tried and sentenced by any U.S. magistrate judge.Authorizes the Secretary of the Interior to: (1) authorize law enforcement personnel of the Department of the Interior, or of any other Federal agency that has law enforcement authority (except the Department of Defense) or of any State or local government, including an Indian tribe, when deemed economical and in the public interest, to enforce Federal laws and regulations on such lands; (2) cooperate with any State or local government in the enforcement of its laws or ordinances; and (3) provide reimbursement to a State or local government for expenditures incurred in enforcing Federal laws and regulations on such lands.Allows such law enforcement officers to carry firearms, make certain arrests without warrants, execute any warrant or other process issued by a court or officer for the enforcement of the provisions of any Federal law or regulation, and conduct investigations on such lands.Provides that State and local officers authorized to act as Federal law enforcement officers under this Act shall not be deemed to be Federal employees, except for purposes of the Federal Tort Claims Act and civil service workers compensation provisions.

To amend the Reclamation Recreation Management Act of 1992 in order to provide for the security of dams, facilities, and resources under the jurisdiction of the Bureau of Reclamation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Edward William Brooke III Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Edward William Brooke III was the first African American elected by popular vote to the United States Senate and served with distinction for 2 terms from January 3, 1967, to January 3, 1979. (2) In 1960, Senator Brooke began his public career when Governor John Volpe appointed him chairman of the Boston Finance Commission, where the young lawyer established an outstanding record of confronting and eliminating graft and corruption and proposed groundbreaking legislation for consumer protection and against housing discrimination and air pollution. (3) At a time when few African Americans held State or Federal office, Senator Brooke became an exceptional pioneer, beginning in 1962, when he made national and State history by being elected Attorney General of Massachusetts, the first African American in the Nation to serve as a State Attorney General, the second highest office in the State, and the only Republican to win statewide in the election that year, at a time when there were fewer than 1,000 African American officials in our Nation. (4) He won office as a Republican in a state that was strongly Democratic. (5) As Massachusetts Attorney General, Senator Brooke became known for his fearless and honest execution of the laws of his State and for his vigorous prosecution of organized crime. (6) The pioneering accomplishments of Edward William Brooke III in public service were achieved although he was raised in Washington, DC at a time when the Nation's capital was a city where schools, public accommodations, and other institutions were segregated, and when the District of Columbia did not have its own self-governing institutions or elected officials. (7) Senator Brooke graduated from Paul Laurence Dunbar High School and went on to graduate from Howard University in 1941. (8) Senator Brooke's enduring advocacy for self-government and congressional voting rights for the citizens of Washington, DC has roots in his life and personal experience as a native Washingtonian. (9) Senator Brooke served for 5 years in the United States Army in the segregated 366th Infantry Regiment during World War II in the European theater of operations, attaining the rank of captain and receiving a Bronze Star Medal for ``heroic or meritorious achievement or service'' and the Distinguished Service Award. (10) After the war, Senator Brooke attended Boston University School of Law, where he served as editor of the school's Law Review, graduating with an LL.B. in 1948 and an LL.M. in 1949, and made Massachusetts his home. (11) During his career in Congress, Senator Brooke was a leader on some of the most critical issues of his time, including the war in Vietnam, the struggle for civil rights, the shameful system of apartheid in South Africa, the Cold War, and United States' relations with the People's Republic of China. (12) President Lyndon B. Johnson appointed Senator Brooke to the President's Commission on Civil Disorders in 1967, where his work on discrimination in housing would serve as the basis for the 1968 Civil Rights Act. (13) Senator Brooke continued to champion open housing when he left the Senate and became the head of the National Low- Income Housing Coalition. (14) Senator Brooke has been recognized with many high honors, among them the Presidential Medal of Freedom in 2004, an honor that recognizes ``an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors''; the Grand Cross of the Order of Merit from the Government of Italy; a State courthouse dedicated in his honor by the Commonwealth of Massachusetts, making him the first African American to have a State courthouse named in his honor; the NAACP Spingarn Medal; and the Charles Evans Hughes award from the National Conference of Christians and Jews. (15) Senator Brooke's biography, Bridging The Divide: My Life, was published in 2006, and he is the author of The Challenge of Change: Crisis in Our Two-Party System, published in 1966. (16) Senator Brooke became a racial pioneer, but race was never at the center of his political campaigns. (17) He demonstrated to all that with commitment, determination, and strength of character, even the barriers once thought insurmountable can be overcome. (18) He has devoted his life to the service of others, and made enormous contributions to our society today. (19) The life and accomplishments of Senator Brooke is inspiring proof, as he says, that ``people can be elected on the basis of their qualifications and not their race''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Edward William Brooke III in recognition of his unprecedented and enduring service to our Nation. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Edward William Brooke III Congressional Gold Medal Act - Awards a congressional gold medal to Edward William Brooke III, the first African American elected by popular vote to the U.S. Senate, in recognition of his unprecedented and enduring service to our Nation.

To award a congressional gold medal to Edward William Brooke III in recognition of his unprecedented and enduring service to our Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity for Health Plan Beneficiaries Act of 2009''. SEC. 2. APPLICATION OF ACCIDENT AND HEALTH PLANS TO ELIGIBLE BENEFICIARIES. (a) Exclusion of Contributions.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(f) Coverage Provided for Eligible Beneficiaries of Employees.-- ``(1) In general.--Subsection (a) shall apply with respect to any eligible beneficiary of the employee. ``(2) Eligible beneficiary.--For purposes of this subsection, the term `eligible beneficiary' means any individual who is eligible to receive benefits or coverage under an accident or health plan.''. (b) Exclusion of Amounts Expended for Medical Care.--The first sentence of section 105(b) of such Code (relating to amounts expended for medical care) is amended-- (1) by striking ``and his dependents'' and inserting ``his dependents'', and (2) by inserting before the period the following: ``and any eligible beneficiary (within the meaning of section 106(f)) with respect to the taxpayer''. (c) Payroll Taxes.-- (1) Section 3121(a)(2) of such Code is amended-- (A) by striking ``or any of his dependents'' in the matter preceding subparagraph (A) and inserting ``, any of his dependents, or any eligible beneficiary (within the meaning of section 106(f)) with respect to the employee'', (B) by striking ``or any of his dependents,'' in subparagraph (A) and inserting ``, any of his dependents, or any eligible beneficiary (within the meaning of section 106(f)) with respect to the employee,'', and (C) by striking ``and their dependents'' both places it appears and inserting ``and such employees' dependents and eligible beneficiaries (within the meaning of section 106(f))''. (2) Section 3231(e)(1) of such Code is amended-- (A) by striking ``or any of his dependents'' and inserting ``, any of his dependents, or any eligible beneficiary (within the meaning of section 106(f)) with respect to the employee,'', and (B) by striking ``and their dependents'' both places it appears and inserting ``and such employees' dependents and eligible beneficiaries (within the meaning of section 106(f))''. (3) Section 3306(b)(2) of such Code is amended-- (A) by striking ``or any of his dependents'' in the matter preceding subparagraph (A) and inserting ``, any of his dependents, or any eligible beneficiary (within the meaning of section 106(f)) with respect to the employee,'', (B) by striking ``or any of his dependents'' in subparagraph (A) and inserting ``, any of his dependents, or any eligible beneficiary (within the meaning of section 106(f)) with respect to the employee'', and (C) by striking ``and their dependents'' both places it appears and inserting ``and such employees' dependents and eligible beneficiaries (within the meaning of section 106(f))''. (4) Section 3401(a) of such Code is amended by striking ``or'' at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ``; or'', and by inserting after paragraph (23) the following new paragraph: ``(24) for any payment made to or for the benefit of an employee or any eligible beneficiary (within the meaning of section 106(f)) if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106 or under section 105 by reference in section 105(b) to section 106(f).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 3. EXPANSION OF DEPENDENCY FOR PURPOSES OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of a taxpayer who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, ``(C) the taxpayer's dependents, and ``(D) any individual who-- ``(i) satisfies the age requirements of section 152(c)(3)(A), ``(ii) bears a relationship to the taxpayer described in section 152(d)(2)(H), and ``(iii) meets the requirements of section 152(d)(1)(C), and ``(E) one individual who-- ``(i) does not satisfy the age requirements of section 152(c)(3)(A), ``(ii) bears a relationship to the taxpayer described in section 152(d)(2)(H), ``(iii) meets the requirements of section 152(d)(1)(D), and ``(iv) is not the spouse of the taxpayer and does not bear any relationship to the taxpayer described in subparagraphs (A) through (G) of section 152(d)(2).''. (b) Conforming Amendment.--Subparagraph (B) of section 162(l)(2) of such Code is amended by inserting ``, any dependent, or individual described in subparagraph (D) or (E) of paragraph (1) with respect to'' after ``spouse''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. EXTENSION TO ELIGIBLE BENEFICIARIES OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary (within the meaning of section 106(f)), as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 5. FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT ARRANGEMENTS. The Secretary of Treasury shall issue guidance of general applicability providing that medical expenses that otherwise qualify-- (1) for reimbursement from a flexible spending arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee's flexible spending arrangement, notwithstanding the fact that such expenses are attributable to any individual who is not the employee's spouse or dependent (within the meaning of section 105(b) of the Internal Revenue Code of 1986) but is an eligible beneficiary (within the meaning of section 106(f) of such Code) under the flexible spending arrangement with respect to the employee, and (2) for reimbursement from a health reimbursement arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee's health reimbursement arrangement, notwithstanding the fact that such expenses are attributable to an individual who is not a spouse or dependent (within the meaning of section 105(b) of such Code) but is an eligible beneficiary (within the meaning of section 106(f) of such Code) under the health reimbursement arrangement with respect to the employee. SEC. 6. EXTENSION OF QUALIFIED MEDICAL EXPENSES FROM HEALTH SAVINGS ACCOUNTS. (a) In General.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 (relating to qualified medical expenses) is amended-- (1) by striking ``and any dependent'' and inserting ``any dependent'', and (2) by inserting ``, and any qualified beneficiary'' after ``thereof)''. (b) Qualified Beneficiary.--Section 223(d)(2) of such Code is amended by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualified beneficiary.--For purposes of subparagraph (A), the term `qualified beneficiary' means any individual who is described in subparagraph (D) or (E) of section 162(l)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Tax Equity for Health Plan Beneficiaries Act of 2009 - Amends the Internal Revenue Code to: (1) exclude from an employee's gross income employer-provided accident and health plan benefits extended to a domestic partner or non-dependent, non-spouse beneficiary eligible to receive such benefits under an employer plan (i.e., "eligible beneficiary"); (2) exempt such benefits paid to eligible beneficiaries from applicable employment and unemployment taxes; (3) allow self-employed individuals a tax deduction for the health insurance costs of their eligible beneficiaries; (4) allow tax-exempt volutary employees' beneficiary associations to provide sick and accident benefits to the domestic partners and non-dependent, non-spouse beneficiaries of their members; and (5) allow reimbursement of the medical expenses of an eligible beneficiary from a health savings account (HSA). Directs the Secretary of the Treasury to provide guidance relating to reimbursements from a flexible spending arrangement and a health reimbursement arrangement attributable to an eligible beneficiary as defined by this Act.

A bill to amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees' spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans Access to Quality Care Act of 2015''. SEC. 2. ESTABLISHMENT OF STRUCTURAL STANDARDS TO MEET GENDER-SPECIFIC HEALTH CARE NEEDS IN MEDICAL FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.-- (1) In general.--The Secretary of Veterans Affairs shall establish standards to ensure that all medical facilities of the Department of Veterans Affairs have the structural characteristics necessary to adequately meet the gender- specific health care needs of veterans at such facilities, including privacy, safety, and dignity. (2) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out paragraph (1). (b) Integration Into Prioritization Methodology.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall integrate the standards established under subsection (a)(1) into the prioritization methodology used by the Department under paragraph (5) of section 8104(b) of title 38, United States Code, with respect to requests for the funding of major medical facility projects and major medical facility leases under such section. (c) Report.--Not later than 450 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the standards established under subsection (a)(1) that includes the following: (1) A list of the medical facilities of the Department that fail to meet such standards. (2) The minimum total cost of the projects or leases that would be required to ensure that all medical facilities of the Department meet such standards. (3) The number of such projects or leases that qualify as a major medical facility project or major medical facility lease under section 8104(a)(3). (4) Where each such project or lease is located in the current project prioritization of the Department. SEC. 3. USE OF HEALTH OUTCOMES FOR WOMEN VETERANS IN EVALUATING THE PERFORMANCE OF DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT AND DISCLOSURE OF HEALTH OUTCOMES. (a) Evaluation of Directors.--The Secretary of Veterans Affairs shall use health outcomes for women veterans furnished hospital care, medical services, and other health care by the Department of Veterans Affairs in evaluating the performance of directors of medical centers of the Department. (b) Public Availability.-- (1) In general.--The Secretary shall publish on an Internet website of the Department available to the public information on the performance of directors of medical centers of the Department with respect to health outcomes for women veterans. (2) Data on health outcomes.--The Secretary shall publish on an Internet website that is available to the public of each medical facility of the Department the following: (A) Data on health outcomes pursuant to key health outcome metrics at such facility for veterans who are women. (B) A comparison of how such data compares to data on health outcomes pursuant to key health outcome metrics at such facility for veterans who are men. (C) Explanatory or clarifying information necessary for members of the public to understand the data under subparagraphs (A) and (B). SEC. 4. INCREASE IN NUMBER OF OBSTETRICIANS AND GYNECOLOGISTS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Requirement.--Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that every medical center of the Department of Veterans Affairs has a full-time obstetrician or gynecologist. (b) Pilot Program on Increase of Residency and Medical Education Positions.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to increase the number of residency program positions and graduate medical education positions for obstetricians and gynecologists at medical facilities of the Department of Veterans Affairs in not less than three Veterans Integrated Service Networks of the Department. SEC. 5. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO STATE VETERANS AGENCIES TO FACILITATE THE FURNISHING OF ASSISTANCE AND BENEFITS TO VETERANS. (a) Procedures Required.--The Secretary of Veterans Affairs shall develop procedures to share the information described in subsection (b) regarding veterans with State veterans agencies in electronic data format as a means of facilitating the furnishing of assistance and benefits to veterans. (b) Covered Information.--The information shared with State veterans agencies under subsection (a) regarding a veteran shall include the following: (1) Military service and separation data. (2) A personal email address. (3) A personal telephone number. (4) A mailing address. (c) Opt-Out Election.--A veteran may elect to prevent their information from being shared with State veterans agencies under subsection (a) pursuant to a process that the Secretary shall establish for purposes of this subsection. (d) Use of Information.--The Secretary shall ensure that the information shared with State veterans agencies in accordance with the procedures developed under subsection (a) is only shared by such agencies with county government veterans service offices for such purposes as the Secretary shall specify for the administration and delivery of assistance and benefits. SEC. 6. COMPTROLLER GENERAL REPORT ON ABILITY OF MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS TO MEET HEALTH CARE NEEDS OF WOMEN VETERANS. (a) In General.--The Comptroller General of the United States shall carry out an examination of whether the medical centers of the Department of Veterans Affairs are able to meet the health care needs of women veterans. (b) Elements.--The examination under subsection (a) shall address, with respect to each medical center of the Department, at a minimum, the following: (1) The wait times for women veterans for appointments for the receipt of hospital care, medical services, or other health care. (2) Whether the medical center has a clinic that specializes in the treatment of women. (3) The number of full-time obstetricians or gynecologists. (4) The number of health professionals trained in women's health. (5) The extent to which the medical center conducts regular-- (A) training on issues specific to women's health; and (B) sensitivity training. (6) The differences in health outcomes between men and women. (7) The security and privacy measures used in registration, clinical, and diagnostic areas. (8) The availability of gender-specific equipment or procedures. (9) The extent to which the Center for Women Veterans of the Department advises and engages with the medical center with respect to providing health care to women veterans. (10) The extent to which the medical center implements directives from the Center for Women Veterans. (11) The outreach conducted by the Department to women veterans in the community served by the medical center. (12) The collaboration between the medical center and non- Department entities, including veterans service organizations, to meet the health care needs of women veterans. (13) The effectiveness of Patient Aligned Care Teams in meeting the health care needs of women veterans. (c) Report.--Not later than 270 after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the examination carried out under subsection (a). (d) Veterans Service Organization Defined.--In this section, the term ``veterans service organization'' means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Women Veterans Access to Quality Care Act of 2015 Directs the Department of Veterans Affairs (VA) to: (1) establish standards to ensure that all VA medical facilities have the structural characteristics necessary to adequately meet the gender-specific health care needs of veterans at such facilities, including privacy, safety, and dignity; (2) integrate such standards into its prioritization methodology with respect to requests for funding major medical facility projects and major medical facility leases; and (3) report on such standards, including regarding the facilities that fail to meet such standards and the costs of projects and leases required to meet them. Requires the VA to: (1) use health outcomes for women veterans furnished health care by the the VA in evaluating the performance of VA medical center directors, (2) publish on its website information on such performance and on health outcomes for women veterans for each VA medical facility, (3) ensure that every VA medical center has a full-time obstetrician or gynecologist, and (4) carry out a pilot program to increase the number of residency program positions and graduate medical education positions for obstetricians and gynecologists at VA medical facilities in not less than three Veterans Integrated Service Networks. Directs the VA to develop procedures to share information that includes military service and separation data, personal email addresses and telephone numbers, and mailing addresses of veterans with state veterans agencies in electronic format as a means of facilitating the furnishing of assistance and benefits to such veterans. Allows a veteran to elect to prevent their information from being shared. Directs the Government Accountability Office to carry out an examination of whether VA medical centers are able to meet the health care needs of women veterans.

Women Veterans Access to Quality Care Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient-Focused Critical Care Enhancement Act''. SEC. 2. PURPOSE. The purpose of this Act is to optimize the delivery of critical care medicine and expand the critical care workforce. SEC. 3. FINDINGS. Based on the Health Resources and Services Administration's May 2006 Report to Congress, The Critical Care Workforce: A Study of the Supply and Demand for Critical Care Physicians, Congress makes the following findings: (1) In 2000, an estimated 18,000,000 inpatient days of ICU care were provided in the United States through approximately 59,000 ICU beds in 3,200 hospitals. (2) Patient outcomes and the quality of care in the ICU are related to who delivers that care and how care is organized. (3) The demand in the United States for critical care medical services is rising sharply and will continue to rise sharply largely as a result of the following 3 factors: (A) There is strong evidence demonstrating improvements in outcomes and efficiency when intensive care services are provided by nurses and intensivist physicians who have advanced specialty training in critical care medicine. (B) The Leapfrog Group, health care payors, and providers are encouraging greater use of such personnel in intensive care settings. (C) Critical care services are overwhelmingly consumed by patients over the age of 65 and the aging of the United States population is driving demand for these services. (4) The future growth in the number of critical care physicians in ICU settings will be insufficient to keep pace with growing demand. (5) This growing shortage of critical care physicians presents a serious threat to the quality and availability of health care services in the United States. (6) This shortage will disproportionately impact rural and other areas of the United States that already often suffer from a suboptimal level of critical care services. SEC. 4. RESEARCH. (a) In General.--The Secretary of Health and Human Services, through the Agency for Healthcare Research and Quality, shall conduct research to assess-- (1) the standardization of critical care protocols, intensive care unit layout, equipment interoperability, and medical informatics; (2) the impact of differences in staffing, organization, size, and structure of intensive care units on access, quality, and efficiency of care; and (3) coordinated community and regional approaches to providing critical care services, including approaches whereby critical care patients are assessed and provided care based upon intensity of services required. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit a report to Congress, that, based on the review under subsection (a), evaluates and makes recommendations regarding best practices in critical care medicine. SEC. 5. INNOVATIVE APPROACHES TO CRITICAL CARE SERVICES. The Secretary of Health and Human Services shall undertake the following demonstration projects: (1) Optimization of critical care services.-- (A) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall solicit proposals submitted by inpatient providers of critical care services who propose to demonstrate methods to optimize the provision of critical care services to Medicare beneficiaries through innovations in such areas as staffing, ICU arrangement, and utilization of technology. (B) Funding of proposals.--The Administrator of the Centers for Medicare & Medicaid Services shall fund not more than 5 proposals, not less than 1 of which shall focus on the training of hospital-based physicians in rural or community, or both, hospital facilities in the provision of critical care medicine. Such projects shall emphasize outcome measures based on the Institute of Medicine's following 6 domains of quality care: (i) Care should be safe. (ii) Care should be effective. (iii) Care should be patient-centered. (iv) Care should be timely. (v) Care should be efficient. (vi) Care should be equitable. (2) Family assistance programs for the critically ill.-- (A) In general.--The Secretary of Health and Human Services shall solicit proposals and make an award to support a consortium consisting of 1 or more providers of inpatient critical care services and a medical specialty society involved in the education and training of critical care providers. (B) Measurement and evaluation.--A provider that receives support under subparagraph (A) shall measure and evaluate outcomes derived from a ``family- centered'' approach to the provision of inpatient critical care services that includes direct and sustained communication and contact with beneficiary family members, involvement of family members in the critical care decisionmaking process, and responsiveness of critical care providers to family requests. Such project shall evaluate the impact of a family-centered, multiprofessional team approach on, and the correlation between-- (i) family satisfaction; (ii) staff satisfaction; (iii) length of patient stay in an intensive care unit; and (iv) cost of care. (C) Outcome measures.--A provider that receives support under subparagraph (A) shall emphasize outcome measures based on the Institute of Medicine's following 6 domains of quality care: (i) Care should be safe. (ii) Care should be effective. (iii) Care should be patient-centered. (iv) Care should be timely. (v) Care should be efficient. (vi) Care should be equitable. SEC. 6. USE OF TELEMEDICINE TO ENHANCE CRITICAL CARE SERVICES IN RURAL AND UNDERSERVED AREAS. (a) Amendment to Rural Utilities Service Distance Learning and Telemedicine Program.--Chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.) is amended by adding at the end the following: ``SEC. 2335B. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR TELEMEDICINE CRITICAL CARE INITIATIVES. ``In addition to amounts authorized under section 2335A, there is authorized to be appropriated $5,000,000 in each of fiscal years 2010 through 2015 to carry out telemedicine initiatives under this chapter whereby 1 or more providers of inpatient critical care services in rural or other medically underserved areas propose, through collaboration with other providers, to augment the delivery of critical care services in the rural or other medically underserved area inpatient setting through the use of telecommunications systems that allow for consultation with critical care providers not located in the rural or other medically underserved area facility regarding the care of such patients.''. (b) Amendment to Telehealth Network Grant Program.--Section 330I(i)(1)(B) of the Public Health Service Act (42 U.S.C. 254c- 14(i)(1)(B)) is amended by striking the period at the end and inserting ``, or that augment the delivery of critical care services in rural or other medically underserved area inpatient settings through consultation with providers located elsewhere.''. SEC. 7. INCREASING THE SUPPLY OF CRITICAL CARE PROVIDERS. Section 338B of the Public Health Service Act (42 U.S.C. 254l-1) is amended by adding at the end the following: ``(i) Critical Care Initiative.-- ``(1) Establishment.--The Secretary shall undertake an initiative that has as its goal the annual recruitment of not less than 50 providers of critical care services into the National Health Service Corps Loan Repayment Program. Providers recruited pursuant to this initiative shall be additional to, and not detract from, existing recruitment activities otherwise authorized by this section. ``(2) Clarifying amendment.--The initiative described in paragraph (1) shall be undertaken pursuant to the authority of this section, and for purposes of the initiative-- ``(A) the term `primary health services' as used in subsection (a) shall be understood to include critical care services; and ``(B) `an approved graduate training program' as that term is used in subsection (b)(1)(B) shall be limited to pulmonary fellowships or critical care fellowships, or both, for physicians.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for the research to be conducted under section 4; and (2) $4,000,000 for the demonstration projects authorized under section 5.

Patient-Focused Critical Care Enhancement Act - Requires the Secretary of Health and Human Services, acting through the Agency for Healthcare Research and Quality (AHRQ), to conduct research to assess: (1) the standardization of critical care protocols, intensive care unit layout, equipment interoperability, and medical informatics; and (2) the impact of differences in staffing, organization, size, and structure of intensive care units on access, quality, and efficiency of care. Requires the Secretary to undertake demonstration projects to: (1) optimize the provision of critical care services to Medicare beneficiaries through innovations in such areas as staffing and utilization of technology; and (2) measure and evaluate outcomes derived from a "family-centered" approach to the provision of inpatient critical care services that includes direct and sustained communication and contact with the beneficiary family members, involvement of family members in the critical care decisionmaking process, and responsiveness of critical care providers to family requests. Amends the Food, Agriculture, Conservation and Trade Act of 1990 to authorize appropriations for FY2010-FY2015 for augmenting the delivery of critical care services in the rural or other medically underserved area inpatient setting through the use of telecommunications systems that allow for consultation with critical care providers not located in the rural or other medically underserved area facility regarding the care of such patients. Amends the Public Health Service Act to require the Secretary to give preference in awarding telehealth grant funds to entities to develop plans for, or to establish, such critical care telehealth networks. Requires the Secretary to undertake an initiative to recruit providers of critical care services into the National Health Service Corps Loan Repayment Program.

A bill to optimize the delivery of critical care medicine and expand the critical care workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Bill of Rights for the Blind Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Rapid advances in microchip and digital technology have led to increasingly complex user interfaces for everyday products like consumer electronic devices, home appliances, and office technology devices. Many new devices in these categories require user interaction with visual displays, on-screen menus, touch screens, and other interfaces that are inaccessible to blind or low-vision individuals. Rarely, for example, are settings on televisions, home stereo systems, or dishwashers controlled by knobs, switches, or buttons that can be readily identified and whose settings can be easily discerned with or without the addition of tactile markings by the consumer. (2) The use of inaccessible interfaces on office equipment such as copiers and fax machines makes these devices unusable by the blind, and many office software packages are either substantially or totally inaccessible to blind people who use assistive technology. This lack of access is a potential threat to a blind person's existing job and a barrier to obtaining a new job. (3) Increasingly, electronic kiosks are being used to sell consumer goods and services, including tickets for public transit and air transportation, and to provide important public information. If a kiosk is not accessible in a nonvisual manner, a blind person has no way to make a purchase, check in for a flight, or access important public information. (4) This growing threat to the independence and productivity of blind people is unnecessary because electronic devices can easily be constructed with user interfaces that are not exclusively visual. Text-to-speech technology has become inexpensive and is in wider use than ever before. It is used in everything from automated telephone systems to weather broadcasts by the National Oceanic and Atmospheric Administration. Additionally, office software can be designed to work with screen access technology used by the blind at little or no extra cost as long as such compatibility is taken into consideration at the beginning of the design process. (5) Some manufacturers have incorporated nonvisual technology into their products by creating talking menus or enabling them to articulate the content on the display, a practice that makes such products more usable by all consumers, whether blind or sighted. For example, Apple, Inc., has incorporated innovative nonvisual interfaces into the latest versions of its iPhone and iPod product lines. (6) There is no reason why all manufacturers cannot produce electronic devices fully accessible to blind and low-vision individuals. (7) Text-to-speech technology is not the only mechanism by which consumer electronic devices, electronic kiosks, home appliances, and office technology devices can be made accessible to blind and low-vision individuals. In some cases, tactile markings or audible tones may be sufficient to make such devices fully accessible. (8) Blind and low-vision individuals should be able to obtain and operate consumer electronic devices, electronic kiosks, home appliances, and office technology devices with the same ease as those with normal vision. SEC. 3. STUDY AND REPORT ON ACCESS TO COVERED DEVICES BY BLIND CONSUMERS. (a) In General.--The Secretary shall conduct a study on methods by which blind consumers can gain nonvisual access to covered devices. (b) Research and Consultation.--In conducting the study required by subsection (a), the Secretary shall-- (1) review all available research on methods by which blind consumers can gain nonvisual access to covered devices; (2) commission such additional research as the Secretary considers necessary; (3) consult with groups representing blind consumers; and (4) consult with manufacturers of covered devices and organizations that represent such manufacturers. (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the findings of the study required by subsection (a). SEC. 4. MINIMUM NONVISUAL ACCESS STANDARDS FOR COVERED DEVICES. (a) In General.--Not later than 180 days after the submission of the report under section 3(c), the Secretary shall promulgate a minimum nonvisual access standard for each type of covered device that will ensure nonvisual access to such respective type of device by blind consumers. (b) Effective Date.--A minimum nonvisual access standard shall apply to a covered device that is manufactured after the date that is 2 years after the date on which such standard is promulgated. SEC. 5. OFFICE OF NONVISUAL ACCESS COMPLIANCE. (a) Establishment.--As soon as practicable but not later than 2 years after the date of the enactment of this Act, the Secretary shall establish an Office of Nonvisual Access Compliance. The head of the Office shall be the Director of the Office of Nonvisual Access Compliance. (b) Powers and Duties.-- (1) Assistance to secretary.--The Director and appropriate staff of the Office shall assist the Secretary in-- (A) conducting the study required by section 3(a) and preparing the report required by section 3(c) (if the Director and staff have been appointed by the time period involved); and (B) developing the minimum nonvisual access standards. (2) Education of manufacturers.--The Secretary, acting through the Director, shall educate manufacturers of covered devices about the minimum nonvisual access standards and compliance with such standards. (3) Investigations.-- (A) Complaints.--The Secretary, acting through the Director, shall investigate each complaint that a covered device does not comply with a minimum nonvisual access standard applicable to such covered device and shall determine whether such covered device complies with such minimum nonvisual access standard. (B) Initiation by office.--In addition to investigations under subparagraph (A), the Secretary, acting through the Director, may conduct such other investigations as the Secretary, acting through the Director, considers appropriate to ensure compliance with the minimum nonvisual access standards. (4) Enforcement.-- (A) In general.--If the Secretary, acting through the Director, determines that a manufacturer has manufactured for sale or offered for sale a covered device that does not comply with a minimum nonvisual access standard applicable to such covered device, the Secretary, acting through the Director, shall take enforcement action under subparagraph (B) or (C). (B) Notice and opportunity to correct violation; civil penalty.-- (i) Notice and opportunity to correct violation.--Upon making the determination described in subparagraph (A) and unless the Secretary, acting through the Director, takes the action described in subparagraph (C), the Secretary, acting through the Director, shall notify the manufacturer involved of the violation and the time period within which such violation must be corrected in order to avoid a civil monetary penalty, if any. (ii) Civil penalty.--If the notice given under clause (i) includes a time period within which the violation must be corrected and the manufacturer has not corrected the violation within such time period, the Secretary, acting through the Director, may assess a civil monetary penalty against such manufacturer in an amount that is not less than 10 percent of the retail value of the covered device involved for each noncompliant unit of such covered device manufactured. (C) Immediate civil penalty.--Upon making the determination described in subparagraph (A), the Secretary, acting through the Director, may, in an appropriate case, without first providing the manufacturer involved with notice and an opportunity to correct the violation under subparagraph (B), assess a civil monetary penalty against such manufacturer in an amount that is not less than 10 percent of the retail value of the covered device involved for each noncompliant unit of such covered device manufactured. SEC. 6. PRIVATE RIGHT OF ACTION. (a) In General.--A blind consumer who has an encounter with a covered device that does not comply with a minimum nonvisual access standard applicable to such covered device may, after notifying the Office of such encounter, commence a civil action against the manufacturer of such covered device not later than 180 days after such encounter. (b) Relief.--If the court in a civil action commenced under subsection (a) determines that the covered device involved is in violation of a minimum nonvisual access standard, the court may grant the following relief: (1) Monetary damages in an amount equal to the greater of-- (A) $10,000 per encounter per unit of such covered device; or (B) in the case of a blind consumer who loses an employment opportunity because of an encounter with an office technology device that does not comply with a minimum nonvisual access standard applicable to such office technology device, the value of such employment opportunity. (2) Such equitable relief as the court considers appropriate, including temporary, preliminary, and permanent injunctive relief. (3) Reasonable attorneys' fees. (4) In the case of willful or repeated violations by the manufacturer, punitive damages. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to limit the rights of blind or low-vision individuals under other law. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Blind consumer.--The term ``blind consumer'' means an individual whose vision-- (A) is 20/200 or less in the best corrected eye; (B) subtends an angle of not greater than 20 degrees in the best corrected eye; or (C) is such that the individual cannot use a covered device without some form of nonvisual assistance. (2) Consumer electronic device.--The term ``consumer electronic device'' means an electronic device designed primarily for use by the ultimate consumer. (3) Covered device.--The term ``covered device'' means a consumer electronic device, electronic kiosk, home appliance, or office technology device that is manufactured for sale in the United States after the date that is 2 years after the date of the promulgation of a minimum nonvisual access standard applicable to such consumer electronic device, electronic kiosk, home appliance, or office technology device. (4) Director.--The term ``Director'' means the Director of the Office of Nonvisual Access Compliance. (5) Electronic kiosk.--The term ``electronic kiosk'' means an electronic device with an interactive user interface that is designed to-- (A) sell consumer goods and services, including passage on transportation, to the public; or (B) convey information to the public. (6) Encounter.--The term ``encounter'' means-- (A) with respect to a consumer electronic device or home appliance, the purchase or use or attempted use of such item by a blind consumer; and (B) with respect to an electronic kiosk or office technology device, the use or attempted use of such electronic kiosk or office technology device by a blind consumer. (7) Home appliance.--The term ``home appliance'' means an electric appliance that is designed for use in a residential setting. (8) Minimum nonvisual access standard.--The term ``minimum nonvisual access standard'' means a minimum nonvisual access standard promulgated under section 4(a). (9) Nonvisual access.--The term ``nonvisual access'' means the ability of an individual to use all functions of a device without reliance on eyesight. (10) Office.--The term ``Office'' means the Office of Nonvisual Access Compliance established under section 5(a). (11) Office technology device.--The term ``office technology device'' means an electric device or computer software application that is designed for use in an office setting. (12) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Technology Bill of Rights for the Blind Act of 2010 - Directs the Secretary of Commerce to study and report to Congress on methods by which blind consumers can gain nonvisual access to consumer electronic devices, electronic kiosks, home appliances, or office technology devices. Requires the Secretary to promulgate a minimum nonvisual access standard for each type of covered device that will ensure nonvisual access to such device by blind consumers. Applies a minimum nonvisual access standard to a covered device that is manufactured after the date that is two years after the date on which such standard is promulgated. Directs the Secretary to establish an Office of Nonvisual Access Compliance to assist the Secretary, educate manufacturers, and conduct investigations. Imposes civil penalties in certain circumstances. Allows civil suits by blind consumers against manufacturers for monetary damages and equitable relief. Allows punitive damages for willful or repeated violations. Prohibits construing this Act to limit the rights of blind or low-vision individuals.

To provide for a study and report on access by blind consumers to certain electronic devices and to provide for the establishment of minimum nonvisual access standards for such devices and for the establishment of an office within the Department of Commerce to enforce such standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Japan Currency Manipulation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Japanese yen is, by any measure, in fundamental misalignment with every major currency and, according to the Bank of Japan, is now trading at the lowest trade-weighted average in the last 20 years. (2) The Board of Governors of the Federal Reserve System reported, in a January 2004 working paper, ``Since the early 1990s, the monetary authorities of the major industrialized countries, with one notable exception, have greatly curtailed their foreign exchange interventions. That exception has been Japan, where the Ministry of Finance has continued to intervene frequently--and at times massively--in foreign exchange markets.''. (3) The fundamental cause of Japan's exchange-rate misalignment is a set of deliberate policy decisions by the Government of Japan designed to artificially suppress the world market value of the yen in order to increase Japanese exports substantially. (4) Japan's $875,000,000,000 in foreign currency reserve holdings are the second largest in the world, far exceeding any reasonable economic justification and extremely disproportionate to the foreign currency reserves held by other industrialized nations. (5) The United States trade deficit with Japan is the second highest--$88,000,000,000 in 2006--and trade in automobiles and automobile parts makes up two-thirds of the trade deficit. (6) Japan has maintained a massive and consistently large current account trade deficit with the United States for more than 25 years, with the majority of that deficit attributable to automobiles and automobile parts. (7) At the current average rate of exchange of 117 Japanese yen to the United States dollar, Japan is providing a $3,600 subsidy for a typical family 4-door sedan made in Japan, a $9,700 subsidy for upper-end and luxury vehicles made in Japan, and thousands of dollars in cost advantages for Japanese automobiles made in the United States with imported Japanese automobile parts. (8) The exchange-rate misalignment of the Japanese yen with respect to the United States dollar effectively provides a subsidy to Japanese exporters and an unfair competitive advantage for Japanese automobile manufacturers over United States automobile manufacturers. SEC. 3. DEFINITIONS. In this Act: (1) Currency intervention.--The term ``currency intervention'' means-- (A) direct currency intervention, such as purchases of United States dollars and sales of Japanese yen that are greater than such purchases and sales for the preceding 3-year period with a correlating effect of countering the appreciation of the Japanese yen; and (B) indirect currency intervention, such as comments by officials of the Government of Japan on the value of the Japanese yen that are accompanied by a correlated change in the rate of exchange of the Japanese yen with respect to the United States dollar and other currencies. (2) Exchange-rate misalignment.-- (A) In general.--The term ``exchange-rate misalignment'' means an undervaluation of the Japanese yen as a result of protracted large-scale currency intervention by or at the direction of the Government of Japan in the exchange market. An undervaluation exists if the observed exchange rate for the Japanese yen is below the rate of exchange that could reasonably be expected for the Japanese yen absent the intervention. (B) Factors.--In determining whether exchange-rate misalignment is occurring and a benefit thereby is conferred, the Secretary in each case-- (i) shall consider Japan's-- (I) bilateral balance-of-trade surplus or deficit with the United States; (II) balance-of-trade surplus or deficit with its other trading partners individually and in the aggregate; (III) foreign direct investment in its territory; (IV) currency-specific and aggregate amounts of foreign currency reserve holdings; and (V) mechanisms employed to maintain the Japanese yen at an undervalued rate of exchange with respect to the United States dollar and other currencies and, particularly, the nature, duration, and monetary expenditures of those mechanisms; (ii) may consider such other economic factors as are relevant; and (iii) shall measure the trade surpluses or deficits described in subclauses (I) and (II) of clause (i) with reference to the trade data reported by the United States and the other trading partners of Japan, unless such trade data are not available or are demonstrably inaccurate, in which case Japan's trade data may be relied upon if shown to be sufficiently accurate and trustworthy. (C) Computation.--In quantifying exchange-rate misalignment, the Secretary shall develop and apply an objective methodology that is consistent with widely recognized macroeconomic theory and shall rely upon governmentally published and other publicly available and reliable data. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. REPORT ON CURRENCY INTERVENTION AND EXCHANGE-RATE MISALIGNMENT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit to Congress a report on-- (1) currency intervention by the Government of Japan with respect to the rate of exchange of the Japanese yen and the United States dollar and other currencies since 2000; and (2) any effort by the Government of Japan to create an exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies since March 2004. (b) Contents of Report.-- (1) Currency intervention by the government of japan since 2000.--The report required by subsection (a) shall include-- (A) a description of all known and reported incidents of direct or indirect currency intervention by the Government of Japan undertaken to adjust the rate of exchange between the Japanese yen and the United States dollar and other currencies since 2000; (B) a description of all other incidents of currency intervention by the Government of Japan that have not been reported but in which the Secretary knew or suspected the Government of Japan had participated; and (C) for each incident of currency intervention described in subparagraphs (A) and (B), a justification for the reasons the United States did not consider the incident of currency intervention, or report or act upon the incident of currency intervention, under-- (i) the Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5301 et seq.); (ii) title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.); or (iii) section 2102(c)(12) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3802(c)(12)). (2) Exchange-rate misalignment since march 2004.--The report required by subsection (a) shall also include a description of any efforts by the Government of Japan since March 2004 to create or maintain the exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies, including through-- (A) statements made by officials of the Government of Japan regarding the value or movement of the Japanese yen that affect the rate of exchange of the Japanese yen with respect to the United States dollar and other currencies; (B) covert exchange rate policies or attempts to increase foreign currency reserve holdings or attain material global current account surpluses; (C) directives that alter investments of pensions plans and insurance companies in order to gain an unfair competitive advantage in international trade; and (D) any other effort to prevent effective balance of payments adjustments or to gain an unfair competitive advantage in international trade. SEC. 5. PROPOSAL FOR JOINT UNITED STATES-EUROPEAN UNION PLAN TO ADDRESS THE EXCHANGE-RATE MISALIGNMENT OF THE JAPANESE YEN. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a proposal for a comprehensive joint United States- European Union plan to address the exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies. (b) Consultations.--The Secretary shall develop the proposal described in subsection (a) in consultation with-- (1) the Board of Governors of the Federal Reserve System; (2) the Council of Economic Advisors; (3) the Secretary of Commerce; and (4) the Secretary of State. (c) Contents.--The proposal described in subsection (a) shall include a commitment to raise the issue of the exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies at each meeting of the G-7 Finance Ministers and each meeting of the G-7 Leaders until the Japanese yen is no longer in exchange-rate misalignment with respect to the United States dollar and other currencies. SEC. 6. CONSULTATIONS WITH JAPAN. Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Council of Economic Advisors, shall initiate consultations with the Government of Japan for the purpose of decreasing the foreign currency reserve holdings of the Government of Japan to permit effective balance of payments adjustments and to eliminate the unfair competitive advantage in international trade. SEC. 7. RESPONSE TO FUTURE CURRENCY INTERVENTION. In the case of a direct or indirect act of currency intervention by the Government of Japan that has the effect of decreasing the rate of exchange of the Japanese yen with respect to the United States dollar to prevent effective balance of payments adjustments or to gain an unfair competitive advantage in international trade, the Secretary shall immediately take action unilaterally, bilaterally, or multilaterally, to dissuade, prevent, or object to such action. SEC. 8. MEETING OF THE INTERNATIONAL MONETARY FUND. The United States shall call for the convening of a special meeting of the International Monetary Fund to reach a multilateral agreement addressing-- (1) the exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies; (2) the destabilizing effects of the exchange-rate misalignment of the Japanese yen; and (3) the excessive foreign currency reserve holdings of the Government of Japan. SEC. 9. REPORT ON PROGRESS. Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on-- (1) the progress made toward decreasing the foreign currency reserve holdings of the Government of Japan; (2) actions taken at meetings of the G-7 Leaders, the G-7 Finance Ministers, and the International Monetary Fund regarding the exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies; and (3) the progress toward eliminating the exchange-rate misalignment of the Japanese yen with respect to the United States dollar and other currencies.

Japan Currency Manipulation Act - Directs the Secretary of the Treasury to report to Congress on: (1) currency intervention by Japan with respect to the rate of exchange of the Japanese yen and the U.S. dollar and other currencies since 2000; and (2) any effort by Japan to create an exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies since March 2004. Requires the Secretary to submit to Congress a proposal for a comprehensive joint U.S.-European Union plan to address the exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies. Directs the Secretary to: (1) initiate consultations with Japan to decrease Japan's foreign currency reserve holdings to permit effective balance of payments adjustments and to eliminate its unfair competitive advantage in international trade; and (2) take appropriate action to dissuade, prevent, or object to currency intervention by Japan. Directs the United States to call for the convening of a special meeting of the International Monetary Fund (IMF) to reach a multilateral agreement regarding: (1) the exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies; (2) the destabilizing effects of the exchange-rate misalignment of the Japanese yen; and (3) Japan's excessive foreign currency reserve holdings. Directs the Secretary to report to Congress on: (1) progress made toward decreasing Japan's foreign currency reserve holdings; and (2) actions taken at meetings of the G-7 Leaders, G-7 Finance Ministers, and the IMF regarding the exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies, including any progress toward eliminating such misalignment.

A bill to address the exchange-rate misalignment of the Japanese yen with respect to the United States dollar, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Equity for Seniors Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than 1 in 8 older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including the medicaid program under title XIX of the Social Security Act, and programs administered by the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Beneficiaries under the medicare program under title XVIII of the Social Security Act are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) Implementation of the policy set forth in this Act is estimated to reduce prescription drug prices for medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering the costs of prescription drugs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the medicare program. (7) Older Americans who are terminally ill and receiving hospice care services represent some of the most vulnerable individuals in our Nation. Making prescription drugs available to medicare beneficiaries under the care of medicare-certified hospices will assist in extending the benefits of lower prescription drug prices to those most vulnerable and in need. (b) Purpose.--The purpose of this Act is to protect medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to medicare beneficiaries at substantially reduced prices. SEC. 3. PARTICIPATING MANUFACTURERS. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by each pharmacy such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy is an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to medicare beneficiaries. (c) Description of Price.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase by a pharmacy is the price equal to the lower of the following: (1) The lowest price paid for the covered outpatient drug by any agency or department of the United States. (2) The manufacturer's best price for the covered outpatient drug, as defined in section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)). SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS. For purposes of determining the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy under section 3, there shall be included in the calculation of such amount the amount of the covered outpatient drug sold or distributed by a pharmacy to a hospice program. In calculating such amount, only amounts of the covered outpatient drug furnished to a medicare beneficiary enrolled in the hospice program shall be included. SEC. 5. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall report to Congress regarding the effectiveness of this Act in-- (1) protecting medicare beneficiaries from discriminatory pricing by drug manufacturers; and (2) making prescription drugs available to medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations that the Secretary considers appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of enactment of this Act, enters into or renews a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (2) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (3) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (4) Hospice program.--The term ``hospice program'' has the meaning given that term under section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.

Prescription Drug Fairness for Seniors Act of 2003 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount of the drug sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price equal to the lower of either the lowest price paid for the drug by the Federal Government or the manufacturer's best price for the drug. Sets forth special provisions with respect to hospice programs.

A bill to provide substantial reductions in the price of prescription drugs for medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Access for SCHIP's Target Population Act of 2007''. SEC. 2. ADDITIONAL ALLOTMENTS TO ADDRESS SCHIP FUNDING SHORTFALLS FOR FISCAL YEAR 2007. (a) In General.--Section 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), as added by section 201(a) of the National Institutes of Health Reform Act of 2006 (Public Law 109-482), is amended-- (1) in the heading for paragraph (2), by striking ``remainder of reduction'' and inserting ``part''; (2) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (3) by inserting after paragraph (3), the following: ``(4) Additional allotments to address fiscal year 2007 funding shortfalls.-- ``(A) Allotment authority.--From the amount made available under subparagraph (F) for additional allotments under this paragraph, subject to subparagraphs (C) and (D), the Secretary shall allot to each remaining shortfall State described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State for fiscal year 2007. ``(B) Remaining shortfall state described.--For purposes of subparagraph (A), a remaining shortfall State is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of the date of the enactment of this paragraph, that the projected Federal expenditures under such plan for the State for fiscal year 2007 will exceed the sum of-- ``(i) the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006; ``(ii) the amount of the State's allotment for fiscal year 2007; and ``(iii) the amounts, if any, that are to be redistributed to the State during fiscal year 2007 in accordance with paragraphs (1) and (2). ``(C) Expenditure rules.-- ``(i) Coverage only for populations eligible on october 1, 2006.--Subparagraph (A) of paragraph (5) shall apply to the expenditure of amounts allotted to remaining shortfall States under this paragraph in the same manner as such subparagraph applies to the expenditure of amounts redistributed under paragraphs (1) and (2) of this subsection. ``(ii) Coverage only for children or pregnant women with income that does not exceed 200 percent of poverty.--A remaining shortfall State shall use amounts allotted under this paragraph only for expenditures for providing child health assistance or other health benefits coverage to an individual who is a child or pregnant woman who is eligible for such assistance or coverage under the State child health plan and whose family income does not exceed 200 percent of the poverty line for a family of the size involved. For purposes of the preceding sentence, a child's or pregnant woman's family income shall be determined solely on the basis of adjusted gross income and without regard to any income or resource methodologies applied under the State child health plan for purposes of determining eligibility under such plan. ``(D) Proration rule.--If the amount available under subparagraph (F) is less than the total amount of the estimated shortfalls determined by the Secretary under subparagraph (A), the amount of the estimated shortfall for each remaining shortfall State determined under such subparagraph shall be reduced proportionally. ``(E) Rule of construction.--Nothing in this subparagraph shall be construed as prohibiting a State from using non-Federal funds to provide child health assistance or other health benefits coverage for individuals who are not described in subparagraph (C)(ii) and paragraph (5)(A) and are otherwise eligible for such assistance or coverage under the State child health plan. ``(F) Appropriation; allotment authority.--For the purpose of providing additional allotments to remaining shortfall States under this paragraph there is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 for fiscal year 2007.''. (b) Additional Conforming Amendments.--Section 2104(h) of such Act (42 U.S.C. 1397dd(h)) (as so added), is further amended-- (1) in paragraph (1)(B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``paragraph (5)(B)'' and inserting ``subparagraph (6)(B)''; and (B) in subparagraph (B), by striking ``paragraph (4)(B)'' and inserting ``paragraph (5)(B)''; (3) in paragraph (6)(A) (as redesignated by subsection (a)(2)), by striking ``and (3)'' and inserting ``(3), and (4)''; and (4) in paragraph (7) (as so redesignated)-- (A) in the first sentence-- (i) by inserting ``or allotted'' after ``redistributed''; and (ii) by inserting ``or allotments'' after ``redistributions''; and (B) in the second sentence, by striking ``and (3) in accordance with paragraph (5)'' and inserting ``(3), and (4) in accordance with paragraph (6)''. SEC. 3. ELIMINATION OF STATE OPTION TO INCREASE CAP AMOUNT ON INDIVIDUALS' EQUITY ASSET TEST FOR ELIGIBILITY FOR LONG- TERM CARE ASSISTANCE UNDER MEDICAID. (a) In General.--Section 1917(f)(1) of the Social Security Act (42 U.S.C. 1396p(f)(1)) is amended by striking subparagraph (B). (b) Conforming Amendments.--Such section is further amended-- (1) in subparagraph (A), by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraph (B)''; (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B), as so redesignated, by striking ``dollar amounts'' and inserting ``dollar amount''. (c) Effective Date.--The amendments made by this section shall apply to individuals who are determined eligible for medical assistance with respect to nursing facility services or other long-term care services based on an application filed on or after the date of the enactment of this section.

Guaranteed Access for SCHIP's Target Population Act of 2007 - Amends title XXI (State Children's Health Insurance (SCHIP) of the Social Security (SSA) Act to provide additional allotments to address SCHIP FY2007 funding shortfalls. Amends SSA title XIX to eliminate the state option to increase cap amount on individual's equity asset test for eligibility for long-term care assistance under Medicaid.

To amend title XXI of the Social Security Act to make available additional amounts to address the funding shortfalls in the State Children's Health Insurance Program for fiscal year 2007.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Presidential Primary and Caucus Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Caucus.--The term ``caucus'' means any convention, meeting, or series of meetings held for the selection of delegates to a national Presidential nominating convention of a political party. (2) Election year.--The term ``election year'' means a year during which a Presidential election is to be held. (3) National committee.--The term ``national committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission. (4) Political party.--The term ``political party'' means an association, committee, or organization which-- (A) nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization; and (B) won electoral votes in the preceding Presidential election. (5) Primary.--The term ``primary'' means a primary election held for the selection of delegates to a national Presidential nominating convention of a political party, but does not include a caucus, convention, or other indirect means of selection. SEC. 3. SCHEDULE. (a) Schedule.-- (1) First election cycle.-- (A) Lottery.--The Election Assistance Commission shall establish procedures for the conduct of a lottery by not later than March 1, 2010, to select which of the 4 regions described in subsection (b) will hold the first primary in accordance with the schedule under subparagraph (B). Based on such selection, the primaries shall be conducted in the following order: (i) In the case where Region I is selected to hold the first primary-- (I) Region II shall hold the second primary; (II) Region III shall hold the third primary; and (III) Region IV shall hold the fourth primary. (ii) In the case where Region II is selected to hold the first primary-- (I) Region III shall hold the second primary; (II) Region IV shall hold the third primary; and (III) Region I shall hold the fourth primary. (iii) In the case where Region III is selected to hold the first primary-- (I) Region IV shall hold the second primary; (II) Region I shall hold the third primary; and (III) Region II shall hold the fourth primary. (iv) In the case where Region IV is selected to hold the first primary-- (I) Region I shall hold the second primary; (II) Region II shall hold the third primary; and (III) Region III shall hold the fourth primary. (B) Schedule.--Subject to paragraph (3), in 2012, each State that elects to hold a primary shall hold a primary in accordance with this Act, according to the following schedule: (i) First primary.--Each such State in the region selected to hold the first primary under subparagraph (A) shall hold a primary during the period beginning on the first Tuesday in March and ending on the sixth day following such Tuesday. (ii) Second primary.--Each such State in the region required to hold the second primary under subparagraph (A) shall hold a primary during the period beginning on the first Tuesday in April and ending on the sixth day following such Tuesday. (iii) Third primary.--Each such State in the region required to hold the third primary under subparagraph (A) shall hold a primary during the period beginning on the first Tuesday in May and ending on the sixth day following such Tuesday. (iv) Fourth primary.--Each such State in the region required to hold the fourth primary under subparagraph (A) shall hold a primary during the period beginning on the first Tuesday in June and ending on the sixth day following such Tuesday. (2) Subsequent election cycles.-- (A) General rule.--Subject to paragraph (3), except as provided in subparagraph (B), in each subsequent election year after 2012, each State in each region that elects to hold a primary shall hold a primary during the period beginning on the first Tuesday of the month following the month in which the State held a primary in the preceding election year (or, in the case where the State did not elect to hold a primary in the preceding election year, the month in which the State would have held a primary if it had elected to do so) and ending on the sixth day following such Tuesday. (B) Limitation.--If the States in a region were required to hold primaries during the period beginning on the first Tuesday in June of the preceding election year and ending on the sixth day following such Tuesday, the States in such region that elect to hold a primary shall hold a primary during the period beginning on the first Tuesday in March of the succeeding election year and ending on the sixth day following such Tuesday. (3) Exception.--The States described in paragraphs (1)(G) and (3)(C) of subsection (b) may hold a primary on a date prior to the beginning of the period described in paragraph (1)(B)(i). In the case where such a State does not elect to hold a primary prior to the beginning of such period, if the State elects to hold a primary, the State shall hold a primary during the period in which the region the State is in (as determined under subsection (b)) is scheduled to hold a primary (as determined under paragraphs (1) and (2)). (b) Regions.--For purposes of subsection (a): (1) Region i.--Region I shall be comprised of the following: (A) Connecticut. (B) Delaware. (C) District of Columbia. (D) Maine. (E) Maryland. (F) Massachusetts. (G) New Hampshire. (H) New Jersey. (I) New York. (J) Pennsylvania. (K) Rhode Island. (L) Vermont. (M) West Virginia. (2) Region ii.--Region II shall be comprised of the following: (A) Alabama. (B) Arkansas. (C) Florida. (D) Georgia. (E) Kentucky. (F) Louisiana. (G) Mississippi. (H) North Carolina. (I) Oklahoma. (J) South Carolina. (K) Tennessee. (L) Texas. (M) Virginia. (3) Region iii.--Region III shall be comprised of the following: (A) Illinois. (B) Indiana. (C) Iowa. (D) Kansas. (E) Michigan. (F) Minnesota. (G) Missouri. (H) Nebraska. (I) North Dakota. (J) Ohio. (K) South Dakota. (L) Wisconsin. (4) Region iv.--Region IV shall be comprised of the following: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Hawaii. (F) Idaho. (G) Montana. (H) Nevada. (I) New Mexico. (J) Oregon. (K) Utah. (L) Washington. (M) Wyoming. (5) Territories.--The national committees shall jointly determine the region of each territory of the United States. SEC. 4. STATE CAUCUS TO SELECT DELEGATES. (a) In General.--Subject to subsection (b), in the case where a State elects to select delegates to a national Presidential nominating convention of a political party through a caucus held by any political party which has the authority to nominate a candidate, the State shall hold a caucus during the period in which the region the State is in (as determined under section 3(b)) is scheduled to hold a primary (as determined under paragraphs (1) and (2) of section 3(a)). (b) Exception.--The States described in paragraphs (1)(G) and (3)(C) of section 3(b) may hold a caucus on a date prior to the beginning of the period described in section 3(a)(1)(B)(i). In the case where such a State does not elect to hold a caucus prior to the beginning of such period, if the State elects to hold a caucus, the State shall hold a caucus during the period in which the region the State is in (as determined under section 3(b)) is scheduled to hold a primary (as determined under paragraphs (1) and (2) of section 3(a)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act-- (1) shall be construed as requiring a State to hold a primary or a caucus for the selection of delegates to a national Presidential nominating convention of a political party; or (2) is intended to confer to the Election Assistance Commission any power concerning the selection of delegates other than that expressly provided under section 3(a)(1)(A). SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to any primary or caucus held in connection with a general election held in the year 2012 and in each election year thereafter.

Regional Presidential Primary and Caucus Act of 2007 - Divides the United States into four regions of specified states (including the District of Columbia) for holding presidential primaries in each presidential election year. Requires four successive presidential primaries in each such year, to be held during the period beginning on the first Tuesday of March, April, May, and June and ending on the sixth day following such Tuesday. Directs the Election Assistance Commission to establish procedures for the conduct of a lottery by March 1, 2010, to select which of four regions will hold the first primary. Sets forth a rule for subsequent election cycles. Provides that, in the case where a state elects to select delegates to a political party's national presidential nominating convention through a caucus, the state shall hold a caucus during the period in which its region is scheduled to hold a primary.

A bill to provide for a rotating schedule for regional selection of delegates to a national Presidential nominating convention, and for other purposes.

SECTION 1. 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. PERMANENT EXTENSION AND INCREASE OF AMERICAN OPPORTUNITY TAX CREDIT. (a) Permanent Extension of Credit; Increase of Credit Amount.-- Section 25A is amended-- (1) by striking ``$1,000'' each place it appears in subsection (b)(1) and inserting ``$2,000'', (2) by striking ``the applicable limit'' in subsection (b)(1)(B) and inserting ``$4,000'', (3) by striking paragraph (4) of subsection (b), (4) by striking ``2 taxable years'' in the heading of subparagraph (A) of subsection (b)(2) and inserting ``4 taxable years'', (5) by striking ``2 prior taxable years'' in subsection (b)(2)(A) and inserting ``4 prior taxable years'', (6) by striking ``2 years'' in the heading of subparagraph (C) of subsection (b)(2) and inserting ``4 years'', (7) by striking ``first 2 years'' in subsection (b)(2)(C) and inserting ``first 4 years'', (8) by striking ``tuition and fees'' in subparagraph (A) of subsection (f)(1) and inserting ``tuition, fees, and course materials'', (9) by striking paragraphs (1) and (2) of subsection (d) and inserting the following new paragraphs: ``(1) Hope scholarship credit.--The amount which would (but for this paragraph) be taken into account under paragraph (1) of subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $80,000 ($160,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.--The amount which would (but for this paragraph) be taken into account under paragraph (2) of subsection (a) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $40,000 ($80,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return).'', (10) by striking ``Dollar limitation on amount of credit'' in the heading of paragraph (1) of subsection (h) and inserting ``Hope scholarship credit'', (11) by striking ``2001'' in subsection (h)(1)(A) and inserting ``2011'', (12) by striking ``the $1,000 amounts under subsection (b)(1)'' in subsection (h)(1)(A) and inserting ``the dollar amounts under subsections (b)(1) and (d)(1)'', (13) by striking ``calendar year 2000'' in subsection (h)(1)(A)(ii) and inserting ``calendar year 2010'', (14) by striking ``If any amount'' and all that follows in subparagraph (B) of subsection (h)(1) and inserting ``If any amount under subsection (b)(1) as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. If any amount under subsection (d)(1) as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.'', (15) by inserting ``of lifetime learning credit'' after ``Income limits'' in the heading of paragraph (2) of subsection (h), (16) by adding at the end of subsection (b) the following new paragraphs: ``(4) Credit allowed against alternative minimum tax.--In the case of a taxable year to which section 26(a)(2) does not apply, so much of the credit allowed under subsection (a) as is attributable to the Hope Scholarship Credit shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this subsection and sections 23, 25D, and 30D) and section 27 for the taxable year. Any reference in this section or section 24, 25, 25B, 26, 904, or 1400C to a credit allowable under this subsection shall be treated as a reference to so much of the credit allowable under subsection (a) as is attributable to the Hope Scholarship Credit. ``(5) Portion of credit made refundable.--40 percent of so much of the credit allowed under subsection (a) as is attributable to the Hope Scholarship Credit (determined after the application of subsection (d)(1) and without regard to this paragraph and section 26(a)(2) or paragraph (4), as the case may be) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.'', and (17) by striking subsection (i). (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) is amended by striking ``25A(i)'' and inserting ``25A(b)''. (2) Section 25(e)(1)(C)(ii) is amended by striking ``25A(i)'' and inserting ``25A(b)''. (3) Section 26(a)(1) is amended by striking ``25A(i)'' and inserting ``25A(b)''. (4) Section 25B(g)(2) is amended by striking ``25A(i)'' and inserting ``25A(b)''. (5) Section 904(i) is amended by striking ``25A(i)'' and inserting ``25A(b)''. (6) Section 1400C(d)(2) is amended by striking ``25A(i)'' and inserting ``25A(b)''. (7) Section 6211(b)(4)(A) is amended by striking ``25A by reason of subsection (i)(6) thereof'' and inserting ``25A by reason of subsection (b)(5) thereof''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. (d) Application of EGTRRA Sunset.--The amendment made by subsection (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates. SEC. 3. PERMANENT EXTENSION OF CERTAIN EGTRRA PROVISIONS RELATING TO EDUCATION. (a) In General.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by sections 401, 402, 411, 412, 413, and 431 of such Act. (b) Conforming Amendment.--Section 222 is amended by striking subsection (e). (c) Effective Date.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2009. SEC. 4. PERMANENT EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) is amended by striking ``during 2002, 2003, 2004, 2005, 2006, 2007, 2008, or 2009'' and inserting ``after 2001''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 5. PERMANENT EXTENSION OF QUALIFIED ZONE ACADEMY BONDS. (a) In General.--Paragraph (1) of section 54E(c) is amended by striking ``and, except as provided in paragraph (4), zero thereafter'' and inserting ``and, except as provided in paragraph (5), $700,000,000 for each calendar year thereafter''. (b) Inflation Adjustment.--Subsection (c) of section 54E is amended by adding at the end the following new paragraph: ``(5) Inflation adjustment.--In the case of any calendar year after 2011, the $700,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under this paragraph is not a multiple of $1,000,000, such increase shall be rounded to the next lowest multiple of $1,000,000.''. (c) Credits Not To Be Stripped.--Section 54E is amended by adding at the end the following new subsection: ``(e) Credits Not To Be Stripped.--Subsection (i) of section 54A shall not apply with respect to any qualified zone academy bond.''. (d) Davis-Bacon Rules Not To Apply to QZABs or School Construction Bonds.--Section 1601 of the American Recovery and Reinvestment Act of 2009 is amended by striking paragraphs (3) and (4), by inserting ``and'' at the end of paragraph (2), and by redesignating paragraph (5) as paragraph (3). (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to obligations issued after December 31, 2010. (2) Davis-bacon rules.--The amendments made by subsection (d) shall apply to obligations issued after the date of the enactment of this Act. SEC. 6. PERMANENT EXTENSION OF SCHOOL CONSTRUCTION BONDS. (a) In General.--Subsection (c) of section 54F is amended-- (1) by striking paragraph (3), (2) by inserting ``and'' at the end of paragraph (1), and (3) by striking ``for 2010, and'' in paragraph (2) and inserting ``thereafter.''. (b) Allocations for Indian Schools.--Paragraph (4) of section 54F(d) is amended by striking ``for calendar year 2010'' and inserting ``for each calendar year after 2009''. (c) Extension of Small Issuer Exception.-- (1) In general.--Clause (vii) of section 148(f)(4)(D) is amended by striking ``$10,000,000'' and inserting ``$15,000,000''. (2) Elimination of egtrra sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 421 of such Act. (d) Credits Not To Be Stripped.--Section 54F is amended by adding at the end the following new subsection: ``(f) Credits Not To Be Stripped.--Subsection (i) of section 54A shall not apply with respect to any qualified school construction bond.''. (e) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010. SEC. 7. PERMANENT EXTENSION AND MODIFICATION OF SECTION 529 RULES. (a) In General.--Clause (iii) of section 529(e)(3)(A) is amended by striking ``in 2009 or 2010''. (b) Ability To Change Investment Options.--Subsection (e) of section 529 is amended by adding at the end the following new paragraph: ``(6) Allowable change of investment options.--A program shall not fail to be treated as meeting the requirements of subsection (b)(4) merely because such program allows a designated beneficiary to change investment options under the plan not more than 4 times per year.''. (c) Effective Dates.-- (1) Extension.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2010. (2) Investment options.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 2009.

Amends the Internal Revenue Code to: (1) increase and make permanent the Hope Scholarship and Lifetime Learning tax credits; (2) make permanent the tax deduction for certain expenses of elementary and secondary school teachers; (3) make permanent the issuance authority for qualified zone academy bonds and qualified school construction bonds; and (4) make permanent provisions of the qualified tuition program allowing payment of computer technology or equipment. Repeals the termination date (i.e., December 31, 2010) of the Economic Growth Tax Relief Reconciliation Act for the education provisions of that Act, including modifications to education individual retirement accounts and qualified tuition programs, employer-provided educational assistance, student loan assistance and forgiveness, arbitrage rebates for government financing of educational facilities, and tax deductions for higher education expenses.

A bill to make permanent certain education tax incentives, to modify rules relating to college savings plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Freedom Protection Act''. SEC. 2. DEFINITIONS. The second sentence of subparagraph (1) of section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)) is amended by inserting ``including a claim to cure, mitigate, treat, or prevent disease,'' after ``for which a claim,''. SEC. 3. MISBRANDED FOOD. Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended-- (1) in subparagraph (1)(B), by striking ``to a disease or a health-related condition'' and inserting ``to the cure, mitigation, treatment, or prevention of any disease or any health-related condition''; (2) in subparagraph (2)-- (A) by amending clause (G) to read as follows: ``(G) Publications of the United States Government shall not be subject to this subparagraph, subparagraph (3), or subparagraph 5(D). The Secretary shall take no action under this Act to restrict, limit, or impede the reprinting and distribution or sale of any publication of the United States Government (including ones published by or at the request of any department, agency, institute, center, or academy and including content characterizing the relationship of any nutrient to the cure, mitigation, treatment, or prevention of any disease). The Secretary shall not construe the distribution or sale of a publication of the United States Government in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.''; and (B) by amending clause (H) to read as follows: ``(H) Accurate quotations from a publication of the United States Government referred to in clause (G) shall not be subject to this subparagraph, subparagraph (3), or subparagraph 5(D). The Secretary shall take no action under this Act to restrict, limit, or impede the use of accurate quotations from a United States Government publication that characterize the relationship of any nutrient to the cure, mitigation, treatment, or prevention of any disease. The Secretary shall not construe accurate quotations from a United States Government publication used in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.''; (3) in subparagraph (3), by adding at the end the following: ``(E) The Secretary shall allow with reasonable and concise disclaimers not to exceed three sentences claims of the type described in subparagraph (1)(B) not authorized under this subparagraph or subparagraph (5)(D) unless the Secretary determines that-- ``(i) there is no scientific evidence that supports the claim; and ``(ii) the claim is inherently misleading and incapable of being rendered nonmisleading through the addition of a disclaimer. The Secretary shall not use tests of consumer perception of product health benefits as a basis for a determination under subclause (ii). The Secretary shall bear the burden of proof by clear and convincing evidence on each element of this clause. ``(F) The Secretary shall not exclude studies concerning the treatment effects of nutrients on disease from the evaluation of any health claims under this subparagraph or subparagraph (1)(B) or (5)(D). ``(G) Notwithstanding any other provision of law, a member of an advisory committee under this Act may not, with respect to service on a committee evaluating a claim of the type described in subparagraph (1)(B), be granted an exemption under section 208(b) of title 18, United States Code (relating to personal financial interests). ``(H) Notwithstanding any prior decisions of the Secretary concerning the relationship of saw palmetto to benign prostatic hyperplasia, the relationship of omega-3 fatty acids and coronary heart disease, the relationship of omega-3 fatty acids and sudden death heart attack, the relationship of glucosamine or chondroitin sulfate and osteoarthritis, or the relationship of calcium and bone fractures, the following health claims are authorized for use on labels and in the labeling of all foods and dietary supplements containing those nutrients: ``(i) Saw Palmetto may improve urine flow, reduce nocturia and reduce voiding urgency associated with mild benign prostatic hyperplasia (an enlarged prostate). ``(ii) Omega-3 Fatty Acids may reduce the risk of coronary heart disease. ``(iii) Omega-3 Fatty Acids may reduce the risk of sudden death heart attack. ``(iv) Glucosamine may reduce joint stiffness and pain associated with osteoarthritis. ``(v) Chondroitin Sulfate may reduce joint stiffness and pain associated with osteoarthritis. ``(vi) Glucosamine and Chondroitin Sulfate may reduce joint stiffness and pain associated with osteoarthritis. ``(vii) Calcium may reduce the risk of bone fractures.''; (4) in subclause (i) of subparagraph (4)(A)-- (A) in the first sentence, by striking ``or (3)(B)'' and inserting ``, (3)(B), or (3)(E)''; and (B) by striking ``Not later than 100 days'' and all that follows through the end of subclause (i) and inserting ``The Secretary shall promulgate regulations authorizing or denying claims under subparagraph (3)(B), shall publish notice of claims allowed or disallowed under subparagraph (3)(C) or (3)(E) no later than 100 days after the petition for such claims is received by the Secretary, and shall not seek or grant any extensions of that deadline. Any failure by the Secretary to act within the 100-day period described in the preceding sentence shall result in authorization or allowance, as applicable, of the petitioned claim by operation of law.''; and (5) in the matter following clause (C) in subparagraph (6), by adding at the end the following ``A statement for a dietary supplement under this subparagraph may include words that are recognized as signs or symptoms of disease or that among their commonly understood meanings imply the cure, mitigation, treatment, or prevention of disease so long as the statement does not include the name of a specific disease and is made in compliance with the requirements of clause (C). A statement for a dietary supplement under this subparagraph may in support of the statement refer to or cite a scientific publication that has a title or contents that include the name of a specific disease or a sign or symptom of a specific disease.''. SEC. 4. DIETARY SUPPLEMENT LABELING EXEMPTIONS. Section 403B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2) is amended to read as follows: ``food and dietary supplement labeling exemption ``Sec. 403B. A truthful and nonmisleading scientific publication reprinted in its entirety and used in connection with the sale of a food or dietary supplement to consumers shall not be defined as labeling and shall not be deemed evidence of an intent to sell a drug. The Secretary shall not restrict in any way whatsoever the distribution of any publication exempt from labeling under this section.''. SEC. 5. HEALTH INFORMATION. Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end the following: ``(o) Advertising of Dietary Supplements and Dietary Ingredients.-- ``(1) Definitions.--In this subsection: ``(A) Dietary supplement.--The term `dietary supplement' has the meaning given to that term in section 201(ff) of the Federal Food, Drug, and Cosmetic Act. ``(B) Dietary ingredient.--The term `dietary ingredient' means an ingredient listed in clause (A) through (F) of section 201(ff)(1) of the Federal Food, Drug, and Cosmetic Act that is included in, or that is intended to be included in, a dietary supplement. ``(2) Exemptions from regulation as advertising.-- ``(A) Insofar as a publication is exempt pursuant to Section 403B of the Federal Food, Drug, and Cosmetic Act, the publication is also exempt from regulation as `advertising' under this Act. ``(B) A truthful and accurate summary of the findings of a peer-reviewed medical, nutritional, or other scientific publication shall not be subject to regulation as `advertising' under this Act. ``(3) No implied claims.--In any investigation commenced by the Commission and in any adjudicative proceeding in which the Commission is a party, the Commission shall not attribute to an advertiser accused of false advertisement any advertising statement not actually made by that advertiser. ``(4) Notice, opportunity to cure, and burden of proof for investigation.-- ``(A) Before the Commission authorizes an investigation of false advertisement by an advertiser of a dietary supplement or a dietary ingredient, the Commission shall send the advertiser a written `Notice of Suspected Violation and Opportunity to Cure' informing the advertiser of-- ``(i) the precise advertising statement that the Commission suspects may be false or misleading; ``(ii) the scientific basis for the Commission's view that any statement of health benefit may be false or misleading; and ``(iii) a date certain, not less than 30 days after the date of the advertiser's receipt of the notice, by which the advertiser may voluntarily discontinue further use of the statement the Commission suspects may be false or misleading and, upon so doing, the advertiser shall not be subject to an investigation of false advertisement by the Commission for the statement. ``(B) The Commission shall not commence any investigation of an advertiser of a dietary supplement or a dietary ingredient to determine whether the advertiser has disseminated a false advertisement unless it possesses before the commencement of such investigation proof by a preponderance of the evidence that the advertisement is false and misleading. ``(5) Burden of proof for false advertisement cases.--In any proceeding before a Court or the Commission in which an advertiser of a dietary supplement or a dietary ingredient is charged with deceptive advertising, the burden of proof shall be on the Commission to establish that the advertisement is false and misleading and that the advertisement actually causes consumers to be misled into believing to be true that which is demonstrably false. No order adverse to the advertiser shall be entered except upon the Commission satisfying that burden of proof.''.

Health Freedom Protection Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide that a food or dietary supplement is not a drug solely because the label or labeling contains a claim to cure, mitigate, treat, or prevent disease. Prohibits the Secretary of Health and Human Services from: (1) restricting the reprinting and distribution or sale of any U.S. government publication or any accurate quotations of such a publication, including content concerning nutrients and disease treatment or prevention; or (2) construing the distribution or sale of, or accurate quotation from, such a publication in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug. Requires the Secretary to allow claims on food or nutrient labeling that characterize the relationship of a nutrient to the cure, mitigation, treatment, or prevention of a disease (with no more than a three-sentence disclaimer) unless the Secretary proves by clear and convincing evidence that: (1) there is no scientific evidence that supports the claim; and (2) the claim is inherently misleading and incapable of being rendered nonmisleading through the addition of a disclaimer. Authorizes the use of specified health claims on the label of all foods and dietary supplements, including claims related to saw palmetto, omega-3 fatty acids, glucosamine, and calcium. Allows a statement for a dietary supplement to include words that are recognized as signs or symptoms of disease so long as the statement does not include the name of a specific disease. Amends the Federal Trade Commission Act to exempt from being regulated as advertising: (1) government publications exempted from reprinting or distribution restrictions under FFDCA; or (2) accurate summaries of scientific publications. Places the burden of proof that an advertisement for a dietary supplement or ingredient is false and misleading on the Federal Trade Commission.

To amend the Federal Food, Drug, and Cosmetic Act concerning foods and dietary supplements, to amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Overdose Reduction Act of 2018''. SEC. 2. PURPOSE. The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``health care professional'' means a person licensed by a State to prescribe prescription drugs; (2) the term ``opioid overdose drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term ``opioid overdose program'' means a program operated by a local health department, community-based organization, substance abuse treatment organization, law enforcement agency, fire department, other first responder department, or voluntary association or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by in part providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to an individual in a position to assist another individual at risk of experiencing an opioid overdose. SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State Regarding Nonapplicability.--Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if-- (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation-- (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO PROVIDE OPIOID OVERDOSE DRUGS. (a) Limitation on Liability.-- (1) In general.--Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated in accordance with paragraph (2) about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (2) Education requirements.--For purposes of paragraph (1), an individual who has been educated in accordance with this paragraph shall have been trained on-- (A) when to administer the opioid overdose drug; (B) how to administer the opioid overdose drug; and (C) the steps that need to be taken after administration of the opioid overdose drug. (b) Exception.--Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE PROGRAM. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception.--Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if-- (1) the individual who administers the opioid overdose drug-- (A) obtained the drug from a health care professional or as part of an opioid overdose program; or (B) is doing so pursuant to a prescription for an opioid overdose drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262); and (2) was educated in accordance with section 5(a)(2) by the health care professional or an opioid overdose program. (b) Exception.--Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.

Opioid Overdose Reduction Act of 2018 This bill limits an individual's civil liability for harm caused by the emergency administration of an opioid overdose reversal drug (e.g., naloxone) if the individual is one of the following: a licensed health care professional who prescribes or provides the drug to an individual who was educated on its administration; an employee or volunteer at an opioid overdose program who provides the drug, as part of such program, to an authorized recipient who administers it; or an individual who administers the drug after obtaining it from a health care professional or as part of an opioid overdose program, or administers it pursuant to a prescription, and was educated on its administration. This bill preempts an inconsistent state law that provides less protection from civil liability related to the administration of opioid overdose reversal drugs.

Opioid Overdose Reduction Act of 2018

SECTION 1. TREATMENT OF CERTAIN AMOUNTS RECEIVED BY A COOPERATIVE TELEPHONE COMPANY. (a) Nonmember Income.-- (1) In general.--Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end thereof the following new subparagraph: ``(E) In the case of a mutual or cooperative telephone company (hereafter in this subparagraph referred to as the `cooperative'), 50 percent of the income received or accrued directly or indirectly from a nonmember telephone company for the performance of communication services by the cooperative shall be treated for purposes of subparagraph (A) as collected from members of the cooperative for the sole purpose of meeting the losses and expenses of the cooperative.'' (2) Certain billing and collection service fees not taken into account.--Subparagraph (B) of section 501(c)(12) of such Code is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end thereof the following new clause: ``(v) from billing and collection services performed for a nonmember telephone company.'' (3) Conforming amendment.--Clause (i) of section 501(c)(12)(B) of such Code is amended by inserting before the comma at the end thereof ``, other than income described in subparagraph (E)''. (4) Effective date.--The amendments made by this subsection shall apply to amounts received or accrued after December 31, 1992. (5) No inference as to unrelated business income treatment of billing and collection service fees.--Nothing in the amendments made by this subsection shall be construed to indicate the proper treatment of billing and collection service fees under part III of subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to taxation of business income of certain exempt organizations). (b) Treatment of Certain Investment Income of Mutual or Cooperative Telephone Companies.-- (1) In general.--Paragraph (12) of section 501(c) of such Code (relating to list of exempt organizations) is amended by adding at the end thereof the following new subparagraph: ``(F) In the case of a mutual or cooperative telephone company, subparagraph (A) shall be applied without taking into account reserve income (as defined in section 512(d)(2)) if such income, when added to other income not collected from members for the sole purpose of meeting losses and expenses, does not exceed 35 percent of the company's total income. For the purposes of the preceding sentence, income referred to in subparagraph (B) shall not be taken into account.'' (2) Portion of investment income subject to unrelated business income tax.--Section 512 of such Code is amended by adding at the end thereof the following new subsection: ``(d) Investment Income of Certain Mutual or Cooperative Telephone Companies.-- ``(1) In general.--In determining the unrelated business taxable income of a mutual or cooperative telephone company described in section 501(c)(12)-- ``(A) there shall be included, as an item of gross income derived from an unrelated trade or business, reserve income to the extent such reserve income, when added to other income not collected from members for the sole purpose of meeting losses and expenses, exceeds 15 percent of the company's total income, and ``(B) there shall be allowed all deductions directly connected with the portion of the reserve income which is so included. For purposes of the preceding sentence, income referred to in section 501(c)(12)(B) shall not be taken into account. ``(2) Reserve income.--For purposes of paragraph (1), the term `reserve income' means income-- ``(A) which would (but for this subsection) be excluded under subsection (b), and ``(B) which is derived from assets set aside for the repair or replacement of telephone system facilities of such company.'' (3) Effective date.--The amendments made by this subsection shall apply to amounts received or accrued after December 31, 1992.

Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment. Provides for the tax treatment of account reserve income that does not exceed a specified percentage of the company's total income. Subjects a portion of such investment income to unrelated business income tax.

To amend the Internal Revenue Code of 1986 to provide for the treatment of certain amounts received by cooperative telephone companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Our Veterans with Chronic Pain and Opioid Addiction Act of 2016''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Many veterans and their families have been affected by the national opioid epidemic caused in part by the prescription of opioid medication to manage pain. (2) Prescription opioid overdose rates for veterans receiving medical care furnished by the Department of Veterans Affairs are twice the national average. (3) More than 50 percent of veterans receiving such care are suffering from chronic pain. (4) Almost one in three veterans receiving such care are prescribed opioids to manage pain. (5) Many veterans prescribed opioids for the management of chronic pain are at risk of developing a dependency on opioids. (6) Many veterans receive health care from both the Department and community providers but the lack of care coordination among the Department and community providers when veterans receive purchased care places veterans at risk for poor health outcomes and results in inefficient use of finite health care resources. (7) Veteran-centric care coordination is associated with improved patient outcomes, as Department and non-Department health care teams coordinate and collaborate to provide the best care for veterans. (b) Sense of Congress.--It is the sense of Congress that-- (1) veterans suffering from opioid dependency should receive timely access to treatment and social services at Department of Veterans Affairs facilities or through qualified community providers and should have care and services managed and coordinated by the Department of Veterans Affairs; (2) veterans who are authorized by the Secretary of Veterans Affairs to receive opioid addiction treatment in the community must not lose the high quality, safety, care coordination, and other veteran-centric elements that the health care system of the Department of Veterans Affairs provides; and (3) if the Secretary purchases care for veterans from a community provider, such care must be secured in a cost- effective manner, in a way that complements the larger health care system of the Department by using industry standards for care and costs. SEC. 3. PILOT PROGRAM TO IMPROVE TREATMENT FOR VETERANS SUFFERING FROM OPIOID ADDICTION AND CHRONIC PAIN. (a) In General.--Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a pilot program under which the Secretary provides health and social services and coordination of care and case management to covered veterans in need of treatment for opioid addiction and chronic pain through facilities of the Department and through qualified non- Department health care providers. (b) Program Locations.-- (1) In general.--The pilot program shall be carried out within at least five areas within different States. (2) Selection.-- (A) In general.--The Secretary shall select five States with Department medical facilities to participate in the pilot program. Each of the five Department facilities selected shall be located in States that demonstrate-- (i) the need for additional resources to provide health care services, including mental health, chronic pain management and social services to veterans in need of treatment for opioid abuse based upon the community assessment in subsection (a) of this section; (ii) demographic, population, and census data showing the highest rates per capita of opioid addiction in the United States or greater demand in the veteran patient population than capacity in facilities of the Department for treatment for opioid addiction; and (iii) lack of sufficient Department capacity to meet the demand of all patients in need of treatment for opioid addiction. (B) Other requirements.--In addition to the requirements in subparagraph (A), not fewer than four of the five selected States shall include-- (i) at least one highly rural county, as determined by the Secretary upon consideration of the most recent decennial census with the highest per capita rate of opioid addiction; (ii) an urban county as determined by the Secretary upon consideration of the most recent decennial census with the largest population per capita of opioid addiction; (iii) a county as determined by the Secretary in a State with one of the highest statistically significant drug and opioid overdose death rate increases from 2013 to 2014 according to the Centers for Disease Control and Prevention and a low expenditure of funding per capita on substance abuse treatment in comparison to other States; and (iv) a county as determined by the Secretary in a State with a high rate per capita of veterans diagnosed with chronic pain and prescribed prescription opioids. (c) Provision of Services Through Contract.--The Secretary may provide health care services to veterans under the pilot program by entering into contracts with non-Department health care providers which are qualified to provide such services, as determined by the Secretary. (d) Exchange of Medical Information.--In conducting the pilot program under this section, the Secretary shall develop and use a functional capability to provide for the exchange of appropriate medical information between the Department and any non-Department provider with which the Secretary enters into a contract under subsection (c). (e) Report.--Not later than the 30 days after the end of each year in which the pilot program under this section is conducted, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report which includes-- (1) the assessment of the Secretary of the pilot program during the preceding year, including its cost, volume, quality, patient satisfaction, benefit to veterans, and such other findings and conclusions with respect to the pilot program as the Secretary considers appropriate; and (2) such recommendations as the Secretary considers appropriate regarding-- (A) the continuation of the pilot program; (B) extension of the pilot program to additional Veterans Integrated Service Networks of the Department; and (C) making the pilot program permanent. (f) Covered Veteran.--In this section, the term ``covered veteran'' means a veteran who-- (1) is enrolled in the system of patient enrollment established under section 1705(a) of title 38, United States Code, as of the date of the commencement of the pilot program under subsection (a)(2); (2) is eligible for health care under section 1710(e)(3)(C) of title 38, United States Code; or (3) is determined by the Secretary to be in need of treatment for opioid addiction and chronic pain. (g) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is three years after the date of the commencement of the pilot program. SEC. 4. ASSESSMENT OF DEPARTMENT AND NON-DEPARTMENT CAPABILITIES TO TREAT OPIOID DEPENDENCY AND ENSURE ACCESS TO NEEDED HEALTH CARE SERVICES. (a) Assessment of Department Capabilities.--The Secretary shall conduct an assessment of the capabilities of the Department of Veterans Affairs, using such data, including demographic data and patient access data, as the Secretary determines necessary to provide-- (1) health care services related to the treatment of opioid dependency and abuse, including mental health, opioid agonist treatment, social services, and non-opioid chronic pain management necessary for treating opioid addiction nationally, regionally, and locally; (2) management of chronic pain without the long-term use of opioids, including alternative therapies such as physical therapy, chiropractic care, acupuncture, massage, exercise programs, and other such evidence-based and experimental treatments; (3) evidence-based methods for safely reducing the dose and duration of the prescription of opioids for patients; (4) methods by which health care services are coordinated by the Department when care is provided by community providers; and (5) the manner by which the Department ensures placement of veterans in need of treatment for opioid dependency in treatment programs within a clinically sufficient time period according to published practice guidelines for the treatment of patients with opioid dependency. (b) Assessment of Non-Department Capabilities.--In addition to the assessment required under subsection (a), the Secretary shall concurrently conduct an assessment of community providers to provide health care, mental health, social services, and alternative chronic pain management treatments necessary for the treatment of veterans diagnosed with an opioid addiction and for the treatment of veterans suffering from chronic pain. (c) Community Providers.--In this section, the term ``community provider'' means a non-Department of Veterans Affairs health care provider or social services provider determined by the Secretary as capable of providing health care services related to the treatment of opioid dependency and abuse, including mental health, opioid agonist treatment, social services, and non-opioid chronic pain management. (d) Report.--At the conclusion of the assessments conducted under this section, and not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a comprehensive summary of the results of the assessments, including any implementation plans resulting from such assessments, and any recommendations for ways to better enable the Department to provide health care services within the programs and facilities of the Department and in coordination with community providers to veterans needing treatment for pain management and opioid addiction. SEC. 5. INCREASED ACCESS TO NALOXONE AND OTHER TREATMENTS FOR REVERSING OPIOID OVERDOSE. (a) In General.--The Secretary of Veterans Affairs shall require all appropriate health care facilities of the Department of Veterans Affairs, and all Vet Centers and other Department facilities providing mental health and social services to veterans, to have a supply of naloxone or other medication for reversing opioid overdose. (b) Training on Use of Medication.--The Secretary shall ensure that all appropriate employees of the Department who are employed at facilities referred to in subsection (a) receive training on the administration of naloxone or other medication for reversing opioid overdose.

Helping Our Veterans with Chronic Pain and Opioid Addiction Act of 2016 This bill requires the Department of Veterans Affairs (VA) to conduct a three-year pilot program to provide health and social services and coordination of care and case management to covered veterans in need of treatment for opioid addiction and chronic pain through VA facilities and through qualified non-VA health care providers. A "covered veteran" is a veteran who is enrolled in the veterans' health care system and eligible for hospital, nursing home, and domiciliary care under such system. The pilot program shall be carried out in at least five different states with VA medical facilities that demonstrate: (1) the need for additional resources to provide health care services to veterans for opioid abuse, (2) the highest rates per capita of opioid addiction in the United States, and (3) a lack of sufficient VA capacity to meet the demand for such treatment. Under such program, the VA: (1) may enter into contracts with non-VA providers to provide health care services to veterans,  and (2) shall provide for the exchange of medical information between the VA and any such provider. The VA shall conduct concurrent assessments of its capabilities and the capabilities of community providers to provide health care services for the treatment of veterans with opioid dependency abuse or chronic pain. The VA shall: (1) require all appropriate VA health care facilities and all VA facilities providing mental health and social services to veterans to have a supply of naloxone or other medication for reversing opioid overdose, and (2) ensure that all appropriate employees at such facilities receive training on the administration of such medication.

Helping Our Veterans with Chronic Pain and Opioid Addiction Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act''. SEC. 2. ARCHITECTURAL DESIGN COMPETITION. (a) Commission.-- (1) Establishment.--There is established a commission to be composed of 7 members appointed by the Secretary of the Interior, of whom-- (A) two shall be selected from among persons who represent the Saint Louis, Missouri, community; (B) two shall be selected from among persons who represent the East Saint Louis, Illinois, community; (C) two shall be selected from among persons who represent the Department of the Interior; and (D) one shall be selected from among disinterested persons who are experts in the area of architectural design, and who shall serve as the professional advisor to the Commission. (2) Appointment of members.--The Secretary shall appoint the members of the commission not later than 90 days after the date of enactment of this Act. (3) Terms.--Members shall be appointed for the life of the commission. (4) Vacancies.--Any vacancy in the commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Chairperson and vice chairperson.--The commission shall select a Chairperson and Vice Chairperson from among the members of the commission. (6) Meetings.-- (A) Initial meeting.--The Secretary shall schedule and call the first meeting not later than 30 days after the date on which all members of the commission have been appointed. (B) Subsequent meetings.--The commission shall meet at the call of the Chairperson. (7) Compensation of members.--Members of the commission shall serve without compensation, except that members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the commission. (8) Staff.-- (A) In general.--The Chairperson of the commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the commission to perform its duties. The employment of an executive director shall be subject to confirmation by the commission. (B) Compensation.--The Chairperson 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. (9) Detail of government employees.--Any Federal Government employee may be detailed to the commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (10) Procurement of temporary and intermittent services.-- The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (11) Powers of the commission.-- (A) Information from federal agencies.--The commission may secure directly from any Federal department or agency such information as the commission considers necessary to carry out this Act. Upon request of the Chairperson, the head of such department or agency shall furnish such information to the commission. (B) 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. (C) Gifts.--The commission may accept, use, and dispose of gifts or donations of services or property. (b) Architectural Competition.--The commission shall conduct an architectural competition to solicit design proposals for a museum to be built on the East Saint Louis portion of the Jefferson National Expansion Memorial. The member of the Commission appointed pursuant to subsection (a)(1)(D) shall organize, manage, and direct the competition, identify potential jurors, and appoint jurors, with the approval of the commission. (c) Study.--The commission shall conduct a study into possible funding mechanisms for the development, construction, and maintenance of the museum identified in subsection (b). (d) Report.--Not later than 18 months after the date of enactment of this Act, the commission shall submit a report, with recommendations, to the President and Congress. The report shall contain a detailed statement of the findings and conclusions of the commission with respect to the museum and possible funding mechanisms. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $300,000 to carry out this Act.

East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act - Establishes a commission to: (1) conduct an architectural competition to solicit design proposals for a museum to be built on the East Saint Louis portion of the Jefferson National Expansion Memorial; and (2) study and report to the President and the Congress on possible funding mechanisms for the development, construction, and maintenance of the museum. Authorizes appropriations.

East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rare Disease Fund Act'' or the ``RaD Fund Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) That biomedicine is far more advanced today than even a decade ago is indisputable, but breakthroughs require years of translational research at a cost of hundreds of millions of dollars per trial and have a substantial likelihood of failure. (2) The drug development pipeline is laden with unfavorable probabilities. On average, for every 5,000-10,000 compounds that enter the drug discovery pipeline, just 250 progress to preclinical development--and only one will become an approved drug. (3) Biotech and life sciences traditional financing vehicles of private and public equity are becoming less effective funding sources because the needs and expectations of limited partners and shareholders are not consistent with the increasing complexity, risk, and duration of biomedical innovation. (4) Industry professionals frequently refer to the ``Valley of Death''--a steadily widening funding and resource gap that currently exists between basic research and clinical development, effectively limiting the field of potential novel therapies, technologies, and treatments for patients. (5) The life sciences industry needs novel approaches to early-stage drug development that better manage risk, lower capital cost, improve research effectiveness, create diverse portfolios, leverage risk-tolerant capital, and access new capital sources. (6) One solution is to implement a financial structure in which a large number of biomedical programs are funded by a single entity to substantially diversify the portfolio and thereby reduce risk. The entity can use securitization to finance its activities by issuing debt, which opens up a much larger pool of capital for investment. (7) This approach involves two components: (A) Creating large diversified portfolios, called ``megafunds'', consisting of biomedical products at all stages of development; and (B) Structuring the financing for these portfolios as combinations of equity and securitized debt. Diversification reduces risk, so that an entity can issue debt and equity, rather than the equity-only investments typically made by venture capital. (8) A simulation conducted by researchers at MIT suggested that a modest megafund model could be successfully implemented for rare diseases (e.g., rare genetic disorders, pediatric cancers, and orphan diseases) with as few as ten compounds and only $400 million in capital. (9) A rare disease therapeutics fund could serve as a viable pilot project, while minimizing governmental exposure. (10) In addition to appealing to traditional biotech VC investors, megafund investments may be attractive to pension funds, insurance companies, and other large institutional investors. (11) The Food and Drug Administration (FDA) may grant the orphan designation for therapies being studied for a rare disease or condition affecting fewer than 200,000 people in the United States, which reduces costs and provides financial incentives to encourage development of such therapies. SEC. 3. RARE DISEASE THERAPEUTICS CORPORATION. (a) Establishment.--The Director of the National Institutes of Health shall organize under the laws of a State a corporation to be know as the ``Rare Disease Therapeutics Corporation'' (hereinafter in this Act referred to as the ``Corporation''). (b) Purpose.--The purpose of the Corporation shall be to purchase rights to, fund the development of, and, once developed, sell ownership interests in rare disease therapeutics. (c) Privatization of the Corporation.-- (1) In general.--As soon as practicable after the establishment of the Corporation, the Director shall sell equity stock in the Corporation to investors. (2) Government stake.-- (A) In general.--Notwithstanding paragraph (1), the board of directors of the Corporation and the Director may enter into an agreement under which the National Institutes of Health maintains an ownership interest in the Corporation in exchange for the National Institutes of Health providing the Corporation with intellectual property or other assistance, such as medicinal chemistry, toxicology, and high throughput screening services. (B) Limit on government stake.--The amount of any ownership interest maintained by the National Institutes of Health pursuant to subparagraph (A) may not exceed 25 percent of the equity stock of the Corporation. (3) Prohibition on dividends.--The Corporation may not pay dividends on the equity stock of the Corporation. (4) Board of directors.--At all times, two of the members of the board of directors of the Corporation shall be chosen as follows: (A) One member chosen by the Director. (B) One member chosen by the Secretary of the Treasury. (d) Sale of Ownership Interests.-- (1) In general.--The Corporation-- (A) may sell a rare disease therapy owned by the Corporation at any time; and (B) shall sell any rare disease therapy owned by the Corporation prior to the commencement of a phase 3 study (as such term is defined in section 312.21(b) of title 21, Code of Federal Regulations (or any successor regulations)). (2) Sale requirements.--In any sale of a rare disease therapy, the Corporation shall make such sale through an open and transparent process and on commercially reasonable terms. (e) Funding Through Bond Issuances.-- (1) In general.--The Corporation shall issue one or more classes of bonds, with a maturity of no more than 12 years and carrying such interest as the Corporation determines appropriate: (A) Guaranteed bonds.--The Corporation shall issue a class of bonds that is guaranteed by the United States. (B) Unguaranteed bonds.--The Corporation may issue one or more classes of bonds that are backed by the Corporation, but are not guaranteed by the United States. (2) Debt-to-equity ratio of guaranteed bonds.--The Corporation may not issue any guaranteed bond pursuant to paragraph (1)(A) if the issuance of such bond would cause the Corporation to exceed a debt-to-equity ratio of 1 to 1. (3) Guarantee fee.--The Corporation shall pay the Treasury a guarantee fee, which shall be set by the Secretary of the Treasury in an amount equal to the anticipated cost to the Treasury in guaranteeing bonds of the Corporation under paragraph (1)(A). (f) Treatment Under the Securities Laws.--For purposes only of the securities laws-- (1) securities of the Corporation shall be deemed to be securities that are not issued or guaranteed by the Government; and (2) the National Institutes of Health shall be deemed to not be an instrumentality of the Government. (g) Corporation Not Guaranteed by the United States.--Except as provided under subsection (e)(1)(A), the full faith and credit of the United States shall not be pledged to the Corporation or any security of the Corporation. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Director such sums as may be necessary to establish the Corporation and complete the privatization of the Corporation. (i) Sunset.--The Corporation shall terminate after the end of the 18-month period following the later of-- (1) the date on which the last bond issued under subsection (e) matures; and (2) the date on which the Corporation receives the final payment for the sale of the rare disease therapeutics owned by the Corporation. SEC. 4. RARE DISEASE THERAPEUTICS CORPORATION SCIENCE ADVISORY COUNCIL. (a) Establishment.--There is established within the National Institutes of Health an advisory council to be known as the ``Rare Disease Therapeutics Corporation Science Advisory Council''. (b) Members.--The members of the Advisory Council shall be selected by the Director. (c) Purpose.--The purpose of the Advisory Council shall be to advise the Corporation on the purchase, sale, and development of rare disease therapeutics. (d) Disclosure of Certain Employment.--Each member of the Advisory Council shall disclose each company, partnership, or other entity with respect to which the member is an officer or director. (e) Sunset.--The Advisory Council shall terminate on the date that the Corporation terminates. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Rare disease therapeutics.--The term ``rare disease therapeutics'' means a compound, biologic, medical device, or companion diagnostic that has been designated as a therapy for a rare disease or condition pursuant to section 526 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb). (2) Advisory council.--The term ``Advisory Council'' means the Rare Disease Therapeutics Corporation Advisory Council established under section 4(a). (3) Corporation.--The term ``Corporation'' means the Rare Disease Therapeutics Corporation established under section 3(a). (4) Director.--The term ``Director'' means the Director the National Institutes of Health. (5) Securities laws.--The term ``securities laws'' has the meaning given that term under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

Rare Disease Fund Act or the RaD Fund Act This bill requires the National Institutes of Health (NIH) to organize the Rare Disease Therapeutics Corporation to purchase rights to, fund the development of, and sell ownership interests in drugs, biological products, and medical devices for rare diseases. The NIH must sell stock in the corporation to investors as soon as practicable. The corporation and the NIH may enter into an agreement under which the NIH maintains an ownership interest in the corporation in exchange for providing the corporation with intellectual property or other assistance. The corporation is prohibited from paying dividends on its stock. The corporation must sell its interest in a rare disease therapy prior to the therapy entering large-scale clinical trials. The corporation must issue bonds guaranteed by the United States and may issue bonds backed by the corporation. For purposes of securities laws, the securities of the corporation are not issued or guaranteed by the federal government. The bill establishes within the NIH the Rare Disease Therapeutics Corporation Science Advisory Council to advise the corporation on the purchase, sale, and development of rare disease therapies.

RaD Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Fair Treatment Act of 2001''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended-- (1) by striking ``On the initiative'' and inserting ``(a) Duty of the Secretary.--On the initiative''; and (2) by adding at the end thereof the following: ``(c) Specific Practices.--For purposes of subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include each of the following: ``(1) Access to fares.--The failure of an air carrier or foreign air carrier to provide a consumer full access to all fares for air transportation provided by the air carrier or foreign air carrier, regardless of the technology or other method the consumer uses to access the fares. ``(2) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(3) Pricing policies.--Any action of an air carrier or foreign air carrier-- ``(A) to prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for 1-way travel instead of round-trip travel); or ``(B) to assess an additional fee on or charge to-- ``(i) such a person; or ``(ii) any ticket agent that sold the air transportation to such person. ``(4) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons constituting just causes for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE, RIGHT OF EGRESS. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall issue regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In issuing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before issuing regulations under paragraph (1), the Secretary shall consult with the Surgeon General. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. (b) Conforming Amendment.--The analysis for chapter 417 of such title is amended by adding at the end the following: ``41722. Airline passenger rights.''.

Airline Passenger Fair Treatment Act of 2001 - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation. Extends such prohibition to any action of an air carrier or foreign air carrier that: (1) fails to provide a consumer full access to all fares for air transportation provided by them, regardless of the technology or other method the consumer uses to access the fares; (2) fails to provide an air carrier passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary; or (3) prohibits a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using air transportation purchased only for one-way travel instead of round-trip travel), or assesses an additional fee on or charge to such person or ticket agent that sold the air transportation to such person.Prohibits an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a ticket agent's appointment, from failing to provide the ticket agent with: (1) written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) at least 60 days to correct any deficiency claimed in such notice. Exempts a carrier from this requirement only in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.Revises the preemption of State, local, and regional law or regulation related to a price, route, or level of service for air transportation provided by an air carrier. Limits the preemption to any such law or regulation that would directly prescribe a price, route, or level of service.Directs the Secretary of Transportation to issue regulations to establish minimum Federal standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying at least 30 passengers.Bars an air carrier or foreign air carrier from preventing or hindering (including by failing to assist) a passenger from exiting an aircraft if: (1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; (2) such aircraft has remained at the gate more than one hour past its scheduled departure time; and (3) the aircraft captain has not been informed by air traffic control authorities that such aircraft can be cleared for departure within 15 minutes.

To establish a national policy of basic consumer fair treatment for airline passengers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible and Effective Solutions for Children Using and Entering Online Services Act of 2007''. SEC. 2. DATA RELATING TO CRIMES OF CHILD EXPLOITATION. Section 227(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(b)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following new paragraph: ``(3) Contents of report.-- ``(A) A provider of electronic communication services or remote computing services described in paragraph (1) who makes a report under that paragraph shall, to the extent possible, include in such report information related to the facts and circumstances of such report that is reasonably available to the provider, and that the provider considers to be reliable information, which may include-- ``(i) any identifying information of the person who is the subject of the report, including-- ``(I) a user identification or other online identifier; ``(II) an electronic mail address; ``(III) a website address; or ``(IV) a uniform resource locator; ``(ii) information pertaining to the geographic location of the person, website, or URL involved in the alleged incident, which may include-- ``(I) street address; ``(II) telephone number; ``(III) area code; ``(IV) ZIP code; or ``(V) Internet Protocol address; ``(iii) any image of apparent child pornography that is the subject of the report; ``(iv) the dates and times of the incident of apparent child pornography, which may include when images were uploaded, transmitted, reported, or discovered; and ``(v) if not registered with the National Center for Missing and Exploited Children, accurate contact information for such provider, including address, telephone number, facsimile number, electronic mail address, and an individual point of contact for such provider. ``(B) A provider of electronic communication services or remote computing services who makes a report under paragraph (1) and provides information in good faith compliance shall not be considered in violation of this section.''; (3) by amending paragraph (4) (as so redesignated by paragraph (1) of this subsection) to read as follows: ``(4) State, local, and international referrals.--In addition to forwarding such reports to those agencies designated in paragraph (2), the National Center for Missing and Exploited Children is authorized to forward any such report to an appropriate official of a State or subdivision of a State for the purpose of enforcing State criminal law, or to an appropriate official of a foreign law enforcement agency that-- ``(A) is willing to reciprocally refer such reports to law enforcement authorities in the United States; ``(B) is a signatory to the Council of Europe Convention on Cybercrime or a Mutual Legal Assistance Treaty with the United States; ``(C) has set forth a legal basis to use the materials for purposes of investigating, or engaging in enforcement proceedings related to, possible violations of foreign laws related to child pornography and child exploitation similar to practices prohibited by sections 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, United States Code, involving child pornography (as defined in section 2256 of that title), or 1466A of that title; ``(D) has set forth a bona fide legal basis for the foreign law enforcement agency's authority to maintain the material in confidence; and ``(E) is not from a foreign state that the Secretary of State has determined, in accordance with section 6(i) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(i)), has repeatedly provided support for acts of international terrorism, unless and until such determination is rescinded pursuant to section 6(i)(4) of that Act (50 U.S.C. App. 2405(i)(4)).''; and (4) by adding at the end the following new paragraph: ``(6) Duty to preserve evidence.--The Attorney General shall designate necessary staff members, as specified by the Attorney General, who are assigned to work full-time at the National Center for Missing and Exploited Children on reports of child pornography to have responsibility for issuing preservation requests under section 2703(f) of title 18, United States Code, to a provider of electronic communication services or remote computing services to preserve any records or other information related to the facts or circumstances used by such provider to make a report under paragraph (1) which has been referred for investigation to an Internet Crimes Against Children Task Force in the jurisdiction of such law enfocement agency. Such preservation request may be issued related to-- ``(A) a report to the Cyber Tip Line made by a provider of electronic communication services or remote computing services pursuant to paragraph (1); or ``(B) a report to the Cyber Tip Line made by a member of the public or a provider of electronic communication services or remote computing services, if the circumstances are such that the provider of electronic communication services or remote computing services reasonably believes that an emergency involving the immediate danger or serious physical injury to any child justifies preservation.''. SEC. 3. ENHANCED IMMUNITY TO ENCOURAGE REPORTING BY PROVIDERS. Section 227(c) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(c)) is amended to read as follows: ``(c) Limited Liability.--No civil claim or criminal charge may be brought in Federal or State court against any provider of electronic communication services or remote computer services on account of any action taken in good faith by such provider to comply with or pursuant to this section.''. SEC. 4. USE OF INFORMATION BY THE NCMEC. Section 227(f) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(f)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragaph (1) the following new paragraph: ``(2) Use of information to combat child pornography.--The National Center for Missing and Exploited Children is authorized to provide elements relating to any image, including the image itself, or other relevant information reported to its Cyber Tipline in accordance with this section, to any provider of electronic communication services or remote computing services for the purposes described in subparagraphs (A) and (B), if such provider provides an assurance that such elements shall be used by the provider only for the following purposes: ``(A) To permit such provider to stop the further transmission of child pornography images. ``(B) To develop technologies to prevent and detect child pornography. ``(C) To develop industry best practices related to the prevention and detection of child pornography.''. SEC. 5. ADDITIONAL PROVISIONS. Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(c)) is further amended by adding at the end the following new subsections: ``(h) State Preemption.--Any law, regulation, provision, or action of any State that requires any person to notify another person, governmental agency, or other entity regarding images of child pornography or of child sexual exploitation displayed or transmitted on the Internet, or under which liability is imposed on any person for failure to notify another person, a governmental agency, or other entity regarding such images shall be preempted. ``(i) Reports to Congress.-- ``(1) Annual report by the attorney general.--The Attorney General of the United States shall submit to Congress, and make publicly available on the website of the Department of Justice, an annual report containing-- ``(A) the number of-- ``(i) investigations by Federal, State, and local law enforcement agencies of crimes of sexual exploitation against children that are initiated by a report made to the National Center for Missing and Exploited Children under subsection (b)(1); ``(ii) prosecutions resulting from investigations by Federal, State, and local law enforcement agencies of crimes of sexual exploitation against children initiated by such a report; ``(iii) convictions resulting from prosecutions by Federal, State, and local authorities of crimes of sexual exploitation against children initiated by such a report; and ``(iv) convictions of repeat offenders initiated by such a report; ``(B) descriptions of sentences given to persons convicted as a result of investigations initiated by such a report; ``(C) the length of time between initiation and completion of investigations, prosecutions, and convictions initiated by such a report; ``(D) the results of investigation initiated by such a report, including whether a closed investigation was reopened, the reasons an investigation was reopened (if applicable), and the ultimate result of the investigation. ``(2) Annual verification report by the inspector general.--The Inspector General of the Department of Justice shall submit to Congress, and make publicly available on the website of the Department of Justice, an independent verification of the report submitted by the Attorney General in accordance with paragraph (1).''. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 180 days after the date of the enactment of this Act.

Responsible and Effective Solutions for Children Using and Entering Online Services Act of 2007 - Amends the Victims of Child Abuse Act of 1990 to: (1) specify the types of information that providers of electronic communication or remote computing services (providers) should include, if available, in reports of apparent child pornography violations; (2) authorize the National Center for Missing and Exploited Children (NCMEC) to forward provider reports to appropriate state, local, and foreign law enforcement agencies; (3) grant immunity from criminal prosecution (in addition to civil immunity) to providers who comply in good faith with child pornography reporting requirements; (4) authorize NCMEC to provide images of child pornography to providers to assist them in stopping the further transmission of child pornography images and in developing technologies and best practices to prevent and detect child pornography; and (5) preempt state laws that impose notification and liability provisions pertaining to child pornography on the Internet.

To improve the collection and use of data related to crimes of child exploitation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Equity Act of 2000''. SEC. 2. CERTAIN GRANTS BY PRIVATE FOUNDATIONS TO QUALIFIED HEALTH BENEFIT PURCHASING COALITIONS. (a) In General.--Section 4942 of the Internal Revenue Code of 1986 (relating to taxes on failure to distribute income) is amended by adding at the end the following: ``(k) Certain Qualified Health Benefit Purchasing Coalition Distributions.-- ``(1) In general.--For purposes of subsection (g) and section 4945(d)(5), a qualified health benefit purchasing coalition distribution by a private foundation shall be considered to be a distribution for a charitable purpose. ``(2) Qualified health benefit purchasing coalition distribution.--For purposes of paragraph (1)-- ``(A) In general.--The term `qualified health benefit purchasing coalition distribution' means any amount paid by a private foundation to or on behalf of a qualified health benefit purchasing coalition (as defined in section 9841) for purposes of payment or reimbursement of start-up costs paid or incurred in connection with the establishment and maintenance of such coalition. ``(B) Exclusions.--Such term shall not include any amount used by a qualified health benefit purchasing coalition (as so defined)-- ``(i) for the purchase of real property, ``(ii) as payment to, or for the benefit of, members (or employees or affiliates of such members) of such coalition, or ``(iii) for start-up costs paid or incurred more than 24 months after the date of establishment of such coalition. ``(3) Termination.--This subsection shall not apply-- ``(A) to qualified health benefit purchasing coalition distributions paid or incurred after December 31, 2008, and ``(B) with respect to start-up costs of a coalition which are paid or incurred after December 31, 2010.''. (b) Effective Date.--The amendment made by this subsection shall apply to qualified health benefit purchasing coalition distributions, as defined in section 4942(k)(2) of the Internal Revenue Code of 1986, as added by subsection (a), paid in taxable years beginning after December 31, 2000. SEC. 3. SMALL BUSINESS HEALTH PLAN TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45D. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a small employer (as defined in section 4980D(d)(2)), the employee health insurance expenses credit determined under this section for the taxable year is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is-- ``(1) in the case of insurance purchased as a member of a qualified health benefit purchasing coalition (as defined in section 9841), 25 percent, and ``(2) in the case of insurance not described in paragraph (1), 20 percent. ``(c) Per Employee Dollar Limitation.-- ``(1) In general.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed the sum of the monthly limitations for coverage months of such employee during such taxable year. ``(2) Monthly limitation.--The monthly limitation for each coverage month during the taxable year is equal to \1/12\ of-- ``(A) $2,000 in the case of self-only coverage, and ``(B) $5,000 in the case of family coverage. ``(3) Coverage month.--For purposes of this subsection, the term `coverage month' means, with respect to an individual, any month if-- ``(A) as of the first day of such month such individual is covered by the taxpayer's new health plan, and ``(B) the premium for coverage under such plan for such month is paid by the taxpayer. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if-- ``(i) the total amount of wages paid or incurred by such employer with respect to such employee for the taxable year exceeds $10,000, and ``(ii) the employee is not a highly compensated employee. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee' shall include-- ``(i) an employee within the meaning of section 401(c)(1), and ``(ii) a leased employee within the meaning of section 414(n). ``(C) Exclusion of certain employees.-- ``(i) In general.--If a plan-- ``(I) prescribes minimum age and service requirements as a condition of coverage, and ``(II) excludes all employees not meeting such requirements from coverage, then such employees shall be excluded from consideration for purposes of this paragraph. ``(ii) Collective bargaining agreement.-- For purposes of this paragraph, there shall be excluded from consideration employees who are included in a unit of employees covered by an agreement between employee representatives and one or more employers, if there is evidence that health insurance benefits were the subject of good faith bargaining between such employee representatives and such employer. ``(iii) Limits on minimum requirements.-- Rules similar to the rules of section 410(a) shall apply with respect to minimum age and service requirements under clause (i). ``(D) Wages.--The term `wages'-- ``(i) has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section), and ``(ii) in the case of an employee described in subparagraph (B)(i), includes the net earnings from self-employment (as defined in section 1402(a) and as so determined). ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid or incurred by an employer during the applicable period for health insurance coverage provided under a new health plan to the extent such amount is attributable to coverage provided to any employee who is not a highly compensated employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(D) New health plan.--For purposes of this paragraph, the term `new health plan' means any arrangement of the employer which provides health insurance coverage to employees if-- ``(i) such employer (or predecessor employer) did not establish or maintain such arrangement (or any similar arrangement) at any time during the 2 taxable years ending prior to the taxable year in which the credit under this section is first allowed, and ``(ii) such arrangement covers at least 70 percent of the qualified employees of such employer who are not otherwise covered by health insurance. ``(E) Applicable period.--For purposes of subparagraph (A), the applicable period with respect to an employer shall be the 4-year period beginning on the date such employer establishes a new health plan. ``(3) Highly compensated employee.--The term `highly compensated employee' means an employee who for the preceding year had compensation from the employer in excess of $75,000. ``(e) Certain rules made applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Disallowance of Deduction.--No deduction shall be allowed for that portion of the qualified employee health insurance expenses for the taxable year which is equal to the amount of the credit determined under subsection (a). ``(g) Termination.--This section shall not apply to expenses paid or incurred by an employer with respect to any arrangement established on or after January 1, 2009.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the employee health insurance expenses credit determined under section 45D.'' (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(9) No carryback of section 45d credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.'' (d) Clerical Amendment.--The table of sections for 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: ``Sec. 45D. Employee health insurance expenses.'' (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2000, for arrangements established after the date of the enactment of this Act. SEC. 4. QUALIFIED HEALTH BENEFIT PURCHASING COALITION. (a) In General.--Chapter 100 of the Internal Revenue Code of 1986 (relating to group health plan requirements) is amended by adding at the end the following new subchapter: ``Subchapter D--Qualified Health Benefit Purchasing Coalition ``Sec. 9841. Qualified health benefit purchasing coalition. ``SEC. 9841. QUALIFIED HEALTH BENEFIT PURCHASING COALITION. ``(a) In General.--A qualified health benefit purchasing coalition is a private not-for-profit corporation which-- ``(1) is licensed to provide health insurance in the State in which the employers to which such coalition is providing insurance is located, and ``(2) establishes to the Secretary, under State certification procedures or other procedures as the Secretary may provide by regulation, that such coalition meets the requirements of this section. ``(b) Board of Directors.-- ``(1) In general.--Each purchasing coalition under this section shall be governed by a Board of Directors. ``(2) Election.--The Secretary shall establish procedures governing election of such Board. ``(3) Membership.--The Board of Directors shall-- ``(A) be composed of small employers and employee representatives of such employers, but ``(B) not include other interested parties, such as service providers, health insurers, or insurance agents or brokers which may have a conflict of interest with the purposes of the coalition. ``(c) Membership of Coalition.-- ``(1) In general.--A purchasing coalition-- ``(A) shall accept all small employers residing within the area served by the coalition as members if such employers request such membership, and ``(B) may accept any other employers residing with such area. ``(2) Voting.--Members of a purchasing coalition shall have voting rights consistent with the rules established by the State. ``(d) Duties of Purchasing Coalitions.--Each purchasing coalition shall-- ``(1) enter into agreements with employers to provide health insurance benefits to employees of such employers, ``(2) enter into agreements with 3 or more unaffiliated, qualified licensed health plans, to offer benefits to members, ``(3) offer to members at least 1 open enrollment period per calendar year, ``(4) serve a significant geographical area, and ``(5) carry out other functions provided for under this section. ``(e) Limitation on Activities.--A purchasing coalition shall not-- ``(1) perform any activity (including certification or enforcement) relating to compliance or licensing of health plans, ``(2) assume insurance or financial risk in relation to any health plan, or ``(3) perform other activities identified by the State as being inconsistent with the performance of its duties under this section. ``(f) Additional Requirements For Purchasing Coalitions.--As provided by the Secretary in regulations, a purchasing coalition shall be subject to requirements similar to the requirements of a group health plan under this chapter. ``(g) Definition of Small Employer.--The term `small employer' has the meaning given such term by section 4980D(d)(2).''. (b) Conforming Amendment.--The table of subchapters for chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following item: ``Subchapter D. Qualified health benefit purchasing coalition.''.

Provides for the establishment of qualified health benefit purchasing coalitions which shall enter into agreements with small business employers to provide health benefits to employees of such employers.

Health Insurance Equity Act of 2000

SECTION 1. ENTRIES OF CERTAIN FIBERBOARD. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem for the entries of fiberboard of a density exceeding 0.8 grams per cubic centimeter described in subsection (d). (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry 231-1422078-5........................ 04/12/01 231-1422080-1........................ 04/12/01 231-1422086-8........................ 04/12/01 231-1422235-1........................ 04/28/01 231-1422466-2........................ 05/23/01 231-1422506-5........................ 05/29/01 231-3015920-7........................ 03/27/01 231-3015994-2........................ 04/02/01 231-3015996-7........................ 04/02/01 231-3015999-1........................ 04/02/01 231-3016000-7........................ 04/02/01 231-3016042-9........................ 04/04/01 231-3016044-5........................ 04/04/01 231-3016058-5........................ 04/04/01 231-3016074-2........................ 04/06/01 231-3016081-7........................ 04/06/01 231-3016080-9........................ 04/06/01 231-3016086-6........................ 04/06/01 231-3016096-5........................ 04/09/01 231-3016213-6........................ 04/17/01 231-3016283-9........................ 04/20/01 231-3016292-0........................ 04/23/01 231-3016294-6........................ 04/23/01 231-3016318-3........................ 04/23/01 231-3016351-4........................ 04/25/01 231-3016356-3........................ 04/26/01 231-3016357-1........................ 04/26/01 231-3016363-9........................ 04/26/01 231-3016448-8........................ 05/02/01 231-3016463-7........................ 05/03/01 231-3016466-0........................ 05/04/01 231-3016471-0........................ 05/04/01 231-3016518-8........................ 05/08/01 231-3016561-8........................ 05/11/01 231-3016565-9........................ 05/11/01 231-3016619-4........................ 05/16/01 231-3016668-1........................ 05/19/01 231-3016670-7........................ 05/19/01 231-3016693-9........................ 05/21/01 231-3016705-1........................ 05/22/01 231-3016706-9........................ 05/22/01 231-3016707-7........................ 05/22/01 231-3016728-3........................ 05/23/01 231-3016748-1........................ 05/24/01 231-3016799-4........................ 05/30/01 231-3016802-6........................ 05/30/01 231-3016850-5........................ 06/04/01 231-3016851-3........................ 06/04/01 231-3016864-6........................ 06/04/01 231-3016875-2........................ 06/05/01 231-3016916-4........................ 06/08/01 231-3016934-7........................ 06/11/01 231-3016935-4........................ 06/11/01 231-3016964-4........................ 06/12/01 231-3017005-5........................ 06/15/01 231-3017013-9........................ 06/15/01 231-3017061-8........................ 06/19/01 231-3017062-6........................ 06/19/01 231-3017097-2........................ 06/21/01 231-3017116-0........................ 06/22/01 231-3017123-6........................ 06/25/01 231-3017124-4........................ 06/25/01 231-3017159-0........................ 06/26/01 231-3017161-6........................ 06/26/01 231-3017162-4........................ 06/26/01 231-3017163-2........................ 06/26/01 231-3017186-3........................ 06/27/01 231-3017223-4........................ 06/30/01 231-3017262-2........................ 07/03/01 231-3017267-1........................ 07/03/01 231-3017269-7........................ 07/03/01 231-3017273-9........................ 07/05/01 231-3017290-3........................ 07/06/01 231-3017297-8........................ 07/06/01 231-3017304-5........................ 07/09/01 231-3017331-5........................ 07/10/01 231-3017332-3........................ 07/10/01 231-3017335-6........................ 07/10/01 231-3017349-7........................ 07/11/01 231-3017370-3........................ 07/12/01 231-3017389-3........................ 07/13/01 231-3017403-2........................ 07/16/01 231-3017418-0........................ 07/17/01 231-3017422-2........................ 07/17/01 231-3017468-5........................ 07/20/01 231-3017513-8........................ 07/24/01 231-3017553-4........................ 07/27/01 231-3017567-4........................ 07/28/01 231-3017581-5........................ 07/30/01 231-3017610-2........................ 07/31/01 231-3017611-0........................ 07/31/01 231-3017616-9........................ 08/01/01 231-3017638-3........................ 08/02/01 231-3017642-5........................ 08/03/01 231-3017670-6........................ 08/06/01 231-3017672-2........................ 08/06/01 231-3017705-0........................ 08/09/01 231-3017722-5........................ 08/10/01 231-3017772-0........................ 08/14/01 231-3017799-3........................ 08/14/01 231-3017806-6........................ 08/15/01 231-3018085-6........................ 09/07/01 231-3017945-2........................ 08/28/01 231-3017808-2........................ 08/17/01 231-3017893-4........................ 08/23/01

Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to fiberboard.

A bill to provide for the liquidation or reliquidation of certain entries relating to fiberboard entered in April through August, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Medic Corpsmen Physician Assistant Demonstration Program Act of 2010''. SEC. 2. PHYSICIAN ASSISTANT MILITARY PATHWAYS PROGRAM. (a) In General.--Subject to the availability of appropriations provided for such purpose, the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, the Secretary of Defense, and the Secretary of Health and Human Services, shall establish a program in accordance with this section to examine methods of enabling eligible individuals to build on medical skills gained through military jobs by entering into the physician assistant workforce to meet the demand for physician assistants. (b) Study.--In carrying out the program, the Secretary shall conduct a study that includes examination of the following: (1) Whether the demonstration projects carried out under subsection (c) are effective in improving the ability of eligible individuals to become licensed physician assistants, and what modifications to the demonstration projects are necessary to meet that goal. (2) Ways of bringing the demonstration projects carried out under subsection (c) to the attention of eligible individuals, including through information provided to eligible individuals by-- (A) the Department of Defense transition program known as the Transition Assistance Program, carried out under section 1144 of title 10, United States Code; and (B) the Department of Labor veterans transition program carried out under chapter 41 of title 38, United States Code. (3) Whether eligible individuals participating in a demonstration project carried out under subsection (c) are receiving the educational support services they need in order to complete their physician assistant education and obtain certification, and what further steps the Secretary should take in order to ensure that those eligible individuals have access to such support services. (4) Whether the program established under this section could serve as a model for new programs to assist eligible individuals in obtaining certification in other health care fields. (c) Grants for Demonstration Projects.-- (1) In general.--The Secretary shall award grants, on a competitive basis, to eligible entities to carry out demonstration programs in accordance with this subsection. (2) Use of funds.-- (A) In general.--An eligible entity receiving a grant under this subsection shall use funds from such grant to establish a demonstration program that enables eligible individuals to receive academic credit from an accredited physician assistant program based on the military credentials and medical skills experience of the eligible individual. (B) Priority admission.--In admitting eligible individuals into a demonstration program carried out with funds received under this subsection, an eligible entity shall give priority to eligible individuals who serve or have served as a paramedic or other similar medical support position in the Armed Forces. (C) Examination eligibility requirement.--An eligible entity shall ensure that an eligible individual participating in a demonstration program carried out with funds received under this section is eligible to take the Physician Assistant National Certifying Exam administered by the National Commission on Certification of Physician Assistants upon completion of the program. (3) Application.--To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (A) information demonstrating-- (i) the capability of the eligible entity to work with eligible individuals; (ii) a history of effective collaboration between the eligible entity and-- (I) health care employers; and (II) State medical licensing boards, as appropriate; and (B) an assurance that the eligible entity will participate in any evaluations by the Secretary of the demonstration program carried out with funds received under this subsection, including participating in reporting as required by the Secretary. (4) Selection criteria.--The Secretary shall establish selection criteria for eligible entities consistent with this subsection, and shall ensure that the criteria give priority to eligible entities showing the ability to sustain a demonstration program developed under this subsection after the expiration of the grant period. (d) Technical Assistance.--The Secretary shall provide technical assistance to eligible entities receiving grants under this subsection. (e) Report.-- (1) In general.--Not later than one year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to the appropriate committees of Congress and Federal agencies a report on the findings and outcomes of the program carried out under this section. (2) Contents.--The Secretary shall include in each report submitted under this subsection-- (A) the results of the study conducted under subsection (b); and (B) information pertaining to each eligible entity receiving a grant under subsection (c) regarding the number of eligible individuals referred to, accepted into, and graduating from, the demonstration program carried out by the eligible entity. (3) Distribution.--The Secretary shall distribute a report submitted under this subsection to veterans' service organizations and State medical licencing boards. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible individual.--The term ``eligible individual'' means an individual with medical or health professional experience gained while serving in the Armed Forces who-- (A) has received a certificate, associate degree, baccalaureate degree, master's degree, or post- baccalaureate training in a science relating to health care; (B) has participated in the delivery of health care services or related medical services, including participation in military training relating to the identification, evaluation, treatment, and prevention of disease and disorders; and (C) does not have-- (i) a degree of doctor of medicine; (ii) a degree of doctor of osteopathy; or (iii) a degree of doctor of dentistry. (2) Eligible entity.--The term ``eligible entity'' means an institution of higher education with a physician assistant program that is accredited by the Accreditation Review Commission on Education for the Physician Assistant. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 2012 through 2016.

Veteran Medic Corpsmen Physician Assistant Demonstration Program Act of 2010 - Directs the Secretary of Veterans Affairs (VA) to establish a program to examine methods of enabling individuals with military medical or health professional work experience to build on such skills by entering into the physician assistant workforce. Outlines study requirements. Requires: (1) the Secretary to award grants to institutions of higher education with accredited physician assistant programs to carry out demonstration projects under the program; and (2) such institutions to give priority to individuals who serve or have served in the Armed Forces as a paramedic or other similar medical support position.

To direct the Secretary of Veterans Affairs to establish a program to assist military medics and corpsmen in making transitions to civilian physician assistant jobs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Iraq Oil Trust Act of 2008''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that-- (1) the people of Iraq should benefit directly from a share of the revenues generated by the hydrocarbon resources of their country; and (2) the United States Government should present a plan and provide capacity and economic assistance for the implementation of an Iraq oil trust. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the future of Iraq's oil reserves remains at the heart of political reconciliation in Iraq; (2) ensuring that individual Iraqis benefit directly from hydrocarbon revenues is critical to promoting reconciliation and facilitating sustainable stability in Iraq; (3) the development and implementation of an oil trust could provide significant benefits to Iraq and its citizens, including by-- (A) helping to demonstrate the values at the heart of democratic governance by giving Iraqi citizens a direct stake in the responsible and transparent management of the hydrocarbon resources of Iraq and the use and distribution of hydrocarbon revenues; (B) helping to diffuse the degree and concentration of control of the revenues generated from hydrocarbon resources, thereby reducing the opportunity for and magnitude of corruption; (C) facilitating ``bottom-up'' private sector development, which will be critical to Iraq's future prosperity and economic diversity, by putting revenues from the oil resources of Iraq directly in the hands of its citizens; (D) helping to alleviate the incentive for smuggling or sabotage by providing individual citizens a direct stake in the amount of Iraqi oil that is legally produced and sold; (E) contributing to sustainable security by providing individuals monetary-resource alternatives to cooperating with militias, extremists, and other extra- legal entities; (F) providing additional income directly to individual citizens, thereby stimulating entrepreneurship and reducing the reliance on the ability of the central and provincial governments to deliver basic services and execute their budgets; and (G) serving as a model for revenue distribution to other resource-rich countries in the Middle East; and (4) the United States should provide assistance to Iraq for implementation of an oil trust. SEC. 4. UNITED STATES ASSISTANCE TO IRAQ. (a) Purpose.--The purpose of this section is to stipulate limitations on United States assistance to Iraq for reconstruction purposes. (b) Limitation.-- (1) In general.--Unless the Secretary of State submits to the appropriate congressional committees the certification described in subsection (c) within 90 days after the date of the enactment of this Act, 10 percent of United States assistance described in paragraph (4) that is otherwise available to Iraq through the Economic Support Fund shall be withheld. (2) Additional withholding of funds.--An additional 10 percent of United States assistance described in paragraph (4) that is otherwise available to Iraq through the Economic Support Fund shall be withheld for each additional 30 days after funds are withheld under paragraph (1) until the Secretary of State makes the certification described in subsection (c). (3) Release of withheld funds.--Any funds withheld under paragraphs (1) and (2) shall be made available upon submission by the Secretary of State of the certification described in subsection (c). (4) Covered assistance.--The assistance referred to in paragraphs (1) and (2) are the following funds: (A) Provincial Reconstruction Development Council Funds. (B) Operations and Maintenance Sustainment. (C) Targeted Development Program. (c) Certification.--The certification referred to in subsection (b) is a certification submitted by the Secretary of State to the appropriate congressional committees that-- (1) certifies that representatives of the United States Government have presented to Government of Iraq representatives an oil trust plan that includes-- (A) background on oil trusts, including those currently used by sovereign nations or territories and states within nations; and (B) options for different types of oil trusts that could be implemented in Iraq; and (2) includes a discussion on the steps necessary to implement an oil trust. SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (a) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (b) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.

Support for Iraq Oil Trust Act of 2008 - Withholds specified percentages of Economic Support Fund assistance for Iraq unless the Secretary of State certifies within specified time periods to the appropriate congressional committees that U.S. government representatives have presented an oil trust plan to Iraqi government representatives.

A bill to require United States Government representatives to present to the Government of Iraq a plan to establish an oil trust.

SECTION 1. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION AND HIS FAMILY. (a) Findings.--The Congress finds that: (1) Francis Marion was born in 1732 in St. John's Parish, Berkeley County, South Carolina. He married Mary Esther Videau on April 20th, 1786. Francis and Mary Esther Marion had no children, but raised a son of a relative as their own, and gave the child Francis Marion's name. (2) Brigadier General Marion commanded the Williamsburg Militia Revolutionary force in South Carolina and was instrumental in delaying the advance of British forces by leading his troops in disrupting supply lines. (3) Brigadier General Marion's tactics, which were unheard of in rules of warfare at the time, included lightning raids on British convoys, after which he and his forces would retreat into the swamps to avoid capture. British Lieutenant Colonel Tarleton stated that ``as for this damned old swamp fox, the devil himself could not catch him''. Thus, the legend of the ``Swamp Fox'' was born. (4) His victory at the Battle of Eutaw Springs in September of 1781 was officially recognized by Congress. (5) Brigadier General Marion's troops are believed to be the first racially integrated force fighting for the United States, as his band was a mix of Whites, Blacks, both free and slave, and Native Americans. (6) As a statesman, he represented his parish in the South Carolina senate as well as his State at the Constitutional Convention. (7) Although the Congress has authorized the establishment of commemorative works on Federal lands in the District of Columbia honoring such celebrated Americans as George Washington, Thomas Jefferson, and Abraham Lincoln, the National Capital has no comparable memorial to Brigadier General Francis Marion for his bravery and leadership during the Revolutionary War, without which the United States would not exist. (8) Brigadier General Marion's legacy must live on. At present, and since 1878, United States Reservation 18 has been officially referred to as Marion Park. Located between 4th and 6th Streets, S.E., at the intersection of E Street and South Carolina Avenue, S.E., in Washington, DC, the park lacks a formal commemoration to this South Carolina hero who was important to the initiation of the Nation's heritage. (9) The time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of Brigadier General Marion's contributions. Such a South Carolina hero deserves to be given the proper recognition. (b) Authority to Establish Commemorative Work.--The Marion Park Project, a committee of the Palmetto Conservation Foundation, may establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion and his service. (c) Compliance With Standards for Commemorative Works.--The commemorative work authorized by subsection (b) shall be established in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act). (d) Use of Federal Funds Prohibited.--Federal funds may not be used to pay any expense of the establishment of the commemorative work authorized by subsection (b). The Marion Park Project, a committee of the Palmetto Conservation Foundation, shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of that commemorative work. (e) Deposit of Excess Funds.--If, upon payment of all expenses of the establishment of the commemorative work authorized by subsection (b) (including the maintenance and preservation amount provided for in section 8906(b) of title 40, United States Code), or upon expiration of the authority for the commemorative work under chapter 89 of title 40, United States Code, there remains a balance of funds received for the establishment of that commemorative work, the Marion Park Project, a committee of the Palmetto Conservation Foundation, shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of such title. (f) Definitions.--For the purposes of this section, the terms ``commemorative work'' and ``the District of Columbia and its environs'' have the meanings given to such terms in section 8902(a) of title 40, United States Code. Passed the House of Representatives July 24, 2006. Attest: KAREN L. HAAS, Clerk.

Authorizes the Marion Park Project, a committee of the Palmetto Conservation Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion. Prohibits the use of federal funds to pay any expense of its establishment. Makes the Marion Park Project solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of such commemorative work.

To authorize the Marion Park Project, a Committee of the Palmetto Conservation Foundation, to establish a commemorative work on Federal land in the District of Columbia, and its environs to honor Brigadier General Francis Marion.

SEC. 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Seven-Year Balanced Budget Enforcement Act of 1995''. (b) Purpose.--This Act extends and reduces the discretionary spending limits and extends the pay-as-you-go requirements. SEC. 2. DISCRETIONARY SPENDING LIMITS. (a) Limits.--Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F), by redesignating subparagraph (E) as subparagraph (A) and by striking ``and'' at the end of that subparagraph, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) with respect to fiscal year 1996, for the discretionary category: $________ in new budget authority and $________ in outlays; ``(C) with respect to fiscal year 1997, for the discretionary category: $________ in new budget authority and $________ in outlays; ``(D) with respect to fiscal year 1998, for the discretionary category: $________ in new budget authority and $________ in outlays; ``(E) with respect to fiscal year 1999, for the discretionary category: $________ in new budget authority and $________ in outlays; ``(F) with respect to fiscal year 2000, for the discretionary category: $________ in new budget authority and $________ in outlays; ``(G) with respect to fiscal year 2001, for the discretionary category: $________ in new budget authority and $________ in outlays; and ``(H) with respect to fiscal year 2002, for the discretionary category: $________ in new budget authority and $________ in outlays;''. (b) Committee Allocations and Enforcement.--Section 602 of the Congressional Budget Act of 1974 is amended-- (1) in subsection (c), by striking ``1995'' and inserting ``2002'' and by striking its last sentence; and (2) in subsection (d), by striking ``1992 to 1995'' in the side heading and inserting ``1996 to 2002'' and by striking ``1992 through 1995'' and inserting ``1996 through 2002''. (c) Term of Budget Resolutions.--Section 606 of the Congressional Budget Act of 1974 is amended-- (1) in the sideheading of subsection (a), by striking ``5- Year'' and inserting ``Term of''; (2) in subsection (a), by striking ``1992, 1993, 1994, or 1995'' and inserting ``1996 or any fiscal year thereafter through 2002'' and by inserting ``at least'' before ``each''; and (3) in subsection (d)(1), by striking ``1992, 1993, 1994, and 1995'' and inserting ``1996 or any fiscal year thereafter through 2002'', and by striking ``(i) and (ii)''. (d) Effective Date.--Section 607 of the Congressional Budget Act of 1974 is amended by striking ``1991 to 1998'' and inserting ``1996 to 2002''. (e) Sequestration Regarding Violent Crime Reduction Trust Fund.-- (1) Section 251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (B), (C), and (D) and its last sentence and inserting the following: ``(B) For fiscal year 1996, $______. ``(C) For fiscal year 1997, $______. ``(D) For fiscal year 1998, $______. ``(E) For fiscal year 1999, $______. ``(F) For fiscal year 2000, $______.''. (2) Section 310002 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) is repealed. SEC. 3. GENERAL STATEMENT AND DEFINITIONS. (a) General Statement.--Section 250(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the first sentence and inserting the following: ``This part provides for the enforcement of deficit reduction by reducing and extending the discretionary spending limits though fiscal year 2002 and permanently extending pay-as-you-go requirements.''. (b) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking paragraph (4) and inserting the following: ``(4) The term `category' means-- ``(A) For fiscal years 1996 through 2000, all discretionary appropriations except those subject to section 251A; and ``(B) For fiscal year 2001 and any subsequent fiscal year, all discretionary appropriations.''; (2) by striking paragraph (6) and inserting the following: ``(6) The term `budgetary resources' means new budget authority, unobligated balances, direct spending authority, and obligation limitations.''; (3) in paragraph (9), by striking ``1992'' and inserting ``1996''; and (4) in paragraph (14), by striking ``through fiscal year 1995''. SEC. 4. ENFORCING DISCRETIONARY SPENDING LIMITS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the side heading of subsection (a), by striking ``1991-1998'' and inserting ``1996-2002''; (2) in the first sentence of subsection (b)(1), by striking ``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting ``1997 or any fiscal year thereafter through 2002'' and by striking ``through 1998'' and inserting ``through 2002''; (3) in subsection (b)(1), by striking ``the following:'' and all that follows through ``The adjustments'' and inserting ``the following: the adjustments'' and by striking subparagraphs (B) and (C); (4) in subsection (b)(2), by striking ``1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998'' and inserting ``1996 or any fiscal year thereafter through 2002'' and by striking ``through 1998'' and inserting ``through 2002''; (5) in subsection (b)(2)(E), by striking clauses (i), (ii), and (iii) and by striking ``(iv) if, for fiscal years 1994, 1995, 1996, 1997, and 1998'' and inserting ``If, for fiscal years 1996 through 2002''; and (6) in subsection (b)(2)(F), by striking everything after ``the adjustment in outlays'' and inserting ``for a category for a fiscal year is the amount of the excess but not to exceed 0.5 percent of the adjusted discretionary spending limit on outlays for that fiscal year in fiscal year 1996 or any fiscal year thereafter through 2002.''. SEC. 5. ENFORCING PAY-AS-YOU-GO. (a) Extension.--Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (A) in the side heading of subsection (a), by striking ``Fiscal Years 1992-1998''; and (B) in subsection (e), by striking ``, for fiscal year 1991 through 1998,'' and by striking ``through 1995''. (b) Rolling Pay-As-You-Go Scorecard.--Section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``each fiscal year through fiscal year 1998'' each place it appears and inserting ``the current year (if applicable), the budget year, and each of the first 4 outyears''. SEC. 6. REPORTS AND ORDERS. Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (d)(2), by striking ``1998'' and inserting ``2002''; and (2)(A) in subsection (g)(2)(A), by striking ``1998'' and inserting ``2002''; and (B) in subsection (g)(3), by striking ``in each outyear through 1998'' and inserting ``in each of the 4 ensuing outyears''. SEC. 7. TECHNICAL CORRECTION. Section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985, entitled ``Modification of Presidential Order'', is repealed. SEC. 8. SPECIAL RULE ON INTERRELATIONSHIP BETWEEN CHANGES IN DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO REQUIREMENTS. (a)(1) Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(f) Special Rule on Interrelationship between Sections 251, 251A, and 252.--Whenever the Committee on the Budget of the House of Representatives or the Senate reports legislation that decreases the discretionary spending limits for budget authority and outlays for a fiscal year under section 601(a)(2) of the Congressional Budget Act of 1974 or in section 251A(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, or both, then, for purposes of subsection (b), an amount equal to that decrease in the discretionary spending limit for outlays shall be treated as direct spending legislation decreasing the deficit for that fiscal year.''. (2) Section 310(a) of the Congressional Budget Act of 1974 is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5) and by striking ``and (3)'' in such redesignated paragraph (5) and inserting ``(3), and (4)'', and by inserting after paragraph (3) the following new paragraph: ``(4) carry out section 252(f) of the Balanced Budget and Emergency Deficit Control Act of 1985; or''. (b) For purposes of section 252(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by subsection (a)(1))-- (1)(A) reductions in the discretionary spending limit for outlays under 601(a)(2) of the Congressional Budget Act of 1974 for each of fiscal years 1999 through 2002 under section 2 shall be measured as reductions from the discretionary spending limit for outlays for fiscal year 1998 as in effect immediately before the enactment of this Act; and (B) reductions in the discretionary spending limit for outlays under section 251A(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 for each of fiscal years 1996 through 2000 under section 2 shall be measured as reductions in outlays for that fiscal year under section 251A(b) as in effect immediately before the enactment of this Act; and (2)(A) except as provided by subparagraph (B), reductions for any fiscal year in the discretionary spending limit for outlays under section 601(a)(2) of the Congressional Budget Act of 1974 or section 251A(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 made by any Act enacted after the date of enactment of this Act shall be measured as reductions from the discretionary spending limit for outlays for that fiscal year under section 601(a)(2) of the Congressional Budget Act of 1974 or section 251A(b) (as applicable) immediately before the enactment of that Act; and (B) if, in the case of any reduction referred to in subparagraph (A), no discretionary spending limit is in effect for that fiscal year immediately before the applicable date of enactment, then the reduction shall be measured against the spending limit under that section for the last fiscal year for which a spending limit is in effect. SEC. 9. EFFECTIVE DATE. (a) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking ``Part C of this title, section'' and inserting ``Sections 251, 253, 258B, and''; and (2) by striking ``1995'' and inserting ``2002''. (b) Expiration.--Section 14002(c)(3) of the Omnibus Budget Reconciliation Act of 1993 (2 U.S.C. 900 note; 2 U.S.C. 665 note) is repealed.

Seven-Year Balanced Budget Enforcement Act of 1995 - Amends the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for the enforcement of deficit reduction by reducing and extending the discretionary spending limits through FY 2002 and permanently extending the pay-as-you-go requirements.

Seven-Year Balanced Budget Enforcement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Platform Equality and Remedies for Rights Holders in Music Act of 2006'' or the ``Perform Act of 2006'' . SEC. 2. RATE SETTING STANDARDS. (a) Section 112 Licenses.--Section 112(e)(4) of title 17, United States Code, is amended in the third sentence by striking ``fees that would have been negotiated in the marketplace between a willing buyer and a willing seller'' and inserting ``the fair market value of the rights licensed under this subsection''. (b) Section 114 Licenses.--Section 114(f) of title 17, United States Code, is amended-- (1) by striking paragraph (1); (2) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; and (3) in paragraph (1) (as redesignated under this subsection)-- (A) in subparagraph (A), by striking all after ``Proceedings'' and inserting ``under chapter 8 shall determine reasonable rates and terms of royalty payments for eligible transmissions during the 5-year period beginning on January 1 of the second year following the year in which the proceedings are to be commenced, and on January 1 of every 5-year period thereafter, except when a different transitional period is provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree.''; (B) in subparagraph (B)-- (i) in the first sentence, by striking ``affected by this paragraph'' and inserting ``under this section''; (ii) in the second sentence, by striking ``nonsubscription''; and (iii) in the third sentence-- (I) by striking ``transmissions by eligible nonsubscription services and new subscription'' and inserting ``eligible transmission''; and (II) by striking ``rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller'' and inserting ``the fair market value of the rights licensed under this section''; (iv) in the fourth sentence, by striking ``base its'' and inserting ``base their''; (v) in clause (i), by striking ``and'' after the semicolon; (vi) in clause (ii), by striking the period and inserting ``; and''; (vii) by inserting after clause (ii) the following: ``(iii) the degree to which reasonable recording affects the potential market for sound recordings, and the additional fees that are required to be paid by services for compensation.''; and (viii) in the matter following clause (ii), by striking ``described in subparagraph (A)''; and (C) by striking subparagraph (C) and inserting the following: ``(C) The procedures under subparagraphs (A) and (B) shall also be initiated pursuant to a petition filed by any copyright owners of sound recordings or any transmitting entity indicating that a new type of service on which sound recordings are performed is or is about to become operational, for the purpose of determining reasonable terms and rates of royalty payments with respect to that new type of service for the period beginning with the inception of such new type of service and ending on the date on which the royalty rates and terms for preexisting subscription services, eligible nonsubscription services, or new subscription services, as the case may be, most recently determined under subparagraph (A) or (B) and chapter 8 expire, or such other period as the parties may agree. ``(D) In this paragraph, the term `eligible transmission' means-- ``(i) subscription transmissions by preexisting subscription services; ``(ii) subscription transmissions by preexisting satellite digital audio radio services; ``(iii) eligible nonsubscription transmissions; and ``(iv) transmissions by new subscription services.''. (c) Content Protection.--Section 114(d)(2) of title 17, United States Code, is amended-- (1) in subparagraph (A)-- (A) in clause (ii), by striking ``and'' after the semicolon; (B) in clause (iii), by adding ``and'' after the semicolon; and (C) by adding after clause (iii) the following: ``(iv) the transmitting entity takes no affirmative steps to authorize, enable, cause, or induce the making of a copy or phonorecord by or for the transmission recipient and uses technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission, in whole or in part, except for reasonable recording as defined in subsection (j)(10);''; (2) in subparagraph (C)-- (A) by striking clause (vi); and (B) by redesignating clauses (vii) through (ix) as clauses (vi) through (viii), respectively; and (3) by adding at the end the following: ``For purposes of subparagraph (A)(iv), the mere offering of a transmission and accompanying metadata does not in itself enable the making of a copy or phonorecord. Nothing in subparagraph (A)(iv) shall preclude or prevent a performing rights society or a mechanical rights organization, or any entity owned in whole or in part by, or acting on behalf of, such organizations, from monitoring public performances or other uses of copyrighted works contained in such transmissions. Any such organization or entity shall be granted a license on either a gratuitous basis or for a de minimus fee to cover only the reasonable costs to the licensor of providing the license, and on reasonable, nondiscriminatory terms, to access and retransmit as necessary any content contained in such transmissions protected by content protection or similar technologies, if such licenses are for purposes of carrying out the activities of such organizations or entities in monitoring the public performance or other uses of copyrighted works, and such organizations or entities employ reasonable methods to protect any such content accessed from further distribution.''. (d) Definition.--Section 114(j) of title 17, United States Code, is amended-- (1) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively; and (2) by inserting after paragraph (9) the following: ``(10)(A) A `reasonable recording' means the making of a copy or phonorecord of a performance licensed under this section for private, noncommercial use if technological measures used by the transmitting entity and incorporated into a recording device-- ``(i) permit automated recording or playback based on specific programs, time periods, or channels as selected by or for the user; ``(ii) do not permit automated recording or playback based on specific sound recordings, albums, or artists; ``(iii) do not permit the separation of component segments of the copyrighted material contained in the transmission program which results in the playback of a manipulated sequence; and ``(iv) do not permit the redistribution, retransmission, or other exporting of a phonorecord embodying all or part of a performance licensed under this section from the device by digital outputs or removable media, unless the destination device is part of a secure in-home network that also complies with this paragraph. ``(B) Nothing in this paragraph prevents a consumer from engaging in non-automated manual recording and playback in a manner that is not an infringement of copyright.''. (e) Technical and Conforming Amendments.-- (1) Section 114.--Section 114(f) of title 17, United States Code (as amended by subsection (b) of this section), is further amended-- (A) in paragraph (1)(B), in the first sentence, by striking ``paragraph (3)'' and inserting ``paragraph (2)''; and (B) in paragraph (4)(C), by striking ``under paragraph (4)'' and inserting ``under paragraph (3)''. (2) Chapter 8.--(A) Section 801(b) of title 17, United States Code, is amended-- (i) in paragraph (1), by striking ``114(1)(B), 115,'' and inserting ``115''; and (ii) in paragraph (7)(B), by striking ``114(f)(3)'' and inserting ``114(f)(2)''. (B) Section 803(c)(2)(E)(i)(II) of title 17, United States Code, is amended-- (i) by striking ``or 114(f)(2)(C)''; and (ii) by striking ``114(f)(4)(B)'' and inserting ``114(f)(3)(B)''. (C) Section 804(b)(3)(C) of title 17, United States Code, is amended-- (i) in clause (i), by striking ``and 114(f)(2)(C)''; and (ii) in clause (iv), by striking ``or 114(f)(2)(C), as the case may be''. SEC. 3. REGISTER OF COPYRIGHTS MEETING AND REPORT. (a) Meeting.--Not later than 60 days after the Copyright Royalty Judges make their final determination in Docket No. 2005-1 CRB DTRA, the Register of Copyrights shall convene a meeting among affected parties to discuss whether to recommend creating a new category of limited interactive services, including an appropriate premium rate for such services, within the statutory license contained in section 114 of title 17, United States Code. (b) Report.--Not later than 90 days after the convening of the meeting under subsection (a), the Register of Copyrights shall submit a report on the discussions at that meeting to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

Platform Equality and Remedies for Right Holders in Music Act of 2006 or the Perform Act of 2006 - Requires Copyright Royalty Judges (CRJs) to establish rates for a statutory license for the transmission of sound recordings by organizations that most clearly represent the fair market value of the rights licensed. Replaces the different processes for setting rates and terms of royalty payments for subscription transmissions by preexisting subscription services, satellite digital radio services, and eligible nonsubscription transmission services with one process for all such transmissions. Directs CRJs, when setting such rates and terms, to consider: (1) the fair market value of the rights licensed; and (2) the degree to which reasonable recording affects the potential market for sound recordings and the additional fees that are required to be paid by services for compensation. Conditions statutory licensing of transmissions on the transmitting entity using technology that is reasonably available, technologically feasible, and economically reasonable to prevent the making of copies or phonorecords embodying the transmission in whole or in part, except for reasonable recording. (Current law provides for limits on phonorecords of the transmission directly in a digital format.) Allows a performing rights society or a mechanical rights organization to monitor public performances or other uses of copyrighted works contained in transmissions. Requires the Register of Copyrights to convene a meeting among affected parties to discuss whether to recommend creating a new category of limited interactive services within certain statutory licenses for subscription transmissions.

To harmonize rate setting standards for copyright licenses under sections 112 and 114 of title 17, United States Code, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institutes of Health EPSCoR Program Act of 2001''. SEC. 2. EPSCOR PROGRAM AT NATIONAL INSTITUTES OF HEALTH. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended-- (1) in section 402-- (A) by striking subsection (g); and (B) by redesignating subsections (h) through (l) as subsections (g) through (k), respectively; and (2) by adding at the end the following: ``SEC. 404E. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH. ``(a) In General.-- ``(1) Enhancing research competitiveness of eligible institutions.--The Director of NIH, acting through the Director of the National Center for Research Resources, shall in accordance with this section establish a program for the purpose of enhancing the competitiveness of eligible institutions in obtaining funds from the national research institutes for conducting biomedical and behavioral research. ``(2) Eligible institutions; epscor states, committees, and fiscal agents.--In this section: ``(A) Eligible institution.--The term `eligible institution' means a research entity located in an EPSCoR State. ``(B) Research entity.--The term `research entity' means a non-Federal entity that conducts biomedical or behavioral research, including an individual or organization. ``(C) Epscor state.--The term `EPSCoR State' means a State for which-- ``(i) the aggregate success rate for applications submitted to the national research institutes by research entities in the State has historically constituted a low success rate of obtaining funds from such institutes, relative to such aggregate rate for research entities in other States; or ``(ii) the average of the annual aggregate amount of funds received for the 5 preceding fiscal years by research entities in such State pursuant to successful such applications was not more than 1.08 percent of the total amount that was received during such years by research entities in the States under grants, cooperative agreements, and contracts awarded by the national research institutes to support the conduct of biomedical and behavioral research. ``(D) NIH epscor committee.-- ``(i) In general.--The term `NIH EPSCoR committee' means, with respect to an EPSCoR State, the single committee established for the State under section 113 of the National Science Foundation Authorization Act of 1988 (Public Law 100-570), except as provided in clause (ii). ``(ii) Exception.--A committee referred to in clause (i) is not an NIH EPSCoR committee for a State for purposes of this section unless, when such committee carries out activities pursuant to this section, the following conditions are met: ``(I) The membership of the committee includes individuals who are representatives from the principal nonprofit and for-profit biomedical and behavioral research entities in the State. ``(II) The membership of the committee includes representatives of the State legislature and the office of the Governor. ``(III) The membership of the committee shall serve staggered 4 year terms. ``(E) Epscor state fiscal agent.--The term `EPSCoR State fiscal agent' means a fiscal intermediary that has been approved by an NIH EPSCoR committee for a State, and that acts on behalf of such committee by submitting applications to the Federal Government for awards of grants, cooperative agreements, and contracts, and by disbursing amounts from such awards. ``(b) Technical Assistance; Research Plans.--The Director of NIH may under subsection (a) enhance the competitiveness of eligible institutions through (directly or by grant or contract)-- ``(1) providing technical assistance to such institutions, including technical assistance in the preparation of applications for obtaining funds from the national research institutes; ``(2) assisting the institutions in developing a plan for biomedical or behavioral research proposals; and ``(3) assisting the institutions in implementing such plan. ``(c) Formula Grants for Increasing Institutional Capacity.-- ``(1) In general.--In the case of each EPSCoR State fiscal agent that in accordance with paragraph (3) submits to the Director of NIH an application for a fiscal year, the Director shall under subsection (a) make an award of a grant or cooperative agreement for the fiscal year to such agent for disbursement to eligible institutions in such State to carry out the purposes described in paragraph (2) (subject to amounts being appropriated under subsection (e) for the fiscal year). The grant shall consist of the allotment determined for the State under paragraph (4). ``(2) Authorized expenditures.--The purposes referred to in paragraph (1) with respect to an EPSCoR State are as follows: ``(A) Improving the capacity of eligible institutions in the State to conduct biomedical and behavioral research through providing for faculty- related enhancement and development programs (or other programs regarding professional staff); student programs; training programs; obtaining equipment, including instrumentation; obtaining facilities, including the construction or renovation of facilities; establishing collaborative professional relationships with other public or private research entities; and other programs or activities determined by the Director of NIH to be appropriate. ``(B) Carrying out projects that will have significant short-term impact with respect to improving the capacity of the institutions to conduct biomedical and behavioral research. ``(3) Application for grant; certain requirements.--An application under paragraph (1) for an award for a fiscal year regarding an EPSCoR State is in accordance with this paragraph if the following conditions are met: ``(A) The application identifies the specific needs of eligible institutions in the EPSCoR State with respect to the purposes described in subparagraphs (A) and (B) of paragraph (2), including identifying the categories of research that are to receive priority. ``(B) The application contains a plan for obtaining public or private funds (other than from awards under paragraph (1)) to continue in effect the improvements to be made with respect to such institutions pursuant to the award. ``(C) The EPSCoR State fiscal agent agrees that, not later than 60 days after the end of the fiscal year, the agent will submit to the Director of NIH a report describing the purposes for which the award was obligated or expended. ``(D) The application meets such additional requirements as the Director of NIH may establish, except that the Director may not require that non- Federal contributions be provided as a condition of receiving the award. ``(E) The NIH EPSCoR committee for the State has approved the application as adequately meeting the conditions described in subparagraphs (A) through (D). ``(4) Amount of award.--For purposes of paragraph (1), an allotment for an EPSCoR State for a fiscal year is determined in accordance with this paragraph if the allotment is the quotient of-- ``(A) the amount appropriated under subsection (e) and available for awards under paragraph (1); divided by ``(B) the number of EPSCoR States for which applications for awards under paragraph (1) for the fiscal year are submitted in accordance with paragraph (3). ``(d) EPSCoR Cofunding Program.-- ``(1) In general.--The Director of NIH shall under subsection (a) make awards of grants to eligible institutions for the purpose of carrying out projects of research within categories identified under subsection (c)(3)(A) as priorities for the eligible institutions involved. ``(2) Cofunding.-- ``(A) In general.--The Director of NIH may make an award under paragraph (1) only if, in addition to such award, the project involved will receive funding from one or more other programs that are carried out by any of the national research institutes (which other programs are in this subsection referred to as `Coprograms'). ``(B) Allocation between programs.--Of the total amount made available for a project of an eligible institution pursuant to an award under paragraph (1) and awards under the Coprograms involved, not more than 50 percent may be provided in the award under paragraph (1). ``(3) Priorities.--In making awards under paragraph (1), the Director of NIH shall give priority to the following projects: ``(A) Projects whose principal researchers will be individuals who have not previously served as principal researchers of projects supported by any of the national research institutes. ``(B) With respect to the process for peer review of applications for awards, projects whose applications under Coprograms were approved in such process but whose rankings precluded the provision of awards. ``(C) Projects that involve multiple areas of research, each of which areas has, at the eligible institution involved, received funding under this section. ``(4) Certain requirements.--An award under paragraph (1) may be made only if the application for the award meets the following requirements: ``(A) The application identifies the specific activities to be carried out with respect to the purpose described in paragraph (1). ``(B) The application meets such additional requirements as the Director of NIH may establish. ``(C) The NIH EPSCoR committee for the State has approved the application as meeting the requirements under this paragraph, and as being consistent with the strategy adopted by the State with respect to the purpose described in subsection (a)(1). ``(e) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $200,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. ``(2) Allocation regarding technical assistance and research plans.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Director of NIH shall reserve not to exceed 10 percent for carrying out subsection (b). ``(3) Allocation regarding formula grants for increasing institutional capacity; allocation regarding cofunding program.--Of the amounts appropriated under paragraph (1) for a fiscal year and available after compliance with paragraph (2), the Director of NIH shall reserve-- ``(A) with respect to fiscal year 2002-- ``(i) 80 percent of such amounts for awards under subsection (c); and ``(ii) 20 percent of such amounts for awards under subsection (d)(1); ``(B) with respect to fiscal year 2003-- ``(i) 70 percent of such amounts for awards under subsection (c); and ``(ii) 30 percent of such amounts for awards under subsection (d)(1); ``(C) with respect to fiscal year 2004-- ``(i) 60 percent of such amounts for awards under subsection (c); and ``(ii) 40 percent of such amounts for awards under subsection (d)(1); and ``(D) with respect to each of fiscal years 2005 and 2006-- ``(i) 50 percent of such amounts for awards under subsection (c); and ``(ii) 50 percent of such amounts for awards under subsection (d)(1). ``(4) Additional funding for cofunding program.--In addition to amounts reserved under paragraph (3) for making awards under subsections (c) and (d)(1), the Director of NIH shall reserve for making such awards all savings in the indirect costs of projects of research supported by the national research institutes that are achieved as a result of carrying out projects in EPSCoR States rather than in other States. Such savings shall be calculated based on the previous 5 year average of the actual amounts paid to each State in indirect costs. Such additional funding from indirect cost savings shall be allocated in a manner consistent with paragraph (3). ``(f) Reports.-- ``(1) To the state.--The NIH EPSCoR committee of a State shall annually submit to the State a report on the activities carried out under this section in the State. ``(2) To nih.--The State shall forward a copy of each report received under paragraph (1) to the Director of NIH.''.

National Institutes of Health EPSCoR Program Act of 2001 - Amends the Public Health Service Act to revise the program for enhancing the competitiveness of entities conducting biomedical and behavioral research in obtaining funds from the National Research Institutes. Establishes a new experimental program to stimulate competitive research (EPSCoR) to enhance the research competitiveness of a non-Federal entity located in an EPSCoR State (as defined in this Act). Authorizes appropriations.

To amend the Public Health Service Act with respect to the operation by the National Institutes of Health of an experimental program to stimulate competitive research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare IME Pool Act of 2015''. SEC. 2. REVISION OF MEDICARE PAYMENTS FOR INDIRECT MEDICAL EDUCATION (IME) COSTS IN TEACHING HOSPITALS. (a) In General.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended-- (1) in subsection (d)(5)(B)-- (A) in the clause (x) added by section 5505(b) of the Patient Protection and Affordable Care Act-- (i) by moving the indentation of each provision in such clause 6 ems to the left; and (ii) by redesignating such clause as clause (xi); and (B) by adding at the end the following new clause: ``(xii) With respect to discharges occurring in cost reporting periods ending during or after fiscal year 2019, instead of the additional payment that would have been paid under this subparagraph to a subsection (d) hospital or a subsection (d) Puerto Rico hospital with indirect costs of medical education and notwithstanding the previous provisions of this subparagraph, there shall be paid to the hospital the payment determined under subsection (t) for such hospital and cost reporting period.''; and (2) by adding at the end the following new subsection: ``(t) Payment for Indirect Medical Education.-- ``(1) In general.-- ``(A) Amount of payment.--For purposes of subsection (d)(5)(B)(xii), the payment under this subsection for a subsection (d) hospital (or a subsection (d) Puerto Rico hospital) for a cost reporting period ending during or after fiscal year 2019 is the payment of an amount equal to the product of-- ``(i) the IME pool amount computed under paragraph (2) for the fiscal year; and ``(ii) the allotment factor under paragraph (3) for such cost reporting period and fiscal year. ``(B) Form of payment.--Payments of amounts under this subsection shall be made from the Federal Hospital Insurance Trust Fund with respect to a cost reporting period in accordance with such timing as the Secretary determines is similar to the timing of additional payments that are made under subsection (h). ``(2) IME pool amount.-- ``(A) In general.--The IME pool amount under this paragraph-- ``(i) for fiscal year 2019 is equal to the base amount computed under subparagraph (B); and ``(ii) for a subsequent fiscal year is equal to the sum of-- ``(I) the IME pool amount under this paragraph for the previous fiscal year increased by the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)) applicable to discharges occurring in such subsequent fiscal year; and ``(II) the new teaching program amount computed under subparagraph (C) for the fiscal year. ``(B) Base amount.--The base amount computed under this subparagraph is $9,500,000,000, increased by the sum, for each of fiscal years 2015 through 2019, of the product of-- ``(i) the weighted average number of full- time-equivalent resident positions in approved medical residency training programs (as determined under subsection (h)(4)) for which payment is first made under subsection (h) in the fiscal year; and ``(ii) the Secretary's estimate of the national average expenditures per resident position that are attributable to additional payments under subsection (d)(5)(B) for discharges in such fiscal year. ``(C) Adjustment for new teaching programs.--The new teaching program amount computed under this subparagraph for a fiscal year is equal to the product of-- ``(i) the weighted average number of full- time-equivalent resident positions in approved medical residency training programs (as determined under subsection (h)(4)) for which payment is first made under subsection (h) in the fiscal year; and ``(ii) the IME pool amount under this paragraph for the fiscal year (determined without regard to this subparagraph), divided by the average number of all full-time- equivalent resident positions in approved medical residency training programs (as determined under subsection (h)(4)) for which payment is made under subsection (h) in the fiscal year (as estimated by the Secretary). ``(3) Allotment based on fte resident count.--The allotment factor under this paragraph for a hospital eligible to receive payment under this subsection with respect to a cost reporting period ending in a fiscal year is equal to the ratio (as estimated by the Secretary) of-- ``(A) the weighted average number of full-time- equivalent residents for the hospital for the cost reporting period (as determined under subsection (h)(4)); to ``(B) the total of the weighted average numbers of full-time-equivalent residents, as determined under subparagraph (A), for all such hospitals for cost reporting periods ending in such fiscal year. The Secretary shall make such adjustments in such allotment factor for subsequent cost reporting periods as the Secretary determines necessary to account for errors in the Secretary's estimation of such allotment factor under this paragraph for previous cost reporting periods.''.

Medicare IME Pool Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to revise Medicare payment for indirect medical education (IME) costs in teaching hospitals. (Teaching hospitals receive IME payments to account for various factors that increase costs in such hospitals.) Under current law, the IME adjustment is calculated based on the ratio of the hospital's full-time equivalent (FTE) interns and residents to beds. The bill alters the calculation of IME payments such that they are equal to the product of a base amount (adjusted, after FY2019, by the market basket percentage increase applicable to discharges and to account for new teaching programs) and an allotment factor based on FTE resident count. The bill also makes a technical amendment.

Medicare IME Pool Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Partnerships to Transform Opportunities Act''. SEC. 2. PURPOSE. It is the purpose of this Act to provide resources to eligible institutions to prepare individuals with multiple barriers to employment, including underrepresented minorities, to enter the workforce by providing support services, job training, and education. SEC. 3. PROGRAMS FOR INDIVIDUALS WITH MULTIPLE BARRIERS TO EMPLOYMENT. Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 166 (29 U.S.C. 2911) the following new section: ``SEC. 166A. PROGRAMS FOR INDIVIDUALS WITH MULTIPLE BARRIERS TO EMPLOYMENT. ``(a) Purpose.--The purpose of this section is to support employment and training activities for individuals with multiple barriers to employment in order-- ``(1) to develop more fully the academic, occupational, and literacy skills of such individuals; ``(2) to make such individuals more competitive in the workforce; and ``(3) to promote the economic and social development of the communities, including minority communities, of those individuals in accordance with the goals and values of the communities described in this paragraph. ``(b) Definitions.--As used in this section: ``(1) Eligible institution.--The term `eligible institution' means-- ``(A) a historically Black college or university; ``(B) a Hispanic-serving Institution; ``(C) a Tribal College or University; or ``(D) a Predominantly Black Institution. ``(2) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(3) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ``(4) Nonprofit organization.--The term `nonprofit organization' means a nonprofit organization that focuses on preparing individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education. ``(5) Predominantly black institution.--The term `Predominantly Black Institution' has the meaning given the term in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e). ``(6) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c). ``(c) Program Authorized.--The Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, eligible institutions to carry out the authorized activities described in subsection (d). Such an eligible institution may carry out the activities directly, or through a partnership with a nonprofit organization. ``(d) Authorized Activities.--An eligible institution receiving a grant, contract, or agreement under subsection (c) shall use such funds to serve individuals with multiple barriers to employment by carrying out one or more of the following activities: ``(1) Education services, including postsecondary education, English as a second language courses, General Educational Development preparation, financial literacy workshops, access to information technology workshops and courses, Generational Diversity Awareness programs, and health and wellness programs. ``(2) Activities that increase access to workforce services, including on-the-job training, internships, skills training, job placement, financial literacy training, and personal development. ``(3) Additional support services, including health and nutrition services, housing assistance, transportation, child care, and clothing. ``(e) Program Plan.--In order to receive a grant or enter into a contract or cooperative agreement under subsection (c), an eligible institution shall submit to the Secretary a program plan that describes a strategy for meeting the needs of individuals with multiple barriers to employment in the area served by such organization. Such plan shall-- ``(1) be consistent with the purpose of this section; ``(2) identify the population to be served; ``(3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment; ``(4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and ``(5) describe, after the eligible institution consults with the Secretary, the performance measures to be used to assess the performance of the eligible institution, and any nonprofit organization that carries out authorized activities assisted under this section, in carrying out the activities. ``(f) Priority.--In making grants or entering into contracts or cooperative agreements under subsection (c), the Secretary shall give priority to an eligible institution that-- ``(1) proposes to carry out the authorized activities through a partnership described in subsection (c); or ``(2) demonstrates that the institution is unable to carry out the activities through such a partnership because the institution is not within a reasonable distance (as determined by the Secretary) of a nonprofit organization. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2015 through 2019.''.

Promoting Partnerships to Transform Opportunities Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make competitive grants to, or enter into contracts or cooperative agreements with, eligible institutions, preferably in partnership with a nonprofit organization, to provide support services, job training, and education to individuals with multiple barriers to employment, including underrepresented minorities, to help prepare them to enter the workforce. Defines "eligible institution" to mean a historically Black college or university, a Hispanic-serving Institution, a Tribal College or University, or a Predominantly Black Institution. Requires an eligible institution to submit a program plan to the Secretary in order to receive a grant or enter into such a contract or cooperative agreement.

Promoting Partnerships to Transform Opportunities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legal Employee Verification Act''. SEC. 2. DOCUMENT AND VISA REQUIREMENTS. (a) In General.--Section 221(a) of the Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended by adding at the end the following: ``(3) Visas and Immigration Related Document Requirements.-- ``(A) Visas issued by the Secretary of State and immigration related documents issued by the Secretary of State or the Secretary of Homeland Security shall comply with authentication and biometric standards recognized by domestic and international standards organizations. ``(B) Such visas and documents shall-- ``(i) be machine-readable and tamper-resistant; ``(ii) use biometric identifiers that are consistent with the requirements of section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732), and represent the benefits and status set forth in such section; ``(iii) comply with the biometric and document identifying standards established by the International Civil Aviation Organization; and ``(iv) be compatible with the United States Visitor and Immigrant Status Indicator Technology and the employment verification system established under section 274E. ``(C) The information contained on the visas or immigration related documents described in subparagraph (B) shall include-- ``(i) the alien's name, date and place of birth, alien registration or visa number, and, if applicable, social security number; ``(ii) the alien's citizenship and immigration status in the United States; and ``(iii) the date that such alien's authorization to work in the United States expires, if appropriate.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 6 months after the date of enactment of this Act. SEC. 3. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM. (a) In General.--Chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after section 274D the following: ``employment eligibility ``Sec. 274E. (a) Employment Eligibility Confirmation System.-- ``(1) In general.--The Commissioner of Social Security, in consultation and coordination with the Secretary of Homeland Security, shall establish an Employment Eligibility Confirmation System (referred to in this section as the `System') through which the Commissioner responds to inquiries made by employers who have hired individuals concerning each individual's identity and employment authorization. ``(2) Maintenance of records.--The Commissioner shall electronically maintain records by which compliance under the System may be verified. ``(3) Objectives of the system.--The System shall-- ``(A) facilitate the eventual transition for all businesses from the employer verification system established in section 274A with the System; and ``(B) utilize, as a central feature of the System, machine-readable documents that contain encrypted electronic information to verify employment eligibility. ``(4) Initial response.--The System shall provide-- ``(A) confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility not later than 1 working day after the initial inquiry; and ``(B) an appropriate code indicating such confirmation or tentative nonconfirmation. ``(5) Secondary verification process in case of tentative nonconfirmation.-- ``(A) Establishment.--For cases of tentative nonconfirmation, the Commissioner of Social Security, in consultation and coordination with the Secretary of Homeland Security, shall establish a secondary verification process. The employer shall make the secondary verification inquiry not later than 10 days after receiving a tentative nonconfirmation. ``(B) Discrepancies.--If an employee chooses to contest a secondary nonconfirmation, the employer shall provide the employee with a referral letter and instruct the employee to visit an office of the Department of Homeland Security or the Social Security Administration to resolve the discrepancy not later than 10 working days after the receipt of such referral letter in order to obtain confirmation. ``(C) Failure to contest.--An individual's failure to contest a confirmation shall not constitute knowledge (as defined in section 274a.1(l) of title 8, Code of Federal Regulations, as in effect on the date of the enactment of the Legal Employee Verification Act). ``(6) Design and operation of system.--The System shall be designed, implemented, and operated-- ``(A) to maximize its reliability and ease of use consistent with protecting the privacy and security of the underlying information through technical and physical safeguards; ``(B) to allow employers to verify that a newly hired individual is authorized to be employed; ``(C) to permit individuals to-- ``(i) view their own records in order to ensure the accuracy of such records; and ``(ii) contact the appropriate agency to correct any errors through an expedited process established by the Commissioner of Social Security, in consultation and coordination with the Secretary of Homeland Security; and ``(D) to prevent discrimination based on national origin or citizenship status under section 274B. ``(7) Unlawful uses of system.--It shall be an unlawful immigration-related employment practice-- ``(A) for employers or other third parties to use the System selectively or without authorization; ``(B) to use the System prior to an offer of employment; ``(C) to use the System to exclude certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; ``(D) to use the System to deny certain employment benefits, otherwise interfere with the labor rights of employees, or any other unlawful employment practice; or ``(E) to take adverse action against any person, including terminating or suspending an employee who has received a tentative nonconfirmation. ``(b) Employment Eligibility Database.-- ``(1) Requirement.--The Commissioner of Social Security, in consultation and coordination with the Secretary of Homeland Security and other appropriate agencies, shall design, implement, and maintain an Employment Eligibility Database (referred to in this section as the `Database') as described in this subsection. ``(2) Data.--The Database shall include, for each individual who is not a citizen or national of the United States, but is authorized or seeking authorization to be employed in the United States, the individual's-- ``(A) country of origin; ``(B) immigration status; ``(C) employment eligibility; ``(D) occupation; ``(E) metropolitan statistical area of employment; ``(F) annual compensation paid; ``(G) period of employment eligibility; ``(H) employment commencement date; and ``(I) employment termination date. ``(3) Reverification of employment eligibility.--The Commissioner of Social Security shall prescribe, by regulation, a system to annually reverify the employment eligibility of each individual described in this section-- ``(A) by utilizing the machine-readable documents described in section 221(a)(3); or ``(B) if machine-readable documents are not available, by telephonic or electronic communication. ``(4) Confidentiality.-- ``(A) Access to database.--No officer or employee of any agency or department of the United States, other than individuals responsible for the verification of employment eligibility or for the evaluation of the employment verification program at the Social Security Administration, the Department of Homeland Security, and the Department of Labor, may have access to any information contained in the Database. ``(B) Protection from unauthorized disclosure.-- Information in the Database shall be adequately protected against unauthorized disclosure for other purposes, as provided in regulations established by the Commissioner of Social Security, in consultation with the Secretary of Homeland Security and the Secretary of Labor. ``(5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to design, implement, and maintain the Database. ``(c) Gradual Implementation.--The Commissioner of Social Security, in coordination with the Secretary of Homeland Security and the Secretary of Labor shall develop a plan to phase all workers into the Database and phase out the employer verification system established in section 274A over a period of time that the Commissioner determines to be appropriate. ``(d) Employer Responsibilities.--Each employer shall-- ``(1) notify employees and prospective employees of the use of the System and that the System may be used for immigration enforcement purposes; ``(2) use-- ``(A) a machine-readable document described in subsection (a)(3)(B); or ``(B) the telephonic or electronic system to access the Database; ``(3) provide, for each employee hired, the occupation, metropolitan statistical area of employment, and annual compensation paid; ``(4) retain the code received indicating confirmation or nonconfirmation, for use in investigations described in section 212(n)(2); and ``(5) provide a copy of the employment verification receipt to such employees. ``(e) Good-Faith Compliance.-- ``(1) Affirmative defense.--A person or entity that establishes good faith compliance with the requirements of this section with respect to the employment of an individual in the United States has established an affirmative defense that the person or entity has not violated this section. ``(2) Limitation.--Paragraph (1) shall not apply if a person or entity engages in an unlawful immigration-related employment practice described in subsection (a)(7).''. (b) Interim Directive.--Before the implementation of the Employment Eligibility Confirmation System (referred to in this section as the ``System'') established under section 274E of the Immigration and Nationality Act, as added by subsection (a), the Commissioner of Social Security, in coordination with the Secretary of Homeland Security, shall, to the maximum extent practicable, implement an interim system to confirm employment eligibility that is consistent with the provisions of such section. (c) Reports.-- (1) In general.--Not later than 3 months after the last day of the second year and of the third year that the System is in effect, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the System. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) an assessment of the impact of the System on the employment of unauthorized workers; (B) an assessment of the accuracy of the Employment Eligibility Database maintained by the Department of Homeland Security and Social Security Administration databases, and timeliness and accuracy of responses from the Department of Homeland Security and the Social Security Administration to employers; (C) an assessment of the privacy, confidentiality, and system security of the System; (D) assess whether the System is being implemented in a nondiscriminatory manner; and (E) include recommendations on whether or not the System should be modified. SEC. 4. IMPROVED ENTRY AND EXIT DATA SYSTEM. Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (2) in subsection (b)-- (A) in paragraph (1)(C), by striking ``Justice'' and inserting ``Homeland Security''; (B) in paragraph (4), by striking ``and'' at the end; (C) in paragraph (5), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(6) collects the biometric machine-readable information from an alien's visa or immigration-related document described in section 221(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1201(a)(3)) at the time an alien arrives in the United States and at the time an alien departs from the United States to determine if such alien is entering, or is present in, the United States unlawfully.''; and (3) in subsection (f)(1), by striking ``Departments of Justice and State'' and inserting ``Department of Homeland Security and the Department of State''. SEC. 5. PROTECTION OF EMPLOYMENT RIGHTS OF H2B WORKERS. The Secretary and the Secretary of Homeland Security shall establish a process under which a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) who files a nonfrivolous complaint regarding a violation of this Act or the amendments made by this Act and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States with an employer for a period not to exceed the maximum period of stay authorized for that nonimmigrant classification. SEC. 6. INCREASED FINES FOR PROHIBITED BEHAVIOR. Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended-- (1) in subclause (I), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $500 and not more than $3,000''; (2) in subclause (II), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $4,000 and not more than $8,000''; and (3) in subclause (III), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $6,000 and not more than $20,000''.

Legal Employee Verification Act - Amends the Immigration and Nationality Act to require visas issued by the Secretary of State and immigration related documents issued by the Secretary of State or the Secretary of Homeland Security to comply with authentication and biometric standards recognized by domestic and international standards organizations. Requires the Commissioner of Social Security to: (1) establish an Employment Eligibility Confirmation System to respond to inquiries made by employers regarding the identities and employment authorizations of their employees; (2) design, implement, and maintain an Employment Eligibility Database, including annual reverification; and (3) develop a plan to phase all workers into the Database and phase out the employer verification system established in specified existing provisions. Requires the Secretary of Homeland Security (currently, the Attorney General) to implement an integrated entry and exit data system. Requires a process under which an H-2B alien (temporary nonagricultural worker) who files a nonfrivolous complaint regarding a violation of this Act and is otherwise eligible to remain and work in the United States may be allowed to seek other employment in the United States for a period not to exceed the maximum period of stay for that nonimmigrant.

To establish a mandatory system for employers to verify the employment eligibility of potential employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Assistance for Rape Emergencies Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is estimated that 25,000 to 32,000 women become pregnant each year as a result of rape or incest. Timely access to emergency contraception could help many of these rape survivors avoid the additional trauma of facing an unintended pregnancy. (2) A 1996 study of rape-related pregnancies (published in the American Journal of Obstetrics and Gynecology) found that 50 percent of the pregnancies described in paragraph (1) ended in abortion. (3) Surveys have shown that many hospitals do not routinely provide emergency contraception to women seeking treatment after being sexually assaulted. (4) The risk of pregnancy after sexual assault has been estimated to be 4.7 percent in survivors who were not protected by some form of contraception at the time of the attack. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy if taken in the first 72 hours of sex. (6) Medical research strongly indicates that the sooner emergency contraception is administered, the greater the likelihood of preventing unintended pregnancy. (7) In light of the safety and effectiveness of emergency contraceptive pills, both the American Medical Association and the American College of Obstetricians and Gynecologists have endorsed more widespread availability of such pills to women of all ages. (8) The American College of Emergency Physicians and the American College of Obstetricians and Gynecologists agree that offering emergency contraception to female patients after a sexual assault should be considered the standard of care. (9) Approximately one-third of women of reproductive age remain unaware of emergency contraception. Therefore, women who have been sexually assaulted are unlikely to ask for emergency contraception. (10) It is essential that all hospitals that provide emergency medical treatment provide emergency contraception as a treatment option to any woman who has been sexually assaulted, so that she may prevent an unintended pregnancy. (11) Victims of sexual assault are at increased risk of contracting sexually transmitted diseases. (12) Some sexually transmitted infections cannot be reliably cured if treatment is delayed, and may result in high morbidity and mortality. HIV has killed over 520,000 individuals in the United States, and the Centers for Disease Control and Prevention currently estimates that over 1,000,000 individuals in the United States are infected with the virus. Even modern drug treatment has failed to cure infected individuals. Nearly 60,000 individuals in the United States are infected with hepatitis B each year, with some individuals unable to fully recover. An estimated 1,250,000 individuals in the United States remain chronically infected with the hepatitis B virus and at present, 1 in 4 of those infected individuals may expect to die of liver failure. (13) It is possible to prevent some sexually transmitted diseases by treating an exposed individual promptly. The use of post-exposure prophylaxis using antiretroviral drugs has been demonstrated to effectively prevent the establishment of HIV infection. Hepatitis B infection may also be eliminated if an exposed individual receives prompt treatment. (14) The Centers for Disease Control and Prevention has recommended risk evaluation and appropriate application of post-exposure treatment for victims of sexual assault. For such individuals, immediate treatment is the only means to prevent a life-threatening infection. (15) It is essential that all hospitals that provide emergency medical treatment provide assessment and treatment of sexually transmitted infections to minimize the harm to victims of sexual assault. SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF EMERGENCY CONTRACEPTIVES WITHOUT CHARGE. (a) In General.--Federal funds may not be provided to a hospital under title XVIII of the Social Security Act or to a State, with respect to services of a hospital, under title XIX of such Act, unless the hospital meets the conditions specified in subsection (b) in the case of-- (1) any woman who arrives at the hospital and states that she is a victim of sexual assault, or is accompanied by someone who states she is a victim of sexual assault; and (2) any woman who arrives at the hospital whom hospital personnel have reason to believe is a victim of sexual assault. (b) Assistance for Victims.--The conditions specified in this subsection regarding a hospital and a woman described in subsection (a) are as follows: (1) The hospital promptly provides the woman with medically and factually accurate and unbiased written and oral information about emergency contraception, including information explaining that-- (A) emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for women ages 18 and over and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (B) emergency contraception is more effective the sooner it is taken; and (C) emergency contraception does not cause an abortion and cannot interrupt an established pregnancy. (2) The hospital promptly offers emergency contraception to the woman, and promptly provides such contraception to her at the hospital on her request. (3) The information provided pursuant to paragraph (1) is in clear and concise language, is readily comprehensible, and meets such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (4) The services described in paragraphs (1) through (3) are not denied because of the inability of the woman or her family to pay for the services. (c) Definitions.--For purposes of this section: (1) Emergency contraception.--The term ``emergency contraception'' means a drug, drug regimen, or device that is-- (A) approved by the Food and Drug Administration to prevent pregnancy; and (B) is used postcoitally. (2) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)), and includes critical access hospitals, as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Sexual assault.-- (A) In general.--The term ``sexual assault'' means a sexual act (as defined in subparagraphs (A) through (C) of section 2246(2) of title 18, United States Code) where the victim involved does not consent or lacks the capacity to consent. (B) Application of provisions.--The definition in subparagraph (A) shall apply to all individuals. (d) Effective Date; Agency Criteria.--This section takes effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section. SEC. 4. PREVENTION OF SEXUALLY TRANSMITTED DISEASE. (a) Definitions.--In this section: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)), and includes critical access hospitals, as defined in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (2) Licensed medical professional.--The term ``licensed medical professional'' means a doctor of medicine, doctor of osteopathy, registered nurse, physician assistant, or any other health care professional determined to be appropriate by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Sexual assault.-- (A) In general.--The term ``sexual assault'' means a sexual act (as defined in subparagraphs (A) through (C) of section 2246(2) of title 18, United States Code) where the victim involved does not consent or lacks the capacity to consent. (B) Application of provisions.--The definition in subparagraph (A) shall apply to all individuals. (b) General Requirement.--Federal funds may not be provided to a hospital under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or to a State, with respect to services of a hospital, under title XIX of such Act (42 U.S.C. 1396 et seq.), unless the hospital provides risk assessment, counseling, and treatment as required under this section to a survivor of sexual assault described in subsection (c). (c) Survivors of Sexual Assault.--An individual is a survivor of a sexual assault described in this subsection if the individual-- (1) arrives at the hospital and states that the individual is a victim of sexual assault, or is accompanied to the hospital by another individual who states that the first individual is a victim of sexual assault; or (2) arrives at the hospital and hospital personnel have reason to believe the individual is a victim of sexual assault. (d) Requirement for Risk Assessment, Counseling, and Treatment.-- The following shall apply with respect to a hospital described in subsection (b): (1) Risk assessment.--A hospital shall promptly provide a survivor of a sexual assault with an assessment of the individual's risk of contracting sexually transmitted infections described in paragraph (2)(A), which assessment shall be conducted by a licensed medical professional and be based upon-- (A) available information regarding the assault as well as the subsequent findings from medical examination and any tests that may be conducted; and (B) established standards of risk assessment, which shall include consideration of any recommendations established by the Centers for Disease Control and Prevention, and may also incorporate consideration of findings of peer-reviewed clinical studies and appropriate research utilizing in vitro and non-human primate models of infection. (2) Counseling.--A hospital shall provide a survivor of a sexual assault with advice, provided by a licensed medical professional, concerning-- (A) significantly prevalent sexually transmitted infections for which effective post-exposure prophylaxis exists, and for which the deferral of treatment would either significantly reduce treatment efficacy or pose substantial risk to the individual's health; and (B) the requirement that prophylactic treatment for infections described in subparagraph (A) shall be provided to the individual upon request, regardless of the ability of the individual or the individual's family to pay for such treatment. (3) Treatment.--A hospital shall provide a survivor of a sexual assault, upon request, with prophylactic treatment for infections described in paragraph (2)(A). (4) Language.--Any information provided pursuant to this subsection shall be in clear and concise language, be readily comprehensible, and meet such conditions regarding the provision of the information in languages other than English as the Secretary may establish. (5) Ability to pay.--The services described in paragraphs (1) through (3) shall not be denied because of the inability of the individual involved or the individual's family to pay for the services. (e) Rule of Construction.--Nothing in this section shall be construed to-- (1) require that a hospital provide prophylactic treatment for a victim of sexual assault when risk assessment (according to recommendations established by the Centers for Disease Control and Prevention) clearly recommends against the application of post-exposure prophylaxis; (2) prohibit a hospital from seeking reimbursement for the cost of services provided under this section to the extent that health insurance may provide reimbursement for such services; and (3) establish a requirement that any victim of sexual assault submit to diagnostic testing for the presence of any infectious disease. (f) Effective Date; Agency Criteria.--This section takes effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. Not later than 30 days prior to the expiration of such period, the Secretary shall publish in the Federal Register criteria for carrying out this section.

Compassionate Assistance for Rape Emergencies Act of 2007 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; (4) provides the woman with risk assessment, counseling, and treatment for certain sexually transmitted infections; and (5) does not deny any such services because of the inability of the woman or her family to pay.

A bill to provide for the provision by hospitals receiving Federal funds through the Medicare program or Medicaid program of emergency contraceptives to women who are survivors of sexual assault.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Data Privacy Protection Act''. SEC. 2. DEFINITION OF SENSITIVE DATA. In this Act-- (1) Sensitive data.--The term ``sensitive data'' includes the following: (A) Social security numbers. (B) Financial records. (C) Previous or current health records, including hospital or treatment records of any kind, including drug and alcohol rehabilitation records. (D) Criminal records. (E) Licenses. (F) License denials, suspensions, or revocations. (G) Tax returns. (H) Information that has been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (I) Personally identifiable information. (2) Personally identifiable information.--The term ``personally identifiable information'' means any information, in any form or medium, that relates to the past, present, or future physical or mental health, predisposition, or condition of an individual or the provision of health care to an individual. (3) Federal computer system.--The term ``Federal computer system'' has the meaning given such term in section 20(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(d)). (4) Agency.--The term ``agency'' has the meaning provided in section 3502(1) of title 44, United States Code. (5) Record.--The term ``record'' has the meaning provided in section 552a(a) of title 5, United States Code. SEC. 3. REQUIREMENT FOR USE OF ENCRYPTION FOR SENSITIVE DATA. (a) Requirement for Encryption.-- (1) In general.--All sensitive data maintained by the Federal Government, including such data maintained in Federal computer systems, shall be secured by the use of the most secure encryption standard recognized by the National Institute of Standards and Technology. (2) Updating required every 6 months.--Any sequence of characters (known as an encryption key) used to secure an encryption standard used on Federal computer systems shall be changed every 6 months, at a minimum, to provide additional security. (3) Implementation.--The requirements of this subsection shall be implemented not later than 6 months after the date of the enactment of this Act. (b) Federal Agency Responsibilities.--The head of each agency shall be responsible for complying with the requirements of subsection (a) within the agency. Such requirement shall be considered to be a requirement of subchapter III of chapter 35 of title 44, United States Code, for purposes of section 3544(a)(1)(B) of such title. SEC. 4. REQUIREMENTS RELATING TO ACCESS BY AGENCY PERSONNEL TO SENSITIVE DATA. (a) On-Site Access.--No employee of the Federal government may have access to sensitive data on Government property unless the employee has received a security clearance at the ``secret'' level or higher and has completed a financial disclosure form, in accordance with applicable provisions of law and regulation. (b) Off-Site Access.-- (1) Prohibition.--Sensitive data maintained by an agency may not be transported or accessed from a location off Government property unless a request for such transportation or access is submitted and approved by the Inspector General of the agency in accordance with paragraph (2). (2) Procedures.-- (A) Deadline for approval or disapproval.--In the case of any request submitted under paragraph (1) to an Inspector General of an agency, the Inspector General shall approve or disapprove the request within 2 business days after the date of submission of the request. (B) Limitation to 10,000 records.--If a request is approved, the Inspector General shall limit the access to not more than 10,000 records at a time. (3) Encryption.--Any technology used to store, transport, or access sensitive data during for purposes of off-site access approved under this subsection shall be secured by the use of the most secure encryption standard recognized by the National Institute of Standards and Technology. (c) Implementation.--The requirements of this subsection shall be implemented not later than 6 months after the date of the enactment of this Act. SEC. 5. REQUIREMENTS RELATING TO GOVERNMENT CONTRACTORS INVOLVING SENSITIVE DATA. (a) Applicability to Government Contractors.--In entering into any contract that may involve sensitive data in electronic or digital form on 10,000 or more United States citizens, an agency shall require the contractor and employees of the contractor to comply with the requirements of sections 3 and 4 of this Act in the performance of the contract, in the same manner as agencies and government employees comply with such requirements. (b) Implementation.--The requirements of this subsection shall be implemented with respect to contracts entered into on or after the date occurring 6 months after the date of the enactment of this Act.

Federal Agency Data Privacy Protection Act - Sets forth requirements: (1) for the use of encryption for sensitive data maintained by the federal government; (2) relating to access by agency personnel to sensitive data; and (3) relating to government contractors and their employees involving sensitive data.

To increase the security of sensitive data maintained by the Federal Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Jet Air Service Improvement Act''. SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. Subtitle VII of title 49, United States Code, is amended by adding at the end thereof the following: ``Part E.--Regional Air Service Incentive Program ``Sec. ``49201. Purpose. ``49202. Definitions. ``49203. Loan guarantees. ``49204. Conditions and limitations. ``49205. Fees. ``49206. Use of Federal facilities; assistance. ``49207. Receipts; payments. ``49208. Termination. ``Sec. 49201. Purpose ``The purpose of this chapter is to improve service by jet aircraft to underserved markets by providing assistance, in the form of loan guarantees, to air carriers, commuter air carriers, and intrastate air carriers that purchase regional jet aircraft for use in serving those markets. Sec. 49202. Definitions ``As used in this part: ``(1) Aircraft purchase loan.--The term `aircraft purchase loan' means any loan, or commitment in connection with a loan, made for the purchase of commercial transport aircraft, including spare parts normally associated with the aircraft. ``(2) Air carrier.--The term `air carrier' means any air carrier (as that term is defined in section 40102(2)) holding a certificate of public convenience and necessity issued by the Secretary under section 41102. ``(3) Commuter air carrier.--The term `commuter air carrier' means air carrier operating pursuant to section 40104(a)(1)(A) who operates at least 5 round trip flights per week between 1 pair of points in accordance with published flight schedules. ``(4) Intrastate air carrier.--The term `intrastate air carrier' means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage primarily in intrastate air transportation (as such term is defined in section 40102(26)). ``(5) Nonhub airport.--The term `nonhub airport' means an airport that each year has less than .05 percent of the total annual boardings in the United States. ``(6) Regional jet aircraft.--The term `regional jet aircraft' means a civil aircraft (as defined in section 40102(16))-- ``(A) powered by jet propulsion; ``(B) with seating for not less than 30 nor more than 70 passengers (except that the Secretary may, for good cause shown, permit a variance of up to 5 passengers). ``(7) Small hub airport.--The term `small hub airport' means an airport that each year has at least .05 percent, but less than .25 percent, of the total annual boardings in the United States. ``(8) Underserved market.--The term `underserved market' means a passenger air transportation market (as defined by the Secretary that-- ``(A) is served (as determined by the Secretary) by a nonhub airport or a small hub airport; and ``(B) is not within a 50-mile radius of a primary airport (as defined in section 47102(11). ``Sec. 49203. Loan guarantees ``(a) In General.--The Secretary may guarantee any lender against loss of principal or interest on any aircraft purchase loan made by that lender to-- ``(1) any air carrier with respect to which the certificate issued that air carrier under chapter 41 of title 49, United States Code, authorizes-- ``(A) the air carrier to provide local or feeder air service; ``(B) scheduled passenger operations the major portion of which is conducted within the State of Hawaii; or ``(C) operations (the major portion of which is conducted either within Alaska or between Alaska and the 48 contiguous States), within the State of Alaska (including service between Alaska and the 48 contiguous States, and between Alaska and adjacent Canadian territory); ``(2) any commuter air carrier; or ``(3) any intrastate air carrier. ``(b) Form, Terms, and Conditions.--A guarantee shall be made under subsection (a)-- ``(1) in such form, on such terms and conditions; and ``(2) pursuant to such regulations, as the Secretary considers to be necessary and consistent with this part. ``Sec. 49204. Conditions and limitations ``(a) Limitations on Funds.-- ``(1) In general.--Subject to subsection (d), no loan guarantee shall be made under this part-- ``(1) extending to more than the unpaid interest and 90 percent of the unpaid principal of any loan; ``(2) on any loan or combination of loans for more than 90 percent of the purchase price of the aircraft, including spare parts, to be purchased with the loan; ``(3) on any loan with respect to which terms permit full repayment more than 15 years after the date the loan is made; ``(4) in any case in which the total face amount of the loan, and any other loans to the same air carrier, commuter air carrier, or intrastate air carrier or corporate predecessor of that air carrier, commuter air carrier, or intrastate air carrier that are guaranteed and outstanding under the terms of this part exceed $100,000,000. ``(b) Conditions for Making Loans.--Subject to subsection (c), the Secretary may only make a loan guarantee under this part if the Secretary finds that-- ``(1) the aircraft to be purchased with the loan is a regional jet aircraft needed to improve the service and efficiency of operation of the air carrier, commuter air carrier, or intrastate air carrier; ``(2) the air carrier, commuter air carrier, or intrastate air carrier agrees to use the aircraft to provide service to underserved markets; and ``(3) the prospective earning power-- ``(A) of the applicant air carrier, together with the character and value of the security pledged, furnish-- ``(i) reasonable assurances of the ability of the applicant to repay the loan within the term for the loan; and ``(ii) reasonable protection to the United States; and ``(B) of the applicant commuter air carrier or intrastate air carrier, together with the character and value of the security pledged, furnish-- ``(i) reasonable assurances of the applicant's ability and intention to repay the loan within the term of the loan-- ``(I) to continue its operations as a commuter air carrier or intrastate air carrier; and ``(II) to the extent that the Secretary determines to be necessary, to continue its operations as a commuter air carrier or intrastate air carrier between the same route or routes being operated by the applicant at the time of the loan guarantee; and ``(ii) reasonable protection to the United States. ``(c) Requirement.--Subject to subsection (d), no loan guarantee may be made under this part on any loan or combination of loans for the purchase of any new turbo-jet-powered aircraft that does not comply with the noise standards prescribed for new subsonic aircraft in regulations issued by the Secretary, acting through the Administrator of the Federal Aviation Administration, contained in 14 CFR part 36, as those regulations were in effect on January 1, 1977. ``(d) Other Limitations.-- ``(1) In general.--No loan guarantee shall be made by the Secretary under this part on any loan for the purchase of a regional jet aircraft unless the air carrier, commuter air carrier, or intrastate air carrier agrees that it will provide service to the underserved market for which the aircraft is purchased for a period of not less than 12 consecutive months after the aircraft is placed in service and the air carrier, commuter air carrier, or intrastate air carrier is authorized to provide service to that market. ``Sec. 49205. Fees ``The Secretary shall prescribe and collect from a lending institution a reasonable guaranty fee in connection with each loan guaranteed under this part. ``Sec. 49206. Use of Federal facilities; assistance ``(a) Use of Federal Facilities.--To permit the Secretary to make use of such expert advice and services as the Secretary may require in carrying out this part, the Secretary may use available services and facilities of other agencies and instrumentalities of the Federal Government-- ``(1) with the consent of the appropriate Federal officials; and ``(2) on a reimbursable basis. ``(b) Assistance.--The head of each appropriate department or agency of the Federal Government shall exercise the duties and functions of that head in such manner as to assist in carrying out the policy specified in section 49201. ``(c) Oversight.--The Secretary shall make available to the Comptroller General of the United States such information with respect to the loan guarantee program conducted under this part as the Comptroller General may require to carry out the duties of the Comptroller General under chapter 7 of title 31, United States Code. ``Sec. 49207. Receipts; payments ``(a) Miscellaneous.--Amounts received by the Secretary pursuant to this part shall be credited to miscellaneous receipts of the Treasury. ``(b) Payments.--Payments to lenders required as a consequence of any loan guarantee made under this part may be made from funds appropriated pursuant to the authorization under section 3 of the Regional Jet Air Service Improvement Act. ``(c) Administrative Expenses.--In carrying out this part, the Secretary shall use funds made available by appropriations to the Department of Transportation for the purpose of administration to cover administrative expenses of the loan guarantee program under this part. ``Sec. 49208. Termination ``The authority of the Secretary under section 49203 shall terminate on the date that is 5 years after the date of enactment of the Regional Jet Air Service Improvement Act.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out part E of subtile VII of title 49, United States Code.

Regional Jet Air Service Improvement Act - Amends Federal aviation law to authorize the Secretary of Transportation to guarantee loans to certain air carriers, including commuter and intrastate air carriers, for the purchase of regional jet aircraft that provide service to underserved markets. Sets forth certain requirements with respect to such loans. Authorizes the Secretary to use the available services and facilities of other Federal agencies to carry out this Act. Authorizes appropriations.

Regional Jet Air Service Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Flexibility Amendments Act of 1996''. SEC. 2. JUDICIAL REVIEW. (a) Amendment.--Section 611 of title 5, United States Code, is amended to read as follows: ``Sec. 611. Judicial review ``(a)(1) Not later than one year, notwithstanding any other provision of law, after the effective date of a final rule with respect to which an agency-- ``(A) certified, pursuant to section 605(b), that such rule would not have a significant economic impact on a substantial number of small entities; or ``(B) prepared a final regulatory flexibility analysis pursuant to section 604, an affected small entity may petition for the judicial review of such certification or analysis in accordance with the terms of this subsection. A court having jurisdiction to review such rule for compliance with the provisions of section 553 or under any other provision of law shall have jurisdiction to review such certification or analysis. In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b), a petition for judicial review under this subsection shall be filed not later than one year, notwithstanding any other provision of law, after the date the analysis is made available to the public. ``(2) For purposes of this subsection, the term `affected small entity' means a small entity that is or will be adversely affected by the final rule. ``(3) Nothing in this subsection shall be construed to affect the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law. ``(4)(A) In the case where the agency certified that such rule would not have a significant economic impact on a substantial number of small entities, the court may order the agency to prepare a final regulatory flexibility analysis pursuant to section 604 if the court determines, on the basis of the rulemaking record, that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. ``(B) In the case where the agency prepared a final regulatory flexibility analysis, the court may order the agency to take corrective action consistent with the requirements of section 604 if the court determines, on the basis of the rulemaking record, that the final regulatory flexibility analysis was prepared by the agency without observance of procedure required by section 604. ``(5) If, by the end of the 90-day period beginning on the date of the order of the court pursuant to paragraph (4) (or such longer period as the court may provide), the agency fails, as appropriate-- ``(A) to prepare the analysis required by section 604; or ``(B) to take corrective action consistent with the requirements of section 604, the court may stay the rule or grant such other relief as it deems appropriate. ``(6) In making any determination or granting any relief authorized by this subsection, the court shall take due account of the rule of prejudicial error. ``(b) In an action for the judicial review of a rule, any regulatory flexibility analysis for such rule (including an analysis prepared or corrected pursuant to subsection (a)(4)) shall constitute part of the whole record of agency action in connection with such review. ``(c) Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply only to final agency rules issued after the date of enactment of this Act. SEC. 3. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR ADVOCACY. (a) In General.--Section 612 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d) Action by the SBA Chief Counsel for Advocacy.-- ``(1) Transmittal of proposed rules and initial regulatory flexibility analysis to sba chief counsel for advocacy.--On or before the 30th day preceding the date of publication by an agency of general notice of proposed rulemaking for a rule, the agency shall transmit to the Chief Counsel for Advocacy of the Small Business Administration-- ``(A) a copy of the proposed rule; and ``(B)(i) a copy of the initial regulatory flexibility analysis for the rule if required under section 603; or ``(ii) a determination by the agency that an initial regulatory flexibility analysis is not required for the proposed rule under section 603 and an explanation for the determination. ``(2) Statement of effect.--On or before the 15th day following receipt of a proposed rule and initial regulatory flexibility analysis from an agency under paragraph (1), the Chief Counsel for Advocacy may transmit to the agency a written statement of the effect of the proposed rule on small entities. ``(3) Response.--If the Chief Counsel for Advocacy transmits to an agency a statement of effect on a proposed rule in accordance with paragraph (2), the agency shall publish the statement, together with the response of the agency to the statement, in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule. ``(4) Special rule.--Any proposed rules issued by an appropriate Federal banking agency (as that term is defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), the National Credit Union Administration, or the Office of Federal Housing Enterprise Oversight, in connection with the implementation of monetary policy or to ensure the safety and soundness of federally insured depository institutions, any affiliate of such an institution, credit unions, or government sponsored housing enterprises or to protect the Federal deposit insurance funds shall not be subject to the requirements of this subsection.''. (b) Conforming Amendment.--Section 603(a) of title 5, United States Code, is amended by inserting ``in accordance with section 612(d)'' before the period at the end of the last sentence. SEC. 4. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR ADVOCACY. It is the sense of Congress that the Chief Counsel for Advocacy of the Small Business Administration should be permitted to appear as amicus curiae in any action or case brought in a court of the United States for the purpose of reviewing a rule.

Regulatory Flexibility Amendments Act of 1996 - Permits an affected small business, within one year after the effective date of a final rule, to petition for judicial review of an agency's: (1) certification that such rule would not have a significant economic impact on a substantial number of small businesses; or (2) final regulatory flexibility analysis for such rule. Authorizes the court to: (1) order an agency to prepare a final regulatory analysis for a rule for which such a certification was arbitrary, capricious, or an abuse of discretion; (2) order an agency to take appropriate corrective action for a final regulatory flexibility analysis that was prepared without observance of the proper procedure; and (3) stay the rule or grant other appropriate relief if the agency fails to take such action within 90 days. Requires an agency, on or before the 30th day preceding the date of publication of a general notice of proposed rulemaking, to transmit to the Chief Counsel for Advocacy of the Small Business Administration: (1) a copy of the proposed rule; and (2) a copy of the initial regulatory flexibility analysis for the rule or a determination that such an analysis is not required. Directs the Chief Counsel, within 15 days thereafter, to transmit to such agency a written statement of the effect of the proposed rule on small entities. Requires publication of such response in the Federal Register. Provides a special rule with respect to proposed rules of certain Federal banking agencies. Expresses the sense of the Congress that the Chief Counsel should be permitted to appear as amicus curiae in any action brought for the purpose of reviewing a rule.

Regulatory Flexibility Amendments Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Affordability Act of 1996''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) In General.--Part VII of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HIGHER EDUCATION TUITION AND FEES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction the amount of qualified higher education expenses paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed $5,000 ($2,500 in the case of a married individual filing separately). ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The dollar limitation which would (but for this paragraph) be taken into account under paragraph (1) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to such dollar limitation as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $60,000 ($80,000 in the case of a joint return), bears to ``(ii) $15,000. ``(C) Modified adjusted gross income.--For purposes of subparagraph (B), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 911, 931, and 933, and ``(ii) after the application of sections 86, 135, 219, and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(c) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such expenses-- ``(i) are part of a degree program, or ``(ii) are deductible under this chapter without regard to this section. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii)(I) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education, or ``(II) is enrolled in a course which enables the student to improve the student's job skills or to acquire new job skills. ``(E) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) is eligible to participate in programs under title IV of such Act. ``(d) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified higher education expenses with respect to which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expenses under such other provision. ``(B) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(C) Savings bond exclusion.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for any taxable year only to the extent the qualified higher education expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship (as defined in section 117) which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) Married individuals filing separate returns.--In the case of a married individual filing a separate return, subsection (b)(2)(B) shall be applied by substituting `$40,000' for `$60,000' and `$7,500' for `$15,000'. For purposes of this section, marital status shall be determined under section 7703. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Higher education tuition and fees.--The deduction allowed by section 220.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 220 and inserting: ``Sec. 220. Higher education tuition and fees. ``Sec. 221. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1995.

Education Affordability Act of 1996 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $5,000 ($2,500 in case of a married individual filing separately). Provides for a limitation based on modified adjusted gross income and other limitations.

Education Affordability Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Affordability Act''. SEC. 2. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2015,''; and (2) in clause (v), by striking ``and before July 1, 2013,'' and inserting ``and before July 1, 2015,''. SEC. 3. MODIFICATIONS OF REQUIRED DISTRIBUTION RULES FOR PENSION PLANS. (a) In General.--Section 401(a)(9)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Required distributions where employee dies before entire interest is distributed.-- ``(i) 5-year general rule.--A trust shall not constitute a qualified trust under this section unless the plan provides that, if an employee dies before the distribution of the employee's interest (whether or not such distribution has begun in accordance with subparagraph (A)), the entire interest of the employee will be distributed within 5 years after the death of such employee. ``(ii) Exception for eligible designated beneficiaries.--If-- ``(I) any portion of the employee's interest is payable to (or for the benefit of) an eligible designated beneficiary, ``(II) such portion will be distributed (in accordance with regulations) over the life of such eligible designated beneficiary (or over a period not extending beyond the life expectancy of such beneficiary), and ``(III) such distributions begin not later than 1 year after the date of the employee's death or such later date as the Secretary may by regulations prescribe, then, for purposes of clause (i) and except as provided in clause (iv) or subparagraph (E)(iii), the portion referred to in subclause (I) shall be treated as distributed on the date on which such distributions begin. ``(iii) Special rule for surviving spouse of employee.--If the eligible designated beneficiary referred to in clause (ii)(I) is the surviving spouse of the employee-- ``(I) the date on which the distributions are required to begin under clause (ii)(III) shall not be earlier than the date on which the employee would have attained age 70\1/ 2\, and ``(II) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be applied as if the surviving spouse were the employee. ``(iv) Rules upon death of eligible designated beneficiary.--If an eligible designated beneficiary dies before the portion of an employee's interest described in clause (ii) is entirely distributed, clause (ii) shall not apply to any beneficiary of such eligible designated beneficiary and the remainder of such portion shall be distributed within 5 years after the death of such beneficiary.''. (b) Definition of Eligible Designated Beneficiary.--Section 401(a)(9)(E) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) Definitions and rules relating to designated beneficiary.--For purposes of this paragraph-- ``(i) Designated beneficiary.--The term `designated beneficiary' means any individual designated as a beneficiary by the employee. ``(ii) Eligible designated beneficiary.-- The term `eligible designated beneficiary' means, with respect to any employee, any designated beneficiary who, as of the date of death of the employee, is-- ``(I) the surviving spouse of the employee, ``(II) subject to clause (iii), a child of the employee who has not reached majority (within the meaning of subparagraph (F)), ``(III) disabled (within the meaning of section 72(m)(7)), ``(IV) a chronically ill individual (within the meaning of section 7702B(c)(2), except that the requirements of subparagraph (A)(i) thereof shall only be treated as met if there is a certification that, as of such date, the period of inability described in such subparagraph with respect to the individual is an indefinite one that is reasonably expected to be lengthy in nature), or ``(V) an individual not described in any of the preceding subparagraphs who is not more than 10 years younger than the employee. ``(iii) Special rule for children.--Subject to subparagraph (F), an individual described in clause (ii)(II) shall cease to be an eligible designated beneficiary as of the date the individual reaches majority and the requirement of subparagraph (B)(i) shall not be treated as met with respect to any remaining portion of an employee's interest payable to the individual unless such portion is distributed within 5 years after such date.''. (c) Required Beginning Date.--Section 401(a)(9)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Employees becoming 5-percent owners after age 70\1/2\.--If an employee becomes a 5- percent owner (as defined in section 416) with respect to a plan year ending in a calendar year after the calendar year in which the employee attains age 70\1/2\, then clause (i)(II) shall be applied by substituting the calendar year in which the employee became such an owner for the calendar year in which the employee retires.''. (d) Effective Dates.-- (1) In general.--Except as provided in this subsection, the amendments made by this section shall apply to distributions with respect to employees who die after December 31, 2013. (2) Required beginning date.-- (A) In general.--The amendment made by subsection (c) shall apply to employees becoming a 5-percent owner with respect to plan years ending in calendar years beginning before, on, or after the date of the enactment of this Act. (B) Special rule.--If-- (i) an employee became a 5-percent owner with respect to a plan year ending in a calendar year which began before January 1, 2013, and (ii) the employee has not retired before calendar year 2014, such employee shall be treated as having become a 5- percent owner with respect to a plan year ending in 2013 for purposes of applying section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986 (as added by the amendment made by subsection (c)). (3) Exception for certain beneficiaries.--If a designated beneficiary of an employee who dies before January 1, 2014, dies after December 31, 2013-- (A) the amendments made by this section shall apply to any beneficiary of such designated beneficiary, and (B) the designated beneficiary shall be treated as an eligible designated beneficiary for purposes of applying section 401(a)(9)(B)(iv) of such Code (as in effect after the amendments made by this section). (4) Exception for certain existing annuity contracts.-- (A) In general.--The amendments made by this section shall not apply to a qualified annuity which is a binding annuity contract in effect on the date of the enactment of this Act and at all times thereafter. (B) Qualified annuity contract.--For purposes of this paragraph, the term ``qualified annuity'' means, with respect to an employee, an annuity-- (i) which is a commercial annuity (as defined in section 3405(e)(6) of such Code) or payable by a defined benefit plan, (ii) under which the annuity payments are substantially equal periodic payments (not less frequently than annually) over the lives of such employee and a designated beneficiary (or over a period not extending beyond the life expectancy of such employee or the life expectancy of such employee and a designated beneficiary) in accordance with the regulations described in section 401(a)(9)(A)(ii) of such Code (as in effect before such amendments) and which meets the other requirements of this section 401(a)(9) of such Code (as so in effect) with respect to such payments, and (iii) with respect to which-- (I) annuity payments to the employee have begun before January 1, 2014, and the employee has made an irrevocable election before such date as to the method and amount of the annuity payments to the employee or any designated beneficiaries, or (II) if subclause (I) does not apply, the employee has made an irrevocable election before the date of the enactment of this Act as to the method and amount of the annuity payments to the employee or any designated beneficiaries. SEC. 4. LIMITATION ON EARNINGS STRIPPING BY EXPATRIATED ENTITIES. (a) In General.--Subsection (j) of section 163 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraph (9) as paragraph (10), and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Special rules for expatriated entities.-- ``(A) In general.--In the case of a corporation to which this subsection applies which is an expatriated entity, this subsection shall apply to such corporation with the following modifications: ``(i) Paragraph (2)(A) shall be applied without regard to clause (ii) thereof. ``(ii) Paragraph (1)(B) shall be applied-- ``(I) without regard to the parenthetical, and ``(II) by substituting `in the 1st succeeding taxable year and in the 2nd through 10th succeeding taxable years to the extent not previously taken into account under this subparagraph' for `in the succeeding taxable year'. ``(iii) Paragraph (2)(B) shall be applied-- ``(I) without regard to clauses (ii) and (iii), and ``(II) by substituting `25 percent of the adjusted taxable income of the corporation for such taxable year' for the matter of clause (i)(II) thereof. ``(B) Expatriated entity.--For purposes of this paragraph-- ``(i) In general.--With respect to a corporation and a taxable year, the term `expatriated entity' has the meaning given such term by section 7874(a)(2), determined as if such section and the regulations under such section as in effect on the first day of such taxable year applied to all taxable years of the corporation beginning after July 10, 1989. ``(ii) Exception for surrogates treated as a domestic corporation.--The term `expatriated entity' does not include a surrogate foreign corporation which is treated as a domestic corporation by reason of section 7874(b).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. MODIFICATIONS RELATED TO THE OIL SPILL LIABILITY TRUST FUND. (a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Crude oil.--The term `crude oil' includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, and any oil derived from a bitumen or bituminous mixture.''. (b) Removing Restrictions Relating to Oil Wells and Extraction Methods.--Paragraph (2) of section 4612(a) of the Internal Revenue Code of 1986 is amended by striking ``from a well located''. (c) Permanent Extension of Oil Spill Liability Trust Fund Financing Rate.--Section 4611(f) is amended by striking subsection (f). (d) Clerical Amendment.--Subclause (I) of section 4612(e)(2)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking ``tranferred'' and inserting ``transferred''. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to crude oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. SEC. 6. RESERVING RESULTING SURPLUSES FOR DEFICIT REDUCTION. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

Student Loan Affordability Act - Amends the Higher Education Act of 1965 to extend until June 30, 2015, existing interest rates for loans made to undergraduate students under the Federal Direct Stafford Loan program. Amends the Internal Revenue Code to modify rules for required distributions from tax-exempt pension plans to an employee who dies before such employee's entire interest is distributed to require such interest to be distributed within five years after the death of such employee, subject to exceptions for an eligible designated beneficiary and surviving spouse of such employee. Defines "eligible designated beneficiary" to include a disabled or chronically-ill individual. Exempts from such modification a binding annuity contract in effect on the enactment date of this Act. Amends the Internal Revenue Code to: (1) limit the deductibility of interest payments made by a corporation which is an expatriated entity to a related person; (2) expand the definition of "crude oil" for purposes of the excise tax on petroleum to include crude oil condensates, natural gasoline, any bitumen or bituminous mixture, and any oil derived from a bitumen or bituminous mixture; (3) eliminate the requirement that such crude oil be produced in a well located in the United States; and (4) make permanent the Oil Spill Liability Trust Fund financing rate. Exempts the budgetary effects of this Act from the requirements of specified PAYGO scorecards.

Student Loan Affordability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Through Fair Oil Royalties Act''. SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person has-- (1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (c) Use of Amounts for Deficit Reduction.--Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. (d) Definitions.--In this section-- (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010.

Deficit Reduction Through Fair Oil Royalties Act - Prohibits the Secretary of the Interior from issuing new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act (OCSLA) to a person that does not renegotiate its existing leases in order to require royalty payments if oil and natural gas prices are greater than or equal to specified price thresholds. Authorizes the Secretary, in the case of multiple lessees, to implement a separate agreement modifying payment responsibilities (including such price thresholds) with any lessee that owns a lease share. Prescribes analogous requirements for lease transfers. Requires rentals or royalties received by the United States to be deposited in the Treasury for federal budget deficit reduction or, if there is no federal budget deficit, for reducing the federal debt. Directs the Secretary to agree to a lessee's request to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension requirements that are equal to or less than the price thresholds specified under OCSLA.

To prohibit the Secretary of the Interior from issuing any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act to a person that does not renegotiate existing leases held by the person to incorporate limitations on royalty relief based on market price that are equal to or less than price thresholds that apply to other leases under that Act, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) Air medical critical care transport is an essential component of the healthcare system. (2) The presence of air medical services in rural areas provides tens of millions of rural Americans with access to critical care within an hour of injury. (3) As an emergency responder, air medical providers must maintain readiness 24 hours a day and 7 days a week. (4) Air medical providers transport all emergent patients for which they are dispatched regardless of insurance status or ability to pay. (5) The air ambulance fee schedule under the Medicare program was first implemented in 2002 and developed through negotiated rulemaking, which required the new fee schedule to be created in a budget neutral manner. As such, the Medicare air ambulance fee schedule has never reflected true costs. (6) Since the implementation of the air ambulance fee schedule under the Medicare program, reimbursements have only been adjusted by inflationary updates averaging 2.2 percent a year. (7) Operational readiness and safety enhancement costs have grown at a far faster rate than the Medicare inflationary updates, creating a fundamental imbalance within the air ambulance fee schedule. (8) It is imperative that balance be restored to the air ambulance fee schedule to preserve access to timely care for tens of millions of Americans. SEC. 2. AIR AMBULANCE DATA REPORTING PROGRAM. Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended-- (1) in paragraph (3)(B), by striking ``subparagraph (C)'' and inserting ``subparagraph (C) and paragraph (16)''; and (2) by adding at the end the following new paragraphs: ``(16) Air ambulance data reporting program.-- ``(A) Reduction in update for failure to report.-- ``(i) In general.--With respect to air ambulance services furnished by a supplier or provider of air ambulance services during 2017 or any subsequent year, in the case the supplier or provider does not submit data to the Secretary in accordance with subparagraph (C) with respect to such year, after determining the percentage increase under paragraph (3)(B), and after application of paragraph (3)(C), the Secretary shall reduce such percentage increase for payments under the fee schedule under this subsection during such year by 2.0 percentage points. ``(ii) Special rule.--The application of this subparagraph may result in such percentage increase being less than 0.0 for a year, and may result in payment rates under the fee schedule under this subsection for a year being less than such payment rates for the preceding year. ``(B) Noncumulative application.--Any reduction under subparagraph (A) shall apply only with respect to the year involved and the Secretary shall not take into account such reduction in computing the payment amount under the fee schedule under this subsection for a subsequent year. ``(C) Submission of data.--For 2017 and each subsequent year, for purposes of this paragraph, each supplier or provider of air ambulance services shall submit to the Secretary data specified under subparagraph (D) for the reporting period (specified by the Secretary) for the year. Such data shall be submitted in a form and manner, and at a time, specified by the Secretary for purposes of this subparagraph. ``(D) Data.--For purposes of reporting data for air ambulance services furnished during a year, the data described in this subparagraph are cost data on the following: ``(i) Maintenance of aircrafts. ``(ii) Medical supplies. ``(iii) Fuel. ``(iv) Employee expenses. ``(v) Recurring training relating to aviation, maintenance, communication, and clinical. ``(vi) Rent and utilities. ``(vii) Communications. ``(viii) Travel. ``(ix) Hull and aviation liability insurance, life insurance, and professional malpractice insurance. ``(x) Marketing. ``(xi) Supplies. ``(xii) Overhead support. ``(xiii) Aircraft ownership expenses. ``(xiv) Safety enhancement capital costs. ``(xv) Safety enhancement recurring costs. ``(E) Voluntary reporting on quality measures.--Not later than January 1, 2018, the Secretary shall select no less than two quality measures with respect to which providers and suppliers of air ambulance services may voluntarily submit to the Secretary data. In selecting such measures, the Secretary shall consider the following: ``(i) Ventilator use in patients with advanced airways. ``(ii) Blood glucose check for altered mental status. ``(iii) Waveform capnography for ventilated patients. ``(iv) First attempt tracheal tube success. ``(v) DASH 1A-definitive airway sans hypoxia/hypotension on first attempt. ``(vi) Verification of tracheal tube placement. ``(vii) Medication errors on transport. ``(viii) Rapid sequence intubation protocol compliance. ``(ix) Unplanned dislodgements of therapeutic devices. ``(x) Rate of serious reportable events. ``(xi) Medical equipment failure. ``(F) Reports.-- ``(i) By secretary.--Not later than July 1, 2019, subject to clause (iii), the Secretary shall submit to Congress a report on the data described in subparagraph (E) submitted to the Secretary. ``(ii) By comptroller general.--Not later than July 1, 2019, subject to clause (iii), the Comptroller General of the United States shall submit to Congress a report on the data described in subparagraph (D) and subparagraph (E) submitted under this paragraph. Such report shall include a recommendation on the adequate amount of reimbursement under this title to providers and suppliers of air ambulance services for furnishing such services that would reflect operational costs of such providers and suppliers and preserve access to critical air medical services and such other recommendations as the Comptroller General deems appropriate. ``(iii) Limitation.--The reports submitted under subclauses (i) and (ii) shall not include any information that the Secretary or Comptroller General, respectively, determines is proprietary. ``(17) Increase in payment for air ambulance services.-- ``(A) In general.--Subject to subparagraph (B), In the case of air ambulance services furnished on or after January 1, 2017, and before January 1, 2021, the Secretary shall provide for a percent increase in the base rate of the fee schedule established under this subsection-- ``(i) during 2017, by 20 percent; and ``(ii) during 2018 through 2020, by 5 percent. ``(B) Adjustment to ensure budget neutrality.--For 2017 through 2020, the Secretary shall adjust the percentages described in clauses (i) and (ii) of subparagraph, by either increasing or reducing (but in no case below zero) such percentages, to ensure that the increased expenditures under this part by reason of subparagraph (A) are equal to the reduced expenditures under this part by reason of paragraph (16).''.

This bill amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services, with respect to air ambulance services furnished during 2017 or any subsequent year, to reduce the mandatory percentage increase (inflation adjustment) for payments under the fee schedule by 2.0% for any supplier or provider that fails to submit to the Secretary specified data. The Secretary is required to select at least two quality measures with respect to which such providers and suppliers may voluntarily submit such data. The Government Accountability Office is required to report to Congress on all such data, together with a recommendation on the adequate amount of Medicare reimbursement to providers and suppliers that would reflect their operational costs and preserve access to critical air medical services. The Secretary is required, in the case of air ambulance services furnished during calendar 2017 through 2021 to make a percentage increase in the base rate of the fee schedule: (1) by 20% during 2017, and (2) by 5% during 2018-2020. The Secretary must also, for 2017 through 2020, adjust such percentages, by either increasing or reducing them (but in no case below zero) to ensure that the increased expenditures under this Act are equal to the reduced expenditures.

A bill to amend title XVIII of the Social Security Act to require reporting of certain data by providers and suppliers of air ambulance services for purposes of reforming reimbursements for such services under the Medicare program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Trafficking Victims Protection Reauthorization Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AUTHORIZATIONS OF APPROPRIATIONS Sec. 101. Authorization of appropriations in support of the Interagency Task Force to Monitor and Combat Trafficking. Sec. 102. Authorization of appropriations to the Secretary of Health and Human Services. Sec. 103. Authorization of appropriations to the Secretary of State. Sec. 104. Authorization of appropriations to the Attorney General. Sec. 105. Authorization of appropriations to the President. Sec. 106. Authorization of appropriations to the Secretary of Labor. Sec. 107. Authorization of appropriations to the Director of the Federal Bureau of Investigation. Sec. 108. Authorization of appropriations to the Secretary of Homeland Security. Sec. 109. Authorization of appropriations to the Administrator of the United States Agency for International Development. Sec. 110. Effective date; rule of construction. TITLE II--OTHER PROVISIONS Sec. 201. Eligibility of juvenile victims of trafficking in persons for interim assistance. Sec. 202. Model State legislation to define and prohibit acts relating to prostitution of children and trafficking in children. Sec. 203. Technical and conforming amendments. TITLE I--AUTHORIZATIONS OF APPROPRIATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS IN SUPPORT OF THE INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING. Section 113(a) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(a)) is amended to read as follows: ``(a) Authorization of Appropriations in Support of the Task Force.--To carry out the purposes of sections 116(f) and 502B(h) of the Foreign Assistance Act of 1961 (as added by section 104), and sections 105(e), 105(f) and 110, there are authorized to be appropriated to the Secretary of State $5,500,000 for each of the fiscal years 2008 through 2010. In addition, there are authorized to be appropriated to the Office to Monitor and Combat Trafficking for official reception and representation expenses $3,000 for each of the fiscal years 2008 through 2010.''. SEC. 102. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HEALTH AND HUMAN SERVICES. (a) Protection and Assistance for Victims of Trafficking in the United States.--Section 113(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(b)) is amended to read as follows: ``(b) Authorization of Appropriations to the Secretary of Health and Human Services.--To carry out the purposes of section 107(b) of this title, there are authorized to be appropriated to the Secretary of Health and Human Services $15,000,000 for each of the fiscal years 2008 through 2010.''. (b) Grant Program To Develop, Expand, and Strengthen Assistance Programs for Certain Persons Subject to Trafficking.--Section 202(d) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2008 through 2010 to carry out the activities described in this section.''. (c) Protection of Juvenile Victims of Trafficking in Persons.-- Section 203(g) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044b(g)) is amended to read as follows: ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section $5,000,000 for each of the fiscal years 2008 through 2010.''. SEC. 103. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF STATE. Section 113(c) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(c)) is amended to read as follows: ``(c) Authorization of Appropriations to the Secretary of State.-- ``(1) Bilateral assistance to combat trafficking.-- ``(A) Prevention.--To carry out the purposes of section 106, there are authorized to be appropriated to the Secretary of State $10,000,000 for each of the fiscal years 2008 through 2010. ``(B) Protection.--To carry out the purposes of section 107(a), there are authorized to be appropriated to the Secretary of State $10,000,000 for each of the fiscal years 2008 through 2010. ``(C) Prosecution and meeting minimum standards.-- To carry out the purposes of section 134 of the Foreign Assistance Act of 1961 (as added by section 109), there are authorized to be appropriated $10,000,000 for each of the fiscal years 2008 through 2010 to assist in promoting prosecution of traffickers and otherwise to assist countries in meeting the minimum standards described in section 108 of this Act, including $250,000 for each such fiscal year to carry out training activities for law enforcement officers, prosecutors, and members of the judiciary with respect to trafficking in persons at the International Law Enforcement Academies. ``(2) Preparation of annual country reports on human rights.--To carry out the purposes of sections 116(f) and 502B(h) of the Foreign Assistance Act of 1961 (as added by section 104), there are authorized to be appropriated to the Secretary of State such sums as may be necessary to include the additional information required by that section in the annual Country Reports on Human Rights Practices, including the preparation and publication of the list described in subsection (a)(1) of that section.''. SEC. 104. AUTHORIZATION OF APPROPRIATIONS TO THE ATTORNEY GENERAL. (a) Protection and Assistance for Victims of Trafficking in the United States; Assistance to Foreign Countries To Meet Minimum Standards for the Elimination of Trafficking.--Section 113(d) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(d)) is amended to read as follows: ``(d) Authorization of Appropriations to Attorney General.--To carry out the purposes of section 107(b), there are authorized to be appropriated to the Attorney General $15,000,000 for each of the fiscal years 2008 through 2010. To carry out the purposes of section 134 of the Foreign Assistance Act of 1961 (as added by section 109), there are authorized to be appropriated to the President, acting through the Attorney General and the Secretary of State, $250,000 for each of fiscal years 2008 through 2010 to carry out training activities for law enforcement officers, prosecutors, and members of the judiciary with respect to trafficking in persons at the International Law Enforcement Academies.''. (b) Program To Reduce Trafficking in Persons and Demand for Commercial Sex Acts in the United States.--Section 201(c) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(c)) is amended to read as follows: ``(c) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) $2,500,000 for each of the fiscal years 2008 and 2010 to carry out the activities described in subsection (a)(1)(B)(i) and $2,500,000 for each of the fiscal years 2008 and 2010 to carry out the activities described in subsection (a)(1)(B)(ii); and ``(2) $1,000,000 for each of the fiscal years 2008 and 2010 to carry out the activities described in subsection (a)(2).''. (c) Enhancing State and Local Efforts To Combat Trafficking in Persons.--Section 204(d) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $25,000,000 for each of the fiscal years 2008 through 2010.''. SEC. 105. AUTHORIZATION OF APPROPRIATIONS TO THE PRESIDENT. Section 113(e) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(e)) is amended to read as follows: ``(e) Authorization of Appropriations to President.-- ``(1) Foreign victim assistance.--To carry out the purposes of section 106, there are authorized to be appropriated to the President $15,000,000 for each of the fiscal years 2008 through 2010. ``(2) Assistance to foreign countries to meet minimum standards.--To carry out the purposes of section 134 of the Foreign Assistance Act of 1961 (as added by section 109), there are authorized to be appropriated to the President $15,000,000 for each of the fiscal years 2008 through 2010. ``(3) Research.--To carry out the purposes of section 112A, there are authorized to be appropriated to the President $300,000 for each of the fiscal years 2008 through 2010.''. SEC. 106. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF LABOR. Section 113(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(f)) is amended to read as follows: ``(f) Authorization of Appropriations to the Secretary of Labor.-- To carry out the purposes of section 107(b), there are authorized to be appropriated to the Secretary of Labor $10,000,000 for each of the fiscal years 2008 through 2010.''. SEC. 107. AUTHORIZATION OF APPROPRIATIONS TO THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION. Section 113(h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(h)) is amended to read as follows: ``(h) Authorization of Appropriations to Director of the FBI.-- There are authorized to be appropriated to the Director of the Federal Bureau of Investigation, $15,000,000 for each of the fiscal years 2008 through 2010, to remain available until expended, to investigate severe forms of trafficking in persons.''. SEC. 108. AUTHORIZATION OF APPROPRIATIONS TO THE SECRETARY OF HOMELAND SECURITY. Section 113(i) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110(i)) is amended to read as follows: ``(i) Authorization of Appropriations to the Secretary of Homeland Security.--There are authorized to be appropriated to the Secretary of Homeland Security, $18,000,000 for each of the fiscal years 2008 through 2010, to remain available until expended, for investigations by the Bureau of Immigration and Customs Enforcement of severe forms of trafficking in persons.''. SEC. 109. AUTHORIZATION OF APPROPRIATIONS TO THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. Section 102(b)(7) of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7105(b)(7) note) is amended to read as follows: ``(7) Authorization of appropriations.--There are authorized to be appropriated to the Administrator of the United States Agency for International Development to carry out this subsection $2,500,000 for each of the fiscal years 2008 through 2010.''. SEC. 110. EFFECTIVE DATE; RULE OF CONSTRUCTION. (a) Effective Date.--The amendments made by this title take effect on October 1, 2007, or the date of the enactment of this Act, whichever occurs later. (b) Rule of Construction.--The amendments made by this title shall not be construed to affect the availability of funds appropriated pursuant to the authorizations of appropriations under the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C. 7101 et seq.) and the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164) before the date of the enactment of this Act. TITLE II--OTHER PROVISIONS SEC. 201. ELIGIBILITY OF JUVENILE VICTIMS OF TRAFFICKING IN PERSONS FOR INTERIM ASSISTANCE. Section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)) is amended by adding at the end the following new subparagraph: ``(F) Eligibility of juvenile victims of trafficking in persons for interim assistance.-- ``(i) Determination.--With respect to a person referred to in subparagraph (C)(ii)(I) who is seeking assistance under this paragraph, if credible evidence is presented on behalf of the person that the person has been subjected to an act or practice described in section 103(8), the Secretary of Health and Human Services shall promptly make a determination of the person's eligibility for assistance under this paragraph. ``(ii) Exclusive authority.--The Secretary of Health and Human Services shall have exclusive authority in making determinations of eligibility under clause (i).''. SEC. 202. MODEL STATE LEGISLATION TO DEFINE AND PROHIBIT ACTS RELATING TO PROSTITUTION OF CHILDREN AND TRAFFICKING IN CHILDREN. (a) Requirement.--The Attorney General shall prepare model legislation for use by the States to define and prohibit all acts relating to prostitution of children and trafficking in children for the purpose of labor or sexual exploitation. (b) Availability.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall disseminate the model legislation prepared pursuant to subsection (a) to appropriate officials of each State and others, including the chief executive officer and legislative leaders of each State, and shall post the model legislation on the Web site of the Department of Justice for a period of not less than 2 years. (c) State Defined.--In this section, the term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa. SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS. (a) Division A of Public Law 106-386.--Sections 103(1) and 105(d)(7) of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386) are each amended by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''. (b) Public Law 109-164.--Section 102(b)(6) and subsections (c)(2)(B)(i) and (e)(2) of section 104 of the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164) are each amended by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''.

Trafficking Victims Protection Reauthorization Act of 2007 - Amends the Trafficking Victims Protection Act of 2000 to authorize trafficking victims-related appropriations for activities of: (1) the Interagency Task Force to Monitor and Combat Trafficking; (2) the Secretary of Health and Human Services; (3) the Secretary of State; (4) the President; (5) the Secretary of Labor; (6) the Director of the Federal Bureau of Investigation; (7) the Secretary of Homeland Security; and (8) the Administrator of the United States Agency for International Development. Makes juvenile victims of trafficking in persons eligible for interim assistance under such Act. Directs the Attorney General to prepare model legislation for state use to define and prohibit all acts relating to prostitution of children and trafficking in children for the purpose of labor or sexual exploitation.

To authorize appropriations for fiscal years 2008 through 2010 for the Trafficking Victims Protection Act of 2000, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arsenic-Treated Residential-Use Lumber Prohibition Act''. SEC. 2. HAZARDOUS WASTE CLASSIFICATION. Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the end the following: ``(3) CCA lumber.-- ``(A) Definitions.--In this paragraph: ``(i) CCA lumber.--The term `CCA lumber' means lumber that is treated with any pesticide that is a chromated copper arsenical. ``(ii) Pesticide.--The term `pesticide' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). ``(B) Regulation of cca lumber.-- ``(i) In general.--Notwithstanding section 261.4(b)(9) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), discarded CCA lumber shall be disposed of in a lined landfill with a leachate system and groundwater monitoring system. ``(ii) Risk assessment.-- ``(I) In general.--Not later than June 15, 2002, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production and use of CCA lumber. ``(II) Methodology.--In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Board. ``(C) Prohibition of production.-- ``(i) In general.--As soon as practicable after the date of enactment of this paragraph, the Administrator shall promulgate regulations that-- ``(I) provide for the gradual cessation of production of CCA lumber by not later than the date that is 1 year after the date of enactment of this paragraph; and ``(II) prohibit the production of CCA lumber on and after that date. ``(ii) Exemptions.--Clause (i) shall not apply to the production of CCA lumber used for-- ``(I) railroad ties; or ``(II) piers.''. SEC. 3. ASSISTANCE TO CONSUMERS, MUNICIPALITIES, AND SCHOOL SYSTEMS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) CCA lumber.--The term ``CCA lumber'' means lumber that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. (3) Pesticide.--The term ``pesticide'' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (b) Educational Program.--Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and conduct an educational program to assist consumers, municipalities, school systems, and other institutions in-- (1) testing arsenic levels in CCA lumber and soil surrounding CCA lumber; and (2) making decisions relating to the containment and removal of CCA lumber from homes, playgrounds, schools, and other facilities designed primarily for use by children. (c) Assistance for Schools.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in removing playground and other equipment containing CCA lumber from grounds of the school systems and conducting any necessary remediation. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. (a) In General.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended-- (1) by redesignating sections 33 and 34 as sections 34 and 35, respectively; and (2) by inserting after section 32 the following: ``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. ``(a) Definitions.--In this section: ``(1) CCA lumber.--The term `CCA lumber' means lumber that is treated with any pesticide that is a chromated copper arsenical. ``(2) Manufacture.--The `manufacture', with respect to CCA lumber and items described in subsection (b)(2)(A), includes-- ``(A) the creation of a product designed to be assembled by a consumer; and ``(B) the building of a product on behalf of a consumer in accordance with specifications given by the consumer. ``(b) Prohibition.--Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations that prohibit the use of CCA lumber-- ``(1) in the manufacture, production, or use of any product that may be used for or by children, including-- ``(A) playground equipment; ``(B) fences; ``(C) walkways; ``(D) decks; and ``(E) any other similar product, as determined by the Administrator; and ``(2) for any residential purpose, as determined by the Administrator.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by striking the items relating to sections 30 and 31 and inserting the following: ``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians. ``Sec. 31. Environmental Protection Agency minor use program. ``Sec. 32. Department of Agriculture minor use program. ``(a) In general. ``(b)(1) Minor use pesticide data. ``(2) Minor Use Pesticide Data Revolving Fund. ``Sec. 33. Prohibition of certain uses of arsenic-treated lumber. ``(a) Definitions. ``(1) CCA lumber. ``(2) Manufacture. ``(b) Prohibition. ``Sec. 34. Severability. ``Sec. 35. Authorization for appropriations.''.

Arsenic-Treated Residential-Use Lumber Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list lumber treated with a pesticide that is a chromated copper arsenical (CCA lumber) as a hazardous waste; (2) require disposal of discarded CCA lumber, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system; (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA lumber production and use; and (4) direct the Administrator to promulgate regulations for the gradual cessation and prohibition of production of such lumber.Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, municipalities, and school systems in testing arsenic levels and making decisions concerning CCA lumber containment and removal; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA lumber and remediation activities.Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator to promulgate regulations prohibiting the use of CCA lumber in the manufacture, production, or use of any product that may be used for or by children and for any residential purpose.

A bill to prohibit the use of arsenic-treated lumber to manufacture playground equipment, children's products, fences, walkways, and decks, and for all other residential purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconstructive Surgery Act of 1999''. SEC. 2. COVERAGE OF RECONSTRUCTIVE SURGERY (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) In general.--Section 2706 of the Public Health Service Act, as amended by Public Law 105-277, is amended to read as follows: ``SEC. 2706. COVERAGE OF RECONSTRUCTIVE SURGERY. ``(a) Requirement.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan that provides coverage for surgery shall provide coverage for reconstructive surgery. ``(b) Definition.--In subsection (a), the term `reconstructive surgery' means any medically necessary and appropriate surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to-- ``(1) improve functions; or ``(2) give the patient a normal appearance, to the extent possible, in the judgment of the physician performing the surgery. ``(c) Rule of Construction.-- ``(1) In general.--Nothing in this section shall be construed to require a group health plan or health insurance issuer in connection with a group health plan to provide coverage for cosmetic surgery. ``(2) Definition.--In paragraph (1), the term `cosmetic surgery' means surgery that is performed to alter or reshape normal structures of the body in order to improve appearance.''. (B) Conforming amendment.--Section 2723(c) of the Public Health Service Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) In general.--Section 713 of the Employee Retirement Income Security Act of 1974, as amended by Public Law 105-277, is amended to read as follows: ``SEC. 713. COVERAGE FOR RECONSTRUCTIVE SURGERY. ``(a) Requirement.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan that provides coverage for surgery shall provide coverage for reconstructive surgery. ``(b) Definition.--In subsection (a), the term `reconstructive surgery' means any medically necessary and appropriate surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to-- ``(1) improve functions; or ``(2) give the patient a normal appearance, to the extent possible, in the judgment of the physician performing the surgery. ``(c) Rule of Construction.-- ``(1) In general.--Nothing in this section shall be construed to require a group health plan or health insurance issuer in connection with a group health plan to provide coverage for cosmetic surgery. ``(2) Definition.--In paragraph (1), the term `cosmetic surgery' means surgery that is performed to alter or reshape normal structures of the body in order to improve appearance.''. (B) Conforming amendments.-- (i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Coverage for reconstructive surgery.''. (b) Individual Market.--Section 2752 of the Public Health Service Act, as amended by Public Law 105-277, is amended to read as follows: ``SEC. 2752. COVERAGE FOR RECONSTRUCTIVE SURGERY. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group health plans.--Subject to paragraph (3), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2000. (2) Health insurance coverage.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2000. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.

Reconstructive Surgery Act of 1999 - Amends the Public Health Service Act to require a group health plan and a health insurance issuer offering group health insurance coverage in connection with a plan providing surgical coverage to provide coverage for reconstructive surgery. Amends the Public Health Service Act to provide similar coverage for reconstructive surgery offered by a health insurance issuer in the individual market. Sets forth related provisions with respect to collective bargaining agreements.

Reconstructive Surgery Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Life Insurance Improvement Act of 2001''. SEC. 2. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED. (a) NSLI--Section 1917 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured and in a case not covered by subsection (d)-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (b) USGLI.--Section 1952 of such title is amended by adding at the end the following new subsection: ``(c)(1) Following the death of the insured and in a case not covered by section 1950 of this title-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (c) Transition Provision.--In the case of a person insured under subchapter I or II of title 38, United States Code, who dies before the date of the enactment of this Act, the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (c)(1) of section 1952 of such title, as added by subsection (b), as applicable, shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the date of the enactment of this Act. SEC. 3. REDUCTION IN SERVICE-DISABLED VETERANS INSURANCE PREMIUMS. Section 1922(a) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the fourth sentence and all that follows and inserting the following: ``(2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that-- ``(A) the premium rates for such insurance-- ``(i) for premiums for months beginning before the date of the enactment of the Veterans Life Insurance Improvement Act of 2001 shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for premiums for months beginning on or after that date shall be based upon the 1980 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 5 percent per year; ``(B) all cash, loan, paid-up, and extended values-- ``(i) for a policy issued under this section before the date of the enactment of the Veterans Life Insurance Improvement Act of 2001 shall be based upon the Commissioners 1941 Standard ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for a policy issued under this section on or after that date shall be based upon the 1980 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 5 percent per year; ``(C) all settlements on policies involving annuities shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2\1/4\ percent per year; ``(D) insurance granted under this section shall be on a nonparticipating basis; ``(E) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and ``(F) any payments on such insurance shall be made directly from such fund. ``(3) Appropriations to the fund referred to in subparagraphs (E) and (F) of paragraph (2) are hereby authorized. ``(4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.''. SEC. 4. INCREASE OF VETERANS' MORTGAGE LIFE INSURANCE COVERAGE TO $200,000. (a) Increase.--Section 2106(b) of title 38, United States Code, is amended by striking ``$90,000'' and inserting ``$200,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to insurance payable under section 2106 of title 38, United States Code, in the case of a veteran insured under that section who dies on or after the date of enactment of this Act. SEC. 5. AUTHORITY FOR VETERANS' MORTGAGE LIFE INSURANCE TO BE CARRIED BEYOND AGE 70. Section 2106 of title 38, United States Code, is amended-- (1) in subsection (a), by inserting ``age 69 or younger'' after ``any eligible veteran''; and (2) in subsection (i), by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

Veterans Life Insurance Improvement Act of 2001 - Amends Federal provisions concerning the National Service Life Insurance and United States Government Life Insurance programs to allow payment of their insurance proceeds to: (1) another beneficiary if the first designated beneficiary has not made a claim to such payment within two years after the death of the insured; and (2) a person designated by the Secretary of Veterans Affairs if no claim has been filed by any designated beneficiary within four years after the insured's death.Requires service-disabled life insurance premium rates, as well as all policy cash, loan, paid-up, and extended values, for months beginning on or after the date of enactment of this Act to be based on the 1980 Commissioners Standard Ordinary Basic Table of Mortality, with five percent annual interest.Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage. Requires the United States to automatically insure any eligible veteran age 69 or younger (currently, any eligible veteran) for such coverage. Repeals the provision terminating such coverage upon the veteran's 70th birthday.

To amend title 38, United States Code, to make certain improvements to the Servicemembers' Group Life Insurance life insurance program for members of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Cost of Living Adjustment for Seniors Act of 1999''. SEC. 2. IMPROVEMENT OF CONSUMER PRICE INDEX FOR THE ELDERLY BY CONGRESSIONALLY APPOINTED REVIEW COMMITTEE. (a) Establishment of Consumer Price Index Review Committee.-- (1) Establishment.--There is established a review committee to be known as the Consumer Price Index Review Committee (in this section referred to as the ``Committee''). (2) Membership.--The Committee shall be composed of 15 members jointly appointed by the leadership of the Senate and the House of Representatives of whom-- (A) 11 shall be leading experts in the field of economics and, to the extent feasible, familiar with the issues related to the calculation of changes in the cost of living; and (B) 4 shall be representatives of individuals who have attained age 65. (3) Terms and vacancies.-- (A) Terms.--A member of the Committee appointed under paragraph (2) shall be appointed for the duration of the Committee. (B) Vacancies.-- (i) In general.--A vacancy on the Committee shall be filled in the same manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (ii) Filling unexpired term.--An individual chosen to fill a vacancy shall be appointed for the duration of the Committee. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (6) Chairperson and vice chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members appointed under paragraph (2). (b) Duties.-- (1) Study and development of implementation plan.-- (A) In general.--The Committee shall conduct a study-- (i) to improve the method for determining an index, to be known as the ``Consumer Price Index for the Elderly''; (ii) to make recommendations addressing the limitations of the method for determining the Experimental Consumer Price Index for the Elderly calculated by the Bureau of Labor Statistics to ensure that the improved index accurately measures changes over time in expenditures for consumption that are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (iii) to develop an implementation plan. (B) Study requirements.--The study described in subparagraph (A) shall include the following requirements: (i) The Consumer Price Index for the Elderly shall be based on an accurate market basket of goods and services that reflect a representative collection of typical purchases by the total retiree population in the United States who receive old-age and survivors insurance benefits under title II of such Act. (ii) The Consumer Expenditure Survey used by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be re-designed and expanded to collect expenditure patterns representative of such total retiree population. (iii) The areas and outlets priced by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be modified to reflect a representation of the places of purchase for such total retiree population. (iv) The categories of items to be priced shall be selected to represent such total retiree population. (v) The prices collected shall adequately reflect the availability of discount prices for such total retiree population. (vi) Any other limitations otherwise found to affect the accuracy of the Consumer Price Index for the Elderly shall be removed. (C) Additional study.--The Committee shall also study the method for determining an accurate consumer price index for individuals who receive disability insurance benefits under title II of such Act. (2) Report.-- (A) In general.--Subject to subparagraph (B), not later than 1 year after the initial meeting of the Committee under subsection (a)(4), the Committee shall submit a report to Congress on the study conducted in accordance with paragraph (1). (B) Required approval.--The Committee shall not submit a report under subparagraph (A) unless the report has the approval of at least 9 members of the Committee. (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section, including the published and unpublished data and analytical products of the Bureau of Labor Statistics. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee in a timely manner. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Committee who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. All members of the Committee who otherwise 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. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee 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 Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee 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 IV of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without additional reimbursement (other than the employee's regular compensation), and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination.--The Committee shall terminate 1 year after the date of the initial meeting of the Committee under subsection (a)(4). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Committee such sums as are necessary to carry out the purposes of this section. SEC. 3. BUREAU OF LABOR STATISTICS PILOT PROGRAM TO TEST CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Pilot Program.--The Commissioner of the Bureau of Labor Statistics shall establish a pilot program to test the accuracy of an operational index to be recommended by the Consumer Price Index Review Committee under section 2 and to be known as the ``Consumer Price Index for the Elderly'', which indicates changes over time in expenditures for consumption which are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.). (b) Duration of Pilot Program.--The pilot program shall commence with the first month that begins after the date of the submission of the report under section 2(b)(2) and shall continue through December 2002. SEC. 4. INTERIM APPLICATION OF CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS. For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B)) occurring during the period that begins on January 1, 2000, and ends with the implementation of the Official Consumer Price Index for the Elderly under section 5(b), the Commissioner of Social Security, notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, shall use the Consumer Price Index for All Urban Consumers to calculate cost-of- living adjustments for benefits described in section 5(b)(1). SEC. 5. APPLICATION OF CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Implementation.-- (1) Commissioner of bureau of labor statistics.-- (A) In general.--Subject to subparagraph (B), not later than the fourth year that begins after the Consumer Price Index Review Committee submits the report required under section 2(b)(2), the Commissioner of the Bureau of Labor Statistics shall prepare and publish monthly the Official Consumer Price Index for the Elderly based on the implementation plan and recommendations included in that report. (B) No implementation if congressional disapproval of committee report.--Subparagraph (A) shall not apply if a joint resolution is enacted, in accordance with paragraph (2), disapproving the report submitted by the Consumer Price Index Review Committee before the end of the 90-day period that begins on the date on which the Review Committee submits the report. (C) Exclusion of certain days.--For purposes of subparagraph (B) and paragraph (2), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded from the computation of the period. (2) Congressional consideration.-- (A) Terms of the resolution.--For purposes of paragraph (1)(A), the term ``joint resolution'' means only a joint resolution that is introduced within the period described in that paragraph and-- (i) that does not have a preamble; (ii) the matter after the resolving clause of which is as follows: ``That Congress disapproves the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly submitted on ________.'', the blank space being filled in with the appropriate date; and (iii) the title of which is as follows: ``Joint resolution disapproving the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly.''. (B) Referral.--A resolution described in subparagraph (A) that is introduced-- (i) in the House of Representatives, shall be referred to the Committee on Ways and Means; and (ii) in the Senate, shall be referred to the Committee on Finance. (C) Discharge.--If a committee to which a resolution described in subparagraph (A) is referred has not reported such resolution by the end of the 60- day period beginning on the date on which the Consumer Price Index Review Committee submits the report required under section 2(b)(2), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (D) Consideration.--On or after the third day after the date on which the committee to which a resolution described in subparagraph (A) has reported, or has been discharged from further consideration of such resolution, such resolution shall be considered in the same manner as a resolution is considered under subsections (d), (e), and (f) of section 2908 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). (b) Use of Index.--For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) beginning on or after January 1 of the calendar year that begins after the Commissioner of the Bureau of Labor Statistics first prepares and publishes the Official Consumer Price Index for the Elderly in accordance with subsection (a)(1), the Commissioner of Social Security shall-- (1) cease using the Consumer Price Index for All Urban Consumers to calculate cost-of-living adjustments for old-age and survivors insurance benefits payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) to any retiree or individual who has attained age 62; and (2) notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, use the Official Consumer Price Index for the Elderly to calculate such adjustments. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Labor Statistics such sums as are necessary to carry out the purposes of this section.

Outlines a BLS pilot program to test CPIE accuracy. Provides for interim application of the Consumer Price Index for All Urban Consumers for cost-of-living computation quarters from January 1, 2000, to implementation of the Official Consumer Price Index for the Elderly (Official CPIE) to calculate cost-of-living adjustments for old-age and survivors insurance benefits. Directs the BLS Commissioner to prepare and publish monthly the Official CPIE for implementation, based on the implementation plan and recommendations, and subject to congressional approval of the study report, in calculating such adjustments for any retiree or individual who has attained age 62. Authorizes appropriations.

Fair Cost of Living Adjustment for Seniors Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Yellowstone Irrigation Project Facilities Conveyance Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Control board.--The term ``Control Board'' means the Lower Yellowstone Irrigation Project Board of Control organized under the laws of the State of Montana for the purposes of-- (A) managing-- (i) Lower Yellowstone Irrigation District No. 1; and (ii) Lower Yellowstone Irrigation District No. 2; and (B) operating and maintaining the facilities of the Savage Unit and the Intake Project, under contract with the respective irrigation districts. (2) Diversion dam.--The term ``diversion dam'' means the Lower Yellowstone Diversion Dam, a feature of the Lower Yellowstone Irrigation Project. (3) Intake irrigation district.--The term ``Intake Irrigation District'' means the Montana Irrigation District that (A) is organized under the laws of the State of Montana; and (B) operates the Intake Project. (4) Intake original construction contract.--The term ``Intake original construction contract'' means the repayment contract between the Intake Irrigation District and the Secretary, numbered Irl-1436. (5) Intake project.--The term ``Intake project'' means the Federal irrigation feature operated by the Intake Irrigation District through contract with the Control Board, located adjacent to the main canal and 3 miles below the Diversion Dam, serving approximately 828 irrigated acres, and authorized under the terms of the Act of August 11, 1939 (53 Stat. 1418, chapter 717). (6) Irrigation district.--The term ``irrigation district'' means-- (A) the Intake Irrigation District; (B) the Lower Yellowstone Irrigation District No. 1; (C) the Lower Yellowstone Irrigation District No. 2; and (D) the Savage Irrigation District. (7) Lower yellowstone irrigation district no. 1.--The term ``Lower Yellowstone Irrigation District No. 1'' means the irrigation district that is organized under the laws of the State of Montana and operates the part of the Lower Yellowstone Irrigation Project located in the State of Montana (8) Lower yellowstone irrigation district no. 2.--The term ``Lower Yellowstone Irrigation District No. 2'' means the irrigation district organized under the laws of the State of North Dakota and that operates the part of the Lower Yellowstone Irrigation Project located in the State of North Dakota. (9) Main canal.--The term ``main canal'' means the Lower Yellowstone Irrigation Project main canal, a feature of the Lower Yellowstone Irrigation Project that-- (A) serves Lower Yellowstone Irrigation District No. 1, Lower Yellowstone Irrigation District No. 2, the Savage Irrigation District, and the Intake Irrigation District; and (B) is operated and maintained by the Lower Yellowstone Irrigation Project Board of Control. (10) Pick-sloan missouri basin program.--The term ``Pick- Sloan Missouri Basin Program'' means the comprehensive Federal program for multipurpose benefits within the Missouri River Basin (including irrigation) authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665). (11) Project.--The term ``project'' means-- (A) the Yellowstone Project; (B) the Intake Irrigation Project; and (C) the Savage Unit. (12) Savage irrigation district.--The term ``Savage Irrigation District'' means the irrigation district that is organized under the laws of the State of Montana that operates the Savage Unit. (13) Savage original construction contract.--The term ``Savage original construction contract'' means the repayment contract between the Savage Irrigation District and the Secretary, numbered Irl-1525, as extended or amended. (14) Savage unit.--The term ``Savage Unit'' means the Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal irrigation feature transferred under this Act, operated by the Savage Irrigation District through contract with the Control Board, located adjacent to the Main Canal and 12 miles below the Diversion Dam, serving approximately 2,187 irrigated acres and authorized by the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665). (15) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (16) Yellowstone original construction contract.--The term ``Yellowstone original construction contract'' means-- (A) the repayment contract between the Lower Yellowstone Irrigation District No. 1 and the Secretary, numbered Irl-103; and (B) the repayment contract between the Lower Yellowstone Irrigation District No. 2 and the Secretary, numbered Irl-104. (17) Yellowstone project.--The term ``Yellowstone project'' means the Lower Yellowstone Irrigation Project, operated by Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2, serving approximately 51,429 irrigated acres, and authorized by the Act of June 17, 1902 (32 Stat. 388, chapter 1093). SEC. 3. CONVEYANCE OF PROJECT. (a) Conveyances.-- (1) Lower yellowstone irrigation district no. 1, lower yellowstone irrigation district no. 2, and savage irrigation district.-- (A) In general.--On acceptance by Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 and by the Intake Irrigation District of the obligations of the Federal Government for the Yellowstone Project and the Intake Irrigation Project, respectively, the Secretary shall convey the respective portions of the projects to each of the irrigation districts. (B) Method.--The conveyance under subparagraph (A)-- (i) shall be by quitclaim deed or patent; and (ii) shall convey-- (I) all right, title, and interest in all withdrawn land except certain parcels not used for purposes of the projects; (II) all fee ownership land used for diversion dam maintenance; (III) all fee ownership land, easements, and rights-of-way in connection with the carriage, distribution, and drainage of water to serve the land of the projects; and (IV) all diversion, carriage, distribution, and drainage physical features used to serve the land of the projects. (2) Conveyance to savage irrigation district.-- (A) In general.--The Secretary shall convey the Savage Unit to the Savage Irrigation District, in accordance with the methods described in subsection (a)(2), immediately after the conditions in subparagraph (B) are satisfied. (B) Conditions.--The conditions for conveyance under subparagraph (A) are-- (i) the acceptance by the Savage Irrigation District of the obligations of the Federal Government for the Savage Unit; and (ii) the payment by the Savage Irrigation District of the net present value of the remaining repayment obligation of the Savage Irrigation District under the Savage original construction contract, determined in accordance with Office of Management and Budget Circular A-129 (as in effect on the date of enactment of this Act). (3) Water rights.-- (A) In general.--The Secretary shall transfer the ownership of the water rights of the projects to the respective and appurtenant irrigation districts in accordance with applicable laws of the State of Montana. (B) No alteration.--The purpose, point of diversion, place of use, flow rate, and volume of each water right transferred shall not be altered. (b) Transfer of Documents.--Patents, land deeds, court proceedings, water right abstracts, contracts, special use permits, licenses, permits, and any other documents of each project executed on behalf of the Secretary shall be transferred to the district of the project. (c) Pick-Sloan Missouri Basin Program Pumping Power.-- (1) In general.-- (A) Lower yellowstone irrigation districts.--The Secretary and the Western Area Power Administration shall continue to provide Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 with Pick-Sloan Missouri Basin Program power at 3 pump stations for as long as the Yellowstone Project continues to operate under the Pick-Sloan Missouri Basin Program. (B) Rate of delivery.--Pick-Sloan power shall be delivered under subparagraph (A) at 460 volts and at a collective rate not to exceed 500 kilowatts. (C) Cost.--The cost to Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 of power delivered under subparagraph (A) (including transmission costs) shall be based on the payment ability of the irrigation districts, as determined by the Secretary. (2) Savage irrigation district.-- (A) In general.--The Secretary and the Western Area Power Administration shall continue to provide the Savage Irrigation District with Pick-Sloan Missouri Basin Program power at the Savage Pumping Plant for as long as the Savage Irrigation District continues to operate as intended under the Pick-Sloan Missouri Basin Program. (B) Rate of delivery.--Pick-Sloan power shall be delivered under subparagraph (A) at 2,400 volts and at a capacity rate not to exceed 650 kilowatts. (C) Cost.--The cost to the Savage Irrigation District of power delivered under subparagraph (A) (including transmission costs) shall be based on the payment ability of the Savage Irrigation District, as determined by the Secretary. (3) Intake irrigation district.-- (A) In general.--The Secretary and the Western Area Power Administration shall continue to provide the Intake Irrigation District with Pick-Sloan Missouri Basin Program power at the Intake Pumping Plant for as long as the Intake Irrigation District continues to operate as intended under the Pick-Sloan Missouri Basin Program. (B) Rate of delivery.--Pick-Sloan power shall be delivered under subparagraph (A) at 460 volts and at a capacity rate not to exceed 50 kilowatts. (C) Cost.--The cost to the Intake Irrigation District for power delivered under subparagraph (A) (including transmission costs) shall be based on the payment ability of the Intake Irrigation District, as determined by the Secretary. (d) Deadline.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall complete each conveyance under this Act expeditiously, but not later than 180 days after the date of enactment of this Act. (2) Deadlines if changes in operations intended.--If an irrigation district notifies the Secretary that the irrigation district intends to change operations as a result of the conveyance under subsection (a), the Secretary shall-- (A) take into account the potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (B) complete the conveyance not later than 2 years after the date of enactment of this Act. (3) Administrative costs of conveyance.-- (A) Untimely conveyance.--If the Secretary fails to complete a conveyance under this Act in accordance with the applicable deadline under paragraph (1) or (2), the full costs of any administrative action and environmental compliance for the conveyance shall be paid by the Secretary. (B) Timely conveyance.--If the Secretary completes a conveyance under this Act in accordance with the applicable deadline under paragraph (1) or (2), the costs of administrative action and environmental compliance for the conveyance shall be paid-- (i) in an amount equal to 50 percent of the costs, by the Secretary; and (ii) in an amount equal to 50 percent of the costs, by the irrigation district to which the project is conveyed. SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS. (a) In General.--Nothing in this Act expands or otherwise changes the use or operation of a project from the use and operation of the project on the day before the date of enactment of this Act. (b) Future Alterations.--If an irrigation district alters the use or operation of a project, the irrigation district shall comply with all applicable laws (including regulations) governing the alteration of use. (c) Environmental Concerns.-- (1) Fish entrainment.--The Control Board and the irrigation district for each project shall continue to work cooperatively with the Commissioner of Reclamation and the Fish, Wildlife and Parks Department of the State of Montana-- (A) to complete a fish entrainment study at the diversion dam; and (B) if necessary, to assist in the development of a method for excluding fish from the Main Canal. (2) Fish passage.--The Control Board and the irrigation district for each project shall continue to work cooperatively with the Commissioner of Reclamation and the United States Fish and Wildlife Service-- (A) to identify any influences of the diversion dam on fish passage; and (B) if necessary, to assist in the development of a method to improve fish passage. (d) Recreation Management.--Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 shall each convey a perpetual conservation easement to the State of Montana, at no cost to the State, for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Yellowstone Project land (including land known as ``Joe's Island''), located at the diversion dam. SEC. 5. RELATIONSHIP TO CONTRACT OBLIGATIONS. (a) Yellowstone Original and Subsequent Construction Contracts and Intake Original Construction and Subsequent Contracts.--All repayment obligations of Lower Yellowstone Irrigation District No. 1, Lower Yellowstone Irrigation District No. 2, and the Intake Irrigation District have been fulfilled. (b) Savage Original and Subsequent Construction Contracts.--The acceptance of all obligations of the Federal Government with respect to the Savage Unit by the Savage Irrigation District in accordance with section 3(a)(2) shall extinguish all repayment contract obligations under the Savage original construction contract. SEC. 6. APPLICABILITY OF OTHER LAWS. On conveyance of the projects under this Act, the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) shall not apply to the projects. SEC. 7. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of a project under this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on prior ownership or operation by the United States of the project property.

Lower Yellowstone Irrigation Project Facilities Conveyance Act of 1999 - Directs the Secretary of the Interior, upon acceptance by the appropriate parties of required Federal obligations, to convey the respective portions of the Yellowstone Irrigation Project, the Intake Irrigation Project, and the Savage Unit (irrigation project) of the Pick-Sloan Missouri Basin Program to the Intake Irrigation District (Montana), the Lower Yellowstone Irrigation Districts No. 1 (Montana) and 2 (North Dakota), and the Savage Irrigation District (Montana). Directs the Secretary and the Western Area Power Administration to continue to provide Pick-Sloan power to each such District as long as the Districts and the Yellowstone Project continue to operate under Pick-Sloan. Requires each such conveyance within 180 days after enactment of this Act, with a two-year deadline if changes in operations are intended. Provides related requirements regarding environmental matters and recreation management.

Lower Yellowstone Irrigation Project Facilities Conveyance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Foundation Reauthorization Act of 2013''. SEC. 2. BOARD OF DIRECTORS OF THE FOUNDATION. (a) In General.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended-- (1) in subsection (b)-- (A) by striking paragraph (2) and inserting the following: ``(2) In general.--After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall-- ``(A) be knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources; and ``(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.''; and (B) by striking paragraph (3) and inserting the following: ``(3) Terms.--Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.''; and (2) in subsection (g)(2)-- (A) in subparagraph (A), by striking ``(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers'' and inserting the following: ``(A) In general.--Officers''; and (B) by striking subparagraph (B) and inserting the following: ``(B) Executive director.--The Foundation shall have an Executive Director who shall be-- ``(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and ``(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.''. (b) Conforming Amendment.--Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking ``Secretary of the Board'' and inserting ``Executive Director of the Board''. SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended-- (1) in subsection (c)-- (A) by striking ``(c) Powers.--To carry out its purposes under'' and inserting the following: ``(c) Powers.-- ``(1) In general.--To carry out the purposes described in''; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ``that are insured by an agency or instrumentality of the United States'' and inserting ``at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation''; (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking ``paragraph (3) or (4)'' and inserting ``subparagraph (C) or (D)''; (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ``; and'' and inserting a semicolon; (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: ``(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and ``(L) to do any and all acts necessary and proper to carry out the purposes of the Foundation.''; and (G) by striking the undesignated matter at the end and inserting the following: ``(2) Treatment of real property.-- ``(A) In general.--For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Encumbered real property.--A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. ``(3) Savings clause.--The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.''; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019-- ``(A) $15,000,000 to the Secretary of the Interior; ``(B) $5,000,000 to the Secretary of Agriculture; and ``(C) $5,000,000 to the Secretary of Commerce.''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Amounts from federal agencies.-- ``(A) In general.--In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. ``(B) Advances.--Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. ``(C) Management fees.--The Foundation may assess and collect fees for the management of amounts received under this paragraph.''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``funds'' and inserting ``amounts''; (ii) by striking ``shall be used'' and inserting ``may be used''; and (iii) by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, and other entities''; and (C) by adding at the end the following: ``(3) Administration of amounts.-- ``(A) In general.--In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process of that department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is-- ``(i) to address an environmental emergency resulting from a natural or other disaster; or ``(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. ``(B) Reports.--The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.''; and (3) by adding at the end the following: ``(d) Use of Gifts, Devises, or Bequests of Money or Other Property.--Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.''. SEC. 5. LIMITATION ON AUTHORITY. Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting ``exclusive'' before ``authority''.

National Fish and Wildlife Foundation Reauthorization Act of 2013 - Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Increases the number of directors appointed by the Secretary of the Interior to the National Fish and Wildlife Foundation's Board of Directors. Makes uniform the experience required of each such appointee. Requires the Foundation to have an Executive Director who is appointed by the Board and is knowledgeable and experienced in matters relating to fish and wildlife conservation. Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, as long as the funds are used for the conservation and management of fish, wildlife, plants, and other natural resources. Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund. Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use). Authorizes the Foundation to perform functions that the National Park Foundation is authorized to conduct, unless exclusive authority is given to the National Park Foundation.

National Fish and Wildlife Foundation Reauthorization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Freedom of Choice Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Current law confers a tax benefit for health insurance provided as an employee fringe benefit, but no similar tax benefit for health insurance purchased by individuals. Similarly, current law confers a tax benefit on third-party payment of medical expenses, but no similar tax benefit for most individuals' direct payment of medical expenses. This has effectively promoted employer-provided third party payment systems and effectively discouraged direct doctor-patient relationships. (2) The current tax treatment of medical expenses has significantly curtailed competition for both health insurance and health care services generally. This has effectively increased the cost of health care and health insurance, which in turn has exposed people to greater health risks and made it more likely that individuals will go without needed care. (3) The current tax treatment of medical expenses has restricted the freedom of individuals to exercise direct control over their health care dollars. The exclusion from gross income for employer-provided health care plans with no corresponding tax benefit for health insurance and health care obtained by individuals (except the self-employed) constitutes a strong preferment for health care provided through employers' group plans as compared to health care that individuals purchase for themselves. This is why 90 percent of Americans under age 65 with private health insurance receive it through their employer. (4) Providing a tax benefit for employer-provided plans, but not for individually purchased health care, discriminates against individuals who work for companies that do not provide health benefits, individuals who are temporarily employed, and the disabled. (5) In many cases, employers are not able to offer their employees a variety of health insurance plans. The Tax Code's provision of benefits for mostly employer-provided health insurance has discriminated against individuals who work for these employers, especially small businesses. This is why 90 percent of American businesses that provide health insurance offer employees the ``choice'' of only one health care plan. Americans who work for businesses with fewer than 25 employees are half as likely to have health coverage as those working for companies with 1,000 or more employees. (6) The Tax Code's preferment of employer-provided group plans has triggered a marketplace response reflected in the significant increases in large group health care delivery, and the creation of a few health care conglomerates in lieu of thousands of competitive providers of medical services and health insurance. This has increasingly placed medical decisions in the hands of health care bureaucracies, and significantly eroded the doctor-patient relationship. Medical decisions should be returned to doctors and their patients. This will result in higher quality treatment and more patient protection. (7) Consumers should have the freedom to purchase the health insurance of their choice, to choose their own doctors, and to make their own decisions about their health care. (8) By putting the medical choices made by individuals on an equal footing with the medical choices made for them by their employers and third parties, the Tax Code can encourage greater choice and competition, thereby reducing the cost of necessary insurance for all Americans. This will enable millions more Americans to obtain needed health coverage, to make their own choices about which doctors to see, and to have access to the quality care they deserve and expect. SEC. 3. TAX DEDUCTIBILITY OF MEDICAL EXPENSES FOR INDIVIDUALS. (a) In General.--Section 213(a) of the Internal Revenue Code of 1986 (relating to the treatment of medical and dental expenses) is amended to read as follows: ``(a) Allowance of Deduction.--There shall be allowed as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, the taxpayer's spouse, or a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.

Health Care Freedom of Choice Act - Amends the Internal Revenue Code to allow the tax deduction for medical expenses without the gross income percentage limitation.

To amend the Internal Revenue Code of 1986 to improve health care choice by providing for the tax deductibility of medical expenses by individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ALS Registry Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Amyotrophic lateral sclerosis (referred to in this section as ``ALS'') is a fatal, progressive neurodegenerative disease that affects motor nerve cells in the brain and the spinal cord. (2) The average life expectancy for a person with ALS is 2 to 5 years from the time of diagnosis. (3) The cause of ALS is not well understood. (4) There is only one drug currently approved by the Food and Drug Administration for the treatment of ALS, which has thus far shown only modest effects, prolonging life by just a few months. (5) There is no known cure for ALS. (6) More than 5,000 individuals in the United States are diagnosed with ALS annually and as many as 30,000 individuals may be living with ALS in the United States today. (7) Studies have found relationships between ALS and environmental and genetic factors, but those relationships are not well understood. (8) Scientists believe that there are significant ties between ALS and other motor neuron diseases. (9) Several ALS disease registries and databases exist in the United States and throughout the world, including the SOD1 database, the National Institute of Neurological Disorders and Stroke repository, and the Department of Veterans Affairs ALS Registry. (10) A single national system to collect and store information on the prevalence and incidence of ALS in the United States does not exist. (11) In each of fiscal years 2006 and 2007, Congress directed $887,000 to the Centers for Disease Control and Prevention to begin a nationwide ALS registry. (12) The Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry have established three pilot projects, beginning in fiscal year 2006, to evaluate the science to guide the creation of a national ALS registry. (13) The establishment of a national registry will help-- (A) to identify the incidence and prevalence of ALS in the United States; (B) to collect data important to the study of ALS; (C) to promote a better understanding of ALS; (D) to collect information that is important for research into the genetic and environmental factors that cause ALS; (E) to strengthen the ability of a clearinghouse-- (i) to collect and disseminate research findings on environmental, genetic, and other causes of ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS; (ii) to make available information to patients about research studies for which they may be eligible; and (iii) to maintain information about clinical specialists and clinical trials on therapies; and (F) to enhance efforts to find treatments and a cure for ALS. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY. ``(a) Establishment.-- ``(1) In general.--Not later than 1 year after the receipt of the report described in subsection (b)(3), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with a national voluntary health organization with experience serving the population of individuals with amyotrophic lateral sclerosis (referred to in this section as `ALS'), shall-- ``(A) develop a system to collect data on ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS, including information with respect to the incidence and prevalence of the disease in the United States; and ``(B) establish a national registry for the collection and storage of such data to include a population-based registry of cases in the United States of ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) ALS, including the incidence and prevalence of ALS in the United States; ``(B) the environmental and occupational factors that may be associated with the disease; ``(C) the age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease; ``(D) other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS; and ``(E) other matters as recommended by the Advisory Committee established under subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to be known as the Advisory Committee on the National ALS Registry (referred to in this section as the `Advisory Committee'). The Advisory Committee shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, representing each of the following: ``(A) National voluntary health associations that focus solely on ALS and have demonstrated experience in ALS research, care, and patient services, as well as other voluntary associations focusing on neurodegenerative diseases that represent and advocate on behalf of patients with ALS and patients with other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS. ``(B) The National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the National Institute of Neurological Disorders and Stroke and the National Institute of Environmental Health Sciences. ``(C) The Department of Veterans Affairs. ``(D) The Agency for Toxic Substances and Disease Registry. ``(E) The Centers for Disease Control and Prevention. ``(F) Patients with ALS or their family members. ``(G) Clinicians with expertise on ALS and related diseases. ``(H) Epidemiologists with experience in data registries. ``(I) Geneticists or experts in genetics who have experience with the genetics of ALS or other neurological diseases. ``(J) Statisticians. ``(K) Ethicists. ``(L) Attorneys. ``(M) Other individuals with an interest in developing and maintaining the National ALS Registry. ``(2) Duties.--The Advisory Committee shall review information and make recommendations to the Secretary concerning-- ``(A) the development and maintenance of the National ALS Registry; ``(B) the type of information to be collected and stored in the Registry; ``(C) the manner in which such data is to be collected; ``(D) the use and availability of such data including guidelines for such use; and ``(E) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS. ``(3) Report.--Not later than 1 year after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report concerning the review conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such review. ``(c) Grants.--Notwithstanding the recommendations of the Advisory Committee under subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS. ``(d) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the National ALS Registry under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) the 3 ALS registry pilot projects initiated in fiscal year 2006 by the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry at the South Carolina Office of Research & Statistics; the Mayo Clinic in Rochester, Minnesota; and Emory University in Atlanta, Georgia; ``(ii) the Department of Veterans Affairs ALS Registry; ``(iii) the DNA and Cell Line Repository of the National Institute of Neurological Disorders and Stroke Human Genetics Resource Center; ``(iv) the Agency for Toxic Substances and Disease Registry studies, including studies conducted in Illinois, Missouri, El Paso and San Antonio, Texas, and Massachusetts; ``(v) State-based ALS registries, including the Massachusetts ALS Registry; ``(vi) the National Vital Statistics System; and ``(vii) any other existing or relevant databases that collect or maintain information on those motor neuron diseases recommended by the Advisory Committee established in subsection (b); and ``(B) provide for research access to ALS data as recommended by the Advisory Committee established in subsection (b) to the extent permitted by applicable statutes and regulations and in a manner that protects personal privacy consistent with applicable privacy statutes and regulations. ``(2) Coordination with nih and department of veterans affairs.--Notwithstanding the recommendations of the Advisory Committee established in subsection (b), and consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health and the Department of Veterans Affairs. ``(e) Definition.--For the purposes of this section, the term `national voluntary health association' means a national non-profit organization with chapters or other affiliated organizations in States throughout the United States. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $25,000,000 for fiscal year 2008, and $16,000,000 for each of the fiscal years 2009 through 2012.''. Passed the House of Representatives October 16, 2007. Attest: LORRAINE C. MILLER, Clerk.

ALS Registry Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on amyotrophic lateral sclerosis (ALS) and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, or progress to ALS; and (2) establish a national registry for the collection and storage of such data. Requires the Secretary, acting through the Director, to establish the Advisory Committee on the National ALS Registry to review information and make recommendations to the Secretary concerning: (1) the development and maintenance of the registry; (2) the type of information to be included; (3) the manner in which data is to be collected; (4) the use and availability of such data; and (5) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS. Sets forth reporting requirements. Allows the Secretary, acting through the Director, to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS and other motor neuron disorders. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to ALS data as recommended by the Advisory Committee in a manner that protects personal privacy. Requires the Secretary to ensure that epidemiological and other types of information is made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs. Authorizes appropriations for FY2008-FY2012.

To amend the Public Health Service Act to provide for the establishment of an Amyotrophic Lateral Sclerosis Registry.

SECTION 1. SHORT TITLE. This Act may be cited as ``Kansas Disaster Tax Relief Assistance Act''. SEC. 2. TEMPORARY TAX RELIEF FOR KIOWA COUNTY, KANSAS AND SURROUNDING AREA. The following provisions of or relating to the Internal Revenue Code of 1986 shall apply, in addition to the areas described in such provisions, to an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1699-DR, as in effect on the date of the enactment of this Act) by reason of severe storms and tornados beginning on May 4, 2007, and determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act with respect to damages attributed to such storms and tornados: (1) Suspension of certain limitations on personal casualty losses.--Section 1400S(b)(1) of the Internal Revenue Code of 1986, by substituting ``May 4, 2007'' for ``August 25, 2005''. (2) Extension of replacement period for nonrecognition of gain.--Section 405 of the Katrina Emergency Tax Relief Act of 2005, by substituting ``on or after May 4, 2007, by reason of the May 4, 2007, storms and tornados'' for ``on or after August 25, 2005, by reason of Hurricane Katrina''. (3) Employee retention credit for employers affected by may 4 storms and tornados.--Section 1400R(a) of the Internal Revenue Code of 1986-- (A) by substituting ``May 4, 2007'' for ``August 28, 2005'' each place it appears, (B) by substituting ``January 1, 2008'' for ``January 1, 2006'' both places it appears, and (C) only with respect to eligible employers who employed an average of not more than 200 employees on business days during the taxable year before May 4, 2007. (4) Special allowance for certain property acquired on or after may 5, 2007.--Section 1400N(d) of such Code-- (A) by substituting ``qualified Recovery Assistance property'' for ``qualified Gulf Opportunity Zone property'' each place it appears, (B) by substituting ``May 5, 2007'' for ``August 28, 2005'' each place it appears, (C) by substituting ``December 31, 2008'' for ``December 31, 2007'' in paragraph (2)(A)(v), (D) by substituting ``December 31, 2009'' for ``December 31, 2008'' in paragraph (2)(A)(v), (E) by substituting ``May 4, 2007'' for ``August 27, 2005'' in paragraph (3)(A), (F) by substituting ``January 1, 2009'' for ``January 1, 2008'' in paragraph (3)(B), and (G) determined without regard to paragraph (6) thereof. (5) Increase in expensing under section 179.--Section 1400N(e) of such Code, by substituting ``qualified section 179 Recovery Assistance property'' for ``qualified section 179 Gulf Opportunity Zone property'' each place it appears. (6) Expensing for certain demolition and clean-up costs.-- Section 1400N(f) of such Code-- (A) by substituting ``qualified Recovery Assistance clean-up cost'' for ``qualified Gulf Opportunity Zone clean-up cost'' each place it appears, and (B) by substituting ``beginning on May 4, 2007, and ending on December 31, 2009'' for ``beginning on August 28, 2005, and ending on December 31, 2007'' in paragraph (2) thereof. (7) Treatment of public utility property disaster losses.-- Section 1400N(o) of such Code. (8) Treatment of net operating losses attributable to storm losses.--Section 1400N(k) of such Code-- (A) by substituting ``qualified Recovery Assistance loss'' for ``qualified Gulf Opportunity Zone loss'' each place it appears, (B) by substituting ``after May 3, 2007, and before January 1, 2010'' for ``after August 27, 2005, and before January 1, 2008'' each place it appears, (C) by substituting ``May 4, 2007'' for ``August 28, 2005'' in paragraph (2)(B)(ii)(I) thereof, (D) by substituting ``qualified Recovery Assistance property'' for ``qualified Gulf Opportunity Zone property'' in paragraph (2)(B)(iv) thereof, and (E) by substituting ``qualified Recovery Assistance casualty loss'' for ``qualified Gulf Opportunity Zone casualty loss'' each place it appears. (9) Treatment of representations regarding income eligibility for purposes of qualified rental project requirements.--Section 1400N(n) of such Code. (10) Special rules for use of retirement funds.--Section 1400Q of such Code-- (A) by substituting ``qualified Recovery Assistance distribution'' for ``qualified hurricane distribution'' each place it appears, (B) by substituting ``on or after May 4, 2007, and before January 1, 2009'' for ``on or after August 25, 2005, and before January 1, 2007'' in subsection (a)(4)(A)(i), (C) by substituting ``qualified storm distribution'' for ``qualified Katrina distribution'' each place it appears, (D) by substituting ``after November 4, 2006, and before May 5, 2007'' for ``after February 28, 2005, and before August 29, 2005'' in subsection (b)(2)(B)(ii), (E) by substituting ``beginning on May 4, 2007, and ending on November 5, 2007'' for ``beginning on August 25, 2005, and ending on February 28, 2006'' in subsection (b)(3)(A), (F) by substituting ``qualified storm individual'' for ``qualified Hurricane Katrina individual'' each place it appears, (G) by substituting ``December 31, 2007'' for ``December 31, 2006'' in subsection (c)(2)(A), (H) by substituting ``beginning on June 4, 2007, and ending on December 31, 2007'' for ``beginning on September 24, 2005, and ending on December 31, 2006'' in subsection (c)(4)(A)(i), (I) by substituting ``May 4, 2007'' for ``August 25, 2005'' in subsection (c)(4)(A)(ii), and (J) by substituting ``January 1, 2008'' for ``January 1, 2007'' in subsection (d)(2)(A)(ii).

Kansas Disaster Tax Relief Assistance Act - Extends to businesses and individuals in certain Kansas counties declared by the President as major disaster areas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1699-DR, as in effect on the date of enactment of this Act) by reason of severe storms and tornados beginning on May 4, 2007, provisions of the Internal Revenue Code allowing: (1) suspension of certain limitations on personal casualty losses; (2) an extension of the period for replacing damaged property without recognizing gain; (3) an employee retention tax credit for affected businesses through 2007; (4) 50% bonus depreciation for affected businesses; (5) increased expensing of small business assets; (6) increased expensing of demolition and cleanup costs; (7) extended net operating loss carryback periods for losses attributable to storms and tornadoes and for public utility property disaster losses; (8) relaxed income verification requirements for tenants in low-income rental projects; and (9) penalty-free withdrawals and loans from individual retirement accounts and other tax-exempt pension plans.

To extend tax relief to the residents and businesses of an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (FEMA-1699-DR) by reason of severe storms and tornados beginning on May 4, 2007, and determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Cities, towns, and rural communities in the United States continue to face enormous challenges regarding domestic violence, sexual assault, dating violence, stalking, and other forms of intimate partner violence. (2) One in 3 women have experienced rape, physical violence, or stalking by an intimate partner in their lifetime. (3) Approximately 7,000,000 women are raped or physically assaulted by a current or former intimate partner each year. (4) Each day, an average of 3 women are killed by a current or former partner. (5) Researchers estimate that domestic violence costs employers up to $13,000,000,000 each year. (6) A fundamental component of ending domestic and sexual violence is securing safe and affordable housing for victims. (7) Research indicates that-- (A) nearly 50 percent of all homeless women report that domestic violence was the immediate cause of their homelessness; (B) 92 percent of homeless women report having experienced severe physical or sexual violence at some point in their lives; and (C) victims become homeless as a result of sexual assault, and once homeless, they are further vulnerable to sexual victimization and exploitation. (8) Surveys show that a majority of victims that experience a sexual assault in their home do not relocate to a safe environment because they do not have sufficient funds, and are not aware of better options. (9) Domestic and sexual violence victims often find themselves trapped in homes where they are further victimized by caregivers, parents, siblings, landlords, intimate partners, neighbors, or others in or near their home. Economic insecurity and the trauma that often follows sexual assault make it difficult, if not impossible, for many victims to access safe, affordable housing options for themselves and their families. (10) Domestic and sexual violence victims continue to face discrimination in securing and maintaining housing based on their status as victims and as a result of crimes committed against them. (11) Research by the Attorney General of the State of New York found that 67 percent of domestic violence victims reported that discrimination by landlords is a significant obstacle in obtaining housing. (12) Research also shows that victims of domestic violence or sexual assault are commonly denied housing opportunities if a previous residence of the victim was a domestic violence shelter, if the victim has secured a protective order, or if there is other evidence that the victim has experienced a previous domestic violence incident. (13) Studies show that victims of domestic violence or sexual assault often face eviction based on a single domestic violence incident. (14) It is in the public interest that victims of domestic violence, sexual assault, dating violence, stalking, and other forms of intimate partner violence are not discriminated against, particularly with respect to housing, based on their status as victims or the crimes committed against them. (15) Nothing in this Act should be interpreted to limit the ability of victims of domestic violence or sexual assault to recover for claims of discrimination on the basis of sex or race under the Fair Housing Act (42 U.S.C. 3601 et seq.), including with respect to failure to conform to gender stereotypes or policies that disproportionately affect women. SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED CLASS UNDER THE FAIR HOUSING ACT. (a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Domestic violence'-- ``(1) has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); and ``(2) includes-- ``(A) dating violence and stalking, as defined in such section 40002(a); and ``(B) threatened domestic violence. ``(q) `Sexual assault'-- ``(1) has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); and ``(2) includes threatened sexual assault.''; (2) in section 804 (42 U.S.C. 3604)-- (A) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence or sexual assault'' before the period at the end; (B) in subsection (b), by inserting, ``, or because the person is a survivor of domestic violence or sexual assault'' before the period at the end; (C) in subsection (c), by striking ``or national origin'' and inserting, ``national origin, or whether a person is a survivor of domestic violence or sexual assault''; (D) in subsection (d), by inserting ``, or because the person is a survivor of domestic violence or sexual assault,'' after ``national origin''; and (E) in subsection (e), by inserting ``, or of a person or persons who are survivors of domestic violence or sexual assault'' before the period at the end; (3) in section 805 (42 U.S.C. 3605)-- (A) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence or sexual assault'' before the period at the end; and (B) in subsection (c), by striking ``or familial status'' and inserting ``familial status, or whether a person is a survivor of domestic violence or sexual assault''; (4) in section 806 (42 U.S.C. 3606), by striking ``or national origin'' and inserting ``national origin, or whether a person is a survivor of domestic violence or sexual assault''; (5) in section 807 (42 U.S.C. 3607), by adding at the end the following: ``(c) Nothing in this title shall prohibit Federal, State, or local governmental or other assistance or a preference program designed to assist or benefit domestic violence or sexual assault survivors in seeking, securing, or maintaining dwellings, shelters, or any other form of housing, including associated notices, statements, or advertisements.''; and (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by inserting ``status as a survivor of domestic violence or sexual assault,'' after ``handicap,''. (b) Prevention of Intimidation in Fair Housing Cases.--The Civil Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended-- (1) in section 901-- (A) in subsection (a), by inserting ``, or because the person is a survivor of domestic violence or sexual assault,'' after ``national origin''; (B) in subsection (b)(1), by inserting ``or because the person is a survivor of domestic violence or sexual assault,'' after ``national origin,''; and (C) in subsection (c), by inserting ``or because the person is a survivor of domestic violence or sexual assault,'' after ``national origin,''; and (2) by inserting after section 901 the following: ``SEC. 902. DEFINITIONS. ``In this title, the terms `domestic violence' and `sexual assault' have the meanings given those terms in section 802.''.

Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2016 This bill amends the Fair Housing Act to prohibit discrimination against or regarding survivors of domestic violence or sexual assault in: the sale or rental of housing and related activities, residential real estate-related transactions, and the provision of real estate brokerage services. This bill declares that nothing in the Act shall prohibit federal, state, or local government or other assistance or a preference program designed to assist or benefit domestic violence or sexual assault survivors in seeking, securing, or maintaining dwellings, shelters or any other form of housing. The Civil Rights Act of 1968 is amended to prohibit intimidation in fair housing tranactions regarding survivors of domestic violence or sexual assault.

Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Entrepreneurship Act of 2009''. SEC. 2. EXPANDING ENTREPRENEURSHIP. Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following: ``(g) Management and Direction.-- ``(1) Plan for entrepreneurial development and job creation strategy.--The Administrator shall develop and submit to Congress a plan, in consultation with a representative from each of the agency's entrepreneurial development programs, for using the Small Business Administration's entrepreneurial development programs to create jobs during fiscal years 2010 and 2011. The plan shall include the Administration's plan for drawing on existing programs, including Small Business Development Centers, Women's Business Centers, SCORE, Veterans Business Centers, Native American Outreach, and other appropriate programs. The Administrator shall identify a strategy for each Administration region to create or retain jobs through Administration programs. The Administrator shall identify, in consultation with appropriate personnel from entrepreneurial development programs, performance measures and criteria, including job creation, job retention, and job retraining goals, to evaluate the success of the Administration's actions regarding these efforts. ``(2) Data collection process.--The Administrator shall, after notice and opportunity for comment, promulgate a rule to develop and implement a consistent data collection process to cover all entrepreneurial development programs. Such data collection process shall include data relating to job creation, performance, and any other data determined appropriate by the Administrator with respect to the Administration's entrepreneurial development programs. ``(3) Coordination and alignment of sba entrepreneurial development programs.--The Administrator shall submit annually to Congress, in consultation with other Federal departments and agencies as appropriate, a report on opportunities to foster coordination, limit duplication, and improve program delivery for Federal entrepreneurial development programs. ``(4) Database of entrepreneurial development service providers.--The Administrator shall, after a period of 60 days for public comment, establish a database of providers of entrepreneurial development services and, make such database available through the Administration's Web site. The database shall be searchable by industry, geography, and service required. ``(5) Community specialist.--The Administrator shall designate not less than one staff member in each Administration district office as a community specialist who has as their full-time responsibility working with local entrepreneurial development service providers to increase coordination with Federal resources. The Administrator shall develop benchmarks for measuring the performance of community specialists under this subsection. ``(6) Entrepreneurial development portal.--The Administrator shall publish a design for a Web-based portal to provide comprehensive information on the Administration's entrepreneurial development programs. After a period of 60 days for public comment, the Administrator shall establish such portal and-- ``(A) integrate under one Web portal, Small Business Development Centers, Women's Business Centers, SCORE, Veterans Business Centers, the Administration's distance learning program, and other programs as appropriate; ``(B) revise the Administration's primary Web site so that the Web portal described in subparagraph (A) is available as a link on the main Web page of the Web site; ``(C) increase consumer-oriented content on the Administration's Web site and focus on promoting access to business solutions, including marketing, financing, and human resources planning; ``(D) establish relevant Web content aggregated by industry segment, stage of business development, level of need, and include referral links to appropriate Administration services, including financing, training and counseling, and procurement assistance; and ``(E) provide style guidelines and links for visitors to the Administration's Web site to be able to comment on and evaluate the materials in terms of their usefulness. ``(7) Pilot programs.--The Administrator may not conduct any pilot program for a period of greater than 3 years if the program conflicts with, or uses the resources of, any of the entrepreneurial development programs authorized under section 8(b)(1)(B), 21, 29, 32, or any other provision of this Act.''. Passed the House of Representatives November 18, 2009. Attest: LORRAINE C. MILLER, Clerk.

Expanding Entrepreneurship Act of 2009 - Amends the Small Business Act relating to small business entrepreneurial development programs (programs) to direct the Administrator of the Small Business Administration (SBA) to: (1) develop and submit to Congress a plan for using the programs as a catalyst for job creation for FY2010-FY2011; (2) promulgate a rule to develop and implement a data collection process covering all programs; (3) report to Congress on opportunities to foster coordination, limit duplication, and improve delivery under the programs; (3) after public comment, establish and make available a database of providers of entrepreneurial development services; (4) designate at least one staff member in each SBA district office as a community specialist with full-time responsibility working with such providers to increase coordination with federal resources; and (5) publish a design for a Web-based portal that provides comprehensive information on the programs and, after public comment, establish such portal. Prohibits the Administrator from conducting any pilot program for a period of more than three years if the pilot program conflicts with or uses the resources of any of the entrepreneurial development programs.

To amend the Small Business Act to improve the Small Business Administration's entrepreneurial development programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Research Infrastructure Act of 2018''. SEC. 2. ADVANCED LIGHT SOURCE UPGRADE. (a) In General.--The Secretary of Energy shall provide for the upgrade to the Advanced Light Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled ``Report on Facility Upgrades'', including the development of a multi-bend achromat lattice to produce a high flux of coherent x- rays within the soft x-ray energy region. (b) Definitions.--In this section: (1) Flux.--The term ``flux'' means the rate of flow of photons. (2) Soft x-ray.--The term ``soft x-ray'' means a photon with energy in the range from 50 to 2,000 electron volts. (c) Start of Operations.--The Secretary shall, to the maximum extent practicable, ensure that the start of full operations of the upgrade under this section occurs before December 31, 2026. (d) Funding.--There are authorized to be appropriated to the Secretary for the Office of Science to carry out to completion the upgrade under this section-- (1) $20,000,000 for fiscal year 2018; (2) $50,000,000 for fiscal year 2019; (3) $80,000,000 for fiscal year 2020; (4) $80,000,000 for fiscal year 2021; (5) $52,000,000 for fiscal year 2022; (6) $22,000,000 for fiscal year 2023; and (7) $6,000,000 for fiscal year 2024. SEC. 3. LINAC COHERENT LIGHT SOURCE II HIGH ENERGY UPGRADE. (a) In General.--The Secretary of Energy shall provide for the upgrade to the Linac Coherent Light Source II facility described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, titled ``Report on Facility Upgrades'', including the development of experimental capabilities for high energy x-rays to reveal fundamental scientific discoveries. The Secretary shall ensure the upgrade under this section enables the production and use of high energy, ultra-short pulse x-rays delivered at a high repetition rate. (b) Definitions.--In this section: (1) High energy x-ray.--The term a ``high energy x-ray'' means a photon with an energy at or exceeding 12 kiloelectron volts. (2) High repetition rate.--The term ``high repetition rate'' means the delivery of x-ray pulses up to one million pulses per second. (3) Ultra-short pulse x-rays.--The term ``ultra-short pulse x-rays'' means x-ray bursts capable of durations of less than 100 femtoseconds. (c) Start of Operations.--The Secretary shall, to the maximum extent practicable, ensure that the start of full operations of the upgrade under this section occurs before December 31, 2025. (d) Funding.--There are authorized to be appropriated to the Secretary for the Office of Science to carry out to completion the upgrade under this section-- (1) $20,000,000 for fiscal year 2018; (2) $55,000,000 for fiscal year 2019; (3) $80,000,000 for fiscal year 2020; (4) $80,000,000 for fiscal year 2021; (5) $54,000,000 for fiscal year 2022; and (6) $31,000,000 for fiscal year 2023. SEC. 4. FACILITY FOR RARE ISOTOPE BEAMS. (a) In General.--The Secretary of Energy shall provide for a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos. (b) Facility Capabilities.--In carrying out subsection (a), the Secretary shall ensure that the user facility will provide, at a minimum, the following: (1) A rare isotope beam facility capable of 400 kW of beam power. (2) Scientific instruments, which may include a gamma-ray energy tracking array, a particle spectrometer with high rigidity, and a beta-decay detection system. (c) Start of Operations.--The Secretary shall, to the maximum extent practicable, ensure that the start of full operations of the facility under this section occurs before June 30, 2022, with early operation in 2018. (d) Funding.--There are authorized to be appropriated to the Secretary for the Office of Science to carry out to completion the construction of the facility under this section-- (1) $101,200,000 for fiscal year 2018; (2) $86,000,000 for fiscal year 2019; (3) $64,000,000 for fiscal year 2020; (4) $36,300,000 for fiscal year 2021; (5) $24,000,000 for fiscal year 2022; (6) $15,000,000 for fiscal year 2023; and (7) $15,000,000 for fiscal year 2024. SEC. 5. SPENDING LIMITATION. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives February 13, 2018. Attest: KAREN L. HAAS, Clerk.

Department of Energy Research Infrastructure Act of 2018 (Sec. 2) This bill directs the Department of Energy (DOE) to: (1) provide for the upgrade to the Advanced Light Source described in the publication titled "Report on Facility Upgrades" approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, and (2) ensure that the start of full operations for such upgrade occurs by December 31, 2026. (Sec. 3) DOE shall: (1) provide for the upgrade to the Linac Coherent Light Source II facility as described in such publication, and (2) ensure that the start of full operations for such upgrade occurs by December 31, 2025. (Sec. 4) DOE shall: (1) provide for a Facility for Rare Isotope Beams to advance the understanding of rare nuclear isotopes and the evolution of the cosmos, and (2) ensure that the start of full operations for such facility occurs by June 30, 2022, with early operations beginning in 2018.

Department of Energy Research Infrastructure Act of 2017

SECTION 1. EXPANSION OF TREE ASSISTANCE PROGRAM. Subchapter C of chapter 3 of subtitle B of title XXII of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended to read as follows: ``Subchapter C--Forest Crops and Perennial Plants ``SEC. 2261. ELIGIBILITY. ``(a) Loss.--Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance under this subchapter to eligible agricultural producers who, as a result of damaging weather or related condition in a year, lose trees or seedlings, ornamental plants, or other perennial plants being grown by the producer for commercial purposes. In determining losses, the Secretary shall consider plants raised in containers or field production. The existence of damaging weather or related condition shall be determined by the Secretary. ``(b) Limitation.--An eligible agricultural producer shall qualify for assistance under subsection (a) only if the loss, as a result of the damaging weather or related condition, that is incurred by the producer to the trees, ornamental plants, or other perennial plants for which assistance is sought exceeds 35 percent (adjusted for normal mortality). Except in determining the level of normal mortality, the Secretary shall not consider the year in which the tree or plant was planted for purposes of determining eligibility for assistance under this subchapter. ``SEC. 2262. ASSISTANCE. ``The assistance provided by the Secretary of Agriculture to eligible agricultural producers for losses described in section 2261 shall consist of reimbursement of 65 percent of the cost of replanting trees, ornamental plants, or other perennial plants lost due to the damaging weather or related condition in a year in excess of 35 percent mortality (adjusted for normal mortality). ``SEC. 2263. LIMITATION ON ASSISTANCE. ``(a) Limitation.--The total amount of payments that a person may receive under this subchapter for losses incurred in a particular year may not exceed $25,000, or an equivalent value in replacements. ``(b) Regulations.--The Secretary of Agriculture shall issue regulations-- ``(1) defining the term `person' for the purposes of this subchapter, which shall conform, to the extent practicable, to the regulations defining the term ``person'' issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) and the Disaster Assistance Act of 1988 (Public Law 100-387; 7 U.S.C. 1421 note); and ``(2) prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under subsection (a). ``SEC. 2264. DEFINITIONS. ``As used in this subchapter: ``(1) Eligible agricultural producer.--The term `eligible agricultural producer' means a person who, on 1,000 acres or less, grows trees or seedlings, ornamental plants, or other perennial plants for commercial purposes either through sale of the tree or plant itself or sale of a crop harvested from the tree or plant. Such term shall include tree farmers and nursery growers who meet the acreage limitation specified in this paragraph. ``(2) Perennial plant.--The term `perennial plant' shall include low growing perennial turfgrass sod, but shall not include any perennial grass that is being grown for purposes other than ornamental use. ``SEC. 2265. DUPLICATIVE PAYMENTS. ``The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subchapter and the forestry incentives program, agricultural conservation program, or other Federal crop loss assistance program.''. SEC. 2. CROP YIELDS FOR EMERGENCY CROP LOSS ASSISTANCE FOR CERTAIN NONPROGRAM CROPS. Section 2244(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended by adding at the end the following new subparagraph: ``(E) Special rules for certain nonprogram crops.-- In the case of trees or seedlings, ornamental plants, or other perennial plants included in the definition of nonprogram crop, the Commodity Credit Corporation shall adjust upward the historical yield determined under subparagraph (B) or (C) for a producer to reflect any increased production that was anticipated by the producer in the crop year for which disaster payments are sought under this section if the crops necessary to achieve such increased production were actually being grown at the time of the damaging weather or related condition.''.

Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to expand forest crop emergency disaster assistance to include commercially grown ornamental or other perennial plants.

To expand the Tree Assistance Program of the Department of Agriculture to assist agriculture producers to pay the costs of replanting commercially grown trees and seedlings, ornamental plants, and other perennial plants that are destroyed by damaging weather or related condition and to change the manner of determining crop yields for trees and seedlings, ornamental plants, and other perennial plants for purposes of emergency crop loss assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Domestic Violence Victim Notification Act''. SEC. 2. VICTIM NOTIFICATION SYSTEM. (a) Amendment.--Subtitle A of the Violence Against Women Act of 1994 is amended by adding at the end the following: ``CHAPTER 6--VICTIM NOTIFICATION SYSTEM ``SEC. 40161. ESTABLISHMENT AND OPERATION. ``(a) In General.--The Attorney General may make a grant to a private non-profit entity to create and operate a national victim notification system (referred to in this section as a `VINE system'). A VINE system shall be a comprehensive community and individual awareness program that connects communities and victims of domestic violence with vital criminal justice information about individuals who have been charged with a domestic violence crime and prison inmates. ``(c) Notification.-- ``(1) In general.--The VINE system shall have a system whereby information about such individuals and inmates, including the status of the prosecution of such individuals, the correctional status of such inmates, the availability of assistance from local law enforcement agencies and civil restraining orders upon the release of such inmates, the location of the nearest domestic violence center, and any information obtained in the course of a sexual offender registration, shall be available to individuals who contact the system. ``(2) Specific components.-- Such a system shall include-- ``(A) information on the trail date for an individual charged with a domestic violence crime, the release date of a prison inmate, the location of the prison, if the inmate has not been released, the parole eligibility dates of the inmate, the date the imprisonment sentence expires, and any other relevant data respecting such inmate as may be developed under databases under State sexual offender registration programs under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994; ``(B) referrals of victims to appropriate law enforcement or victim service organizations; ``(C) a toll free number which operates 24 hours a day, 365 days a year which a victim of domestic violence may use to receive the information described in subparagraphs (A) and (B); ``(D) a procedure under which a victim may register with the system to receive automatic telephone notification when the inmate involved has a change in custody or other change, including court appointments, which may involve or threaten the victim; and ``(E) the safeguards of the system to protect the confidentiality of victims calling the toll free number or receiving inmate information.''. ``(d) Other Activities.--In establishing and operating a VINE system, the entity involved shall-- ``(1) establish a procedure whereby the VINE system is to receive on a regular basis information from the courts, corrections institutions, and law enforcement agencies, including law enforcement agencies which have information from a State program for the registration of sexual offenders, about individuals charged with domestic violence crimes and prison inmates; ``(2) work collaboratively with the National Domestic Violence Hotline authorized under section 40211 of the Violence Against Women Act of 1994 (42 U.S.C. 10416) to create a system of automatic referral to the National Domestic Violence Hotline for information on the availability of shelters and services that support battered women in the caller's area ; and ``(3) in connection with the National Domestic Violence Hotline, employ, train, and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24 hour-a-day basis; ``(4) publicize the National Domestic Violence Hotline to potential users throughout the area the system is to serve. ``(e) Grants.--To be approved for a grant under subsection (a), an application for such grant shall-- (1) contain such agreements, assurances, and information, be in such form and be submitted in such manner as the Attorney General shall prescribe through notice in the Federal Register; (2) include a complete description of the applicant's plan for its operation in connection with the National Domestic Violence Hotline, including descriptions of-- ``(A) the training program for hotline personnel; ``(B) the hiring criteria for hotline personnel; ``(C) the methods for the creation, maintenance, and updating of a resource database; ``(D) a plan for publicizing the availability of the hotline; ``(E) a plan for providing service to non-English speaking callers; and ``(F) a plan for facilitating access to the hotline by persons with hearing impairments; ``(3) demonstrate that the applicant has nationally recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence; ``(4) demonstrate that the applicant has a commitment to the provision of services to ethnic, racial, and non-English speaking minorities, older individuals, and individuals with disabilities; and ``(5) contain such other information as the Attorney General may require. ``(f) Definition.--For purposes of this chapter, the term `prison inmate' means a person who has been imprisoned for conviction of a crime involving domestic violence.''. SEC. 3. STUDY. The Attorney General shall conduct a study about the integration of a national victim notification system with the National Domestic Violence Hotline, databases developed under State sexual offender registration programs under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, and the National Crime Information Center. The Attorney General shall report the result of such study to Congress along with any recommendation for legislation arising from such study.

National Domestic Violence Victim Notification Act - Amends the Violence Against Women Act of 1994 to authorize the Attorney General to make grants to private non-profit entities to create and operate a national victim notification (VINE) system to serve as a comprehensive community and individual awareness program that connects communities and victims of domestic violence with vital criminal justice information about individuals who have been charged with a domestic violence crime, and prison inmates who have been convicted of a crime involving domestic violence. Directs the Attorney General to study and report to the Congress on the integration of a national victim notification system with the National Domestic Violence Hotline, databases developed under certain State sexual offender registration programs, and the National Crime Information Center.

National Domestic Violence Victim Notification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full-Service Community Schools Act of 2004''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) Providing support for the planning, implementation, and operation of full-service community schools. (2) Improving the coordination, availability, and effectiveness of services for children and families. (3) Enabling principals and teachers to complement and enrich efforts to help all children reach proficiency in reading and mathematics by 2014. (4) Ensuring that children come to school ready to learn every day. (5) Enabling families to participate in the education of their children. (6) Enabling the more efficient use of Federal, State, local, and private sector resources that serve children and families. (7) Facilitating the coordination of programs operated by nonprofit organizations and State, local, and tribal governments. SEC. 3. FULL-SERVICE COMMUNITY SCHOOL DEFINED. In this Act, the term ``full-service community school'' means a public elementary school or secondary school that-- (1) participates in a community-based effort to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provides access to such services to students, families, and the community served by the school. SEC. 4. LOCAL PROGRAMS. (a) Program Authorized.-- (1) In general.--The Secretary of Education (referred to in this Act as the ``Secretary'') may award grants to eligible entities for the purpose of enabling the eligible entities to assist public elementary schools or secondary schools in functioning as full-service community schools. (2) Grant period.--Each grant awarded under this section shall be for a period of 5 years. (3) Minimum amount.--To the extent funds are available, each grant award under this section shall be in an amount that is not less than $75,000 for each year of the 5-year grant period. (b) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A description of the eligible entity. (2) A list of partner entities that will assist the eligible entity in providing or coordinating qualified services. (3) A memorandum of understanding between the eligible entity and each partner entity describing the role the partner entity will assume. (4) A description of the capacity of the eligible entity to provide and coordinate qualified services at a full-service community school. (5) A comprehensive plan that includes descriptions of the following: (A) The student, family, and school community to be served, including information about the number of students, families, and community residents to be served and the frequency of qualified services. (B) Existing qualified services available at each school to be served and in the community in which the school is located. (C) Qualified services to be provided or coordinated by the eligible entity and its partner entities. (D) Coordination, management, and oversight of qualified services at each school to be served, including the roles of the school principal, the full- service community school coordinator, parents, and members of the community in which the school is located. (E) Funding sources for qualified services at each school to be served, whether such funding is derived from grants under this section or from other Federal, State, local, or private sources. (F) Plans for professional development for managing personnel, or for coordinating or delivering qualified services, at the schools to be served. (G) Plans for joint utilization and maintenance of school facilities by the eligible entity and its partner entities. (6) Identification of principles of effectiveness that are based on-- (A) an assessment of objective data regarding the need-- (i) for the establishment of a full-service community school; and (ii) for qualified services at each school to be served and in the community in which the school is located; (B) an established set of performance measures aimed at ensuring the availability of high-quality qualified services; and (C) if appropriate, scientifically based research that provides evidence that the qualified services involved will help students meet State and local student academic achievement standards. (7) A strategy for developing a plan for sustainability. (c) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that-- (1) will serve not less than 1 school eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314); (2) demonstrate a record of effectiveness in integrating not less than 3 qualified services; and (3) will serve more than 1 full-service community school as part of a communitywide or districtwide strategy. (d) Use of Funds.--Grants awarded under this section shall be used to provide or coordinate not less than 3 qualified services at not less than 1 public elementary or secondary school. (e) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a consortium comprised of a local educational agency and not less than 1 of the following: (A) Community-based organization. (B) Nonprofit organization. (C) Other public or private entity. (2) Qualified services.--The term ``qualified services'' means any of the following: (A) Early childhood education. (B) Remedial education activities and academic enrichment activities. (C) Programs under the Head Start Act (42 U.S.C. 9831 et seq.), including Early Head Start programs. (D) Programs that promote parental involvement and family literacy, including the Reading First, Early Reading First, and William F. Goodling Even Start Family Literacy programs authorized in part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.). (E) Youth development programs. (F) Parent leadership development activities. (G) Parenting education activities. (H) Childcare services. (I) Community service and service learning opportunities. (J) Programs that provide assistance to students who have been truant, suspended, or expelled. (K) Job training and career counseling services. (L) Nutrition services. (M) Primary health and dental care. (N) Mental health prevention and treatment services. (O) Adult education, including instruction in English as a second language. SEC. 5. STATE PROGRAMS. (a) Program Authorized.-- (1) In general.--The Secretary may award grants to State collaboratives to support the development of full-service community school programs in accordance with this section. (2) Grant period.--Each grant awarded under this section shall be for a period of 5 years. (3) Minimum amount.--To the extent funds are available, each grant award under this section shall be in an amount that is not less than $500,000 for each year of the 5-year grant period. (b) Use of Funds.--Grants awarded under this section shall be used only for the following: (1) Planning, coordinating, and expanding the development of full-service community schools in the State. (2) Providing technical assistance and training at full- service community schools, including professional development for personnel and creation of data collection and evaluation systems. (3) Collecting, evaluating, and reporting data about the progress of full-service community schools. (4) Evaluating the impact of State policies and guidelines in the integration of Federal and State programs at full- service community schools. (c) Application.--A State collaborative that desires a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A list of all governmental agencies and nonprofit organizations that will participate as members of the State collaborative. (2) A description of the expertise of each member of the State collaborative-- (A) in coordinating Federal and State programs across multiple agencies; and (B) in working with and developing the capacity of full-service community schools. (3) A comprehensive plan describing how the grant will be used to plan, coordinate, and expand the delivery of qualified services at full-service community schools. (4) An explanation of how the State will provide technical assistance and training, including professional development, at full-service community schools. (5) An explanation of how the State will collect and evaluate information on full-service community schools. (d) Definitions.--In this section: (1) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (2) State collaborative.--The term ``State collaborative'' means a collaborative comprised of a State educational agency (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and not less than 2 other governmental agencies or nonprofit organizations that provide services to children and families. SEC. 6. ADVISORY COMMITTEE. (a) Establishment.--There is established an advisory committee to be known as the ``Full-Service Community Schools Advisory Committee'' (referred to in this section as the ``Advisory Committee''). (b) Members.--The Advisory Committee shall consist of 4 members as follows: (1) The Attorney General (or the delegate of the Attorney General). (2) The Secretary of Agriculture (or the delegate of the Secretary of Agriculture). (3) The Secretary of Health and Human Services (or the delegate of the Secretary of Health and Human Services). (4) The Secretary of Labor (or the delegate of the Secretary of Labor). (c) Duties.--Subject to subsection (d), the Advisory Committee shall-- (1) consult with the Secretary on the development and implementation of programs under this Act; (2) identify strategies to improve the coordination of Federal programs in support of full-service community schools; and (3) issue an annual report to Congress on efforts under this Act. (d) Consultation.--In carrying out its duties under this section, the Advisory Committee shall consult annually with eligible entities awarded grants under section 4, State collaboratives awarded grants under section 5, and other entities with expertise in operating full- service community schools. SEC. 7. GENERAL PROVISIONS. (a) Technical Assistance.--The Secretary, directly or through grants, shall provide such technical assistance as may be appropriate to accomplish the purposes of this Act. (b) Evaluations by Secretary.--The Secretary shall conduct evaluations on the effectiveness of grants awarded under sections 4 and 5 in achieving the purposes of this Act. (c) Evaluations by Grantees.--The Secretary shall require each recipient of a grant under this Act-- (1) to conduct periodic evaluations of the progress achieved with the grant toward carrying out the purposes of this Act; (2) to use such evaluations to refine and improve the activities conducted under the grant and the performance measures for such activities; and (3) to make the results of such evaluations publicly available and to provide public notice of such availability. (d) Supplement, Not Supplant.--Funds made available to a grant recipient under this Act shall be used to supplement and not supplant any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this Act. (e) Matching Funds.-- (1) In general.--Subject to paragraph (4), the Secretary shall require each recipient of a grant under this Act to provide matching funds from non-Federal sources in an amount determined under paragraph (2). (2) Determination of amount of match.-- (A) Sliding scale.--Subject to subparagraph (B), the Secretary shall determine the amount of matching funds to be required under this subsection of a grant recipient under this Act based on a sliding fee scale that takes into account-- (i) the relative poverty of the population to be targeted by the grant recipient; and (ii) the ability of the grant recipient to obtain such matching funds. (B) Maximum amount.--The Secretary shall not require a recipient of a grant under this Act to provide matching funds in an amount that exceeds the amount of the grant funds awarded to the grant recipient. (3) In-kind contributions.--The Secretary shall permit a grant recipient under this Act to match funds in whole or in part with in-kind contributions. (4) Consideration.--Notwithstanding this subsection, the Secretary shall not consider an applicant's ability to match funds when determining which applicants will receive grants under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 through 2009. (b) Allocation.--Of the amounts appropriated to carry out this Act for each fiscal year-- (1) 75 percent shall be available to carry out section 4; (2) 20 percent shall be available to carry out section 5; and (3) of the remaining 5 percent, not less than $500,000 shall be for technical assistance under section 7(a).

Full-Service Community Schools Act of 2004 - Authorizes the Secretary of Education to award grants to: (1) eligible entities to assist public elementary or secondary schools to function as full-service community schools; and (2) State collaboratives to support development of full-service community school programs. Requires such schools to: (1) participate in community-based efforts to coordinate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provide access to such services to students, families, and the community. Gives local grant priority to entities that: (1) will serve at least one school eligible for schoolwide programs under specified provisions of the Elementary and Secondary Education Act of 1965, and more than one full-service community school as part of a community or districtwide strategy; and (2) demonstrate a record of effectiveness in integrating at least three of various qualified services. Establishes a Full-Service Community Schools Advisory Committee.

A bill to award grants for the support of full-service community schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2009''. SEC. 2. RULES ON TRANSPARENCY OF TICKET MARKETING, DISTRIBUTION, AND PRICING BY PRIMARY TICKET SELLERS. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements with regard to the primary sale, distribution, and pricing of tickets: (1) A requirement that a primary ticket seller disclose and display on the website of such primary ticket seller the total number of tickets offered for sale by such primary ticket seller not less than 7 days before the date on which tickets shall be available for primary sale. (2) A requirement that a primary ticket seller make publicly available, not less than 7 days before the day on which tickets shall be available for primary sale, the total number and distribution method of all tickets not made available for sale to the general public, the distribution of which is the responsibility of that primary ticket seller. (3) A requirement that the distribution method for each particular ticket and the date and time of the primary sale be printed on each such ticket. (4) A requirement that the primary ticket seller include, with any listing of the price of a ticket on the primary ticket seller's website or in any promotional material where the ticket price is listed, all ancillary charges related to the purchase of a ticket, and include such charges and the total cost to the consumer on each individual ticket. (5) A requirement that a primary ticket seller include all ancillary charges in any refund of a ticket that is provided for in the primary ticket seller's refund policies. SEC. 3. RULES FOR SECONDARY TICKET SELLERS. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements and prohibitions with regard to the secondary sale, distribution, and pricing of tickets: (1) A requirement that if the secondary ticket seller does not possess the ticket at the time of the sale that such secondary ticket seller provide-- (A) a clear statement that the secondary ticket seller does not possess the ticket; and (B) an explanation of procedures to be followed by the purchaser to obtain a refund from the secondary ticket seller if the ticket the purchaser ultimately receives does not match the description of the ticket by the secondary ticket seller. (2) A prohibition on the purchase by a secondary ticket seller of a ticket during the first 48 hours after such ticket is first available for primary sale. The prohibition in this paragraph shall not apply with respect to season tickets or bundled series tickets. (3) A requirement that a secondary ticket seller and online resale marketplace disclose upon offering a ticket for resale-- (A) the distribution method and face value of each ticket; (B) the precise location of the seat or space to which the ticket would entitle the bearer, or, if information about the precise location of the seat or space is not available, descriptive information about the location of the seat or space, such as a description of a section or other area within the venue where the seat or space is located; (C) if the secondary ticket seller purchased the ticket during a public sale of tickets to the event, the date and time of the purchase of the ticket by the secondary ticket seller; and (D) the number or identifier assigned to them pursuant to section 4(b). (4) A requirement that an online resale marketplace post clear and conspicuous notice on the website of such online resale marketplace that the website is for the secondary sale of tickets and a requirement that the user confirm having read such notice before starting any transaction. (5) A prohibition on the resale of a ticket by an individual employee of any venue, primary ticket seller, artist, online resale marketplace, or box office that is involved in hosting, promoting, performing in, or selling tickets if such resale-- (A) is for a higher price than face value of the ticket; or (B) is made to any third party and the employee has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the third party intends to sell the ticket for a higher price than face value of the ticket. (6) A requirement that an online resale marketplace disclose to the consumer when the secondary ticket seller of a ticket is the primary ticket seller, venue, or artist associated with the event to which the ticket relates. SEC. 4. REGISTRATION OF SECONDARY TICKET SELLERS AND ONLINE RESALE MARKETPLACES. (a) Registration Required.-- (1) In general.--Beginning on the date on which final regulations are promulgated pursuant to sections 2 and 3, a secondary ticket seller may not engage in, and an online resale marketplace may not permit the use of the marketplace for, the resale of tickets to events unless the secondary ticket seller or the online resale marketplace (as the case may be) registers with the Federal Trade Commission under this section. (2) Registration information.--When registering with the Federal Trade Commission under paragraph (1), a secondary ticket seller or an online resale marketplace (as the case may be) shall provide a viable street address, telephone number, and email address for the secondary ticket seller or the online resale marketplace (as the case may be) to the Commission. (3) Annual updates.--Any secondary ticket seller or online resale marketplace registered with the Federal Trade Commission under paragraph (1) shall verify the accuracy of the information required under paragraph (2) not less frequently than annually. (b) Registration Number.--The Federal Trade Commission shall assign a unique number or other identifier to each secondary ticket seller and each online resale marketplace that registers with the Commission under subsection (a)(1). SEC. 5. ENFORCEMENT. (a) Federal Trade Commission.--A violation of a rule prescribed pursuant to section 2 or 3 or a violation of section 4(a)(1) 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)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) State Attorneys General.-- (1) In general.--Except as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates a rule prescribed under section 2 or 3, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the rule; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; (D) obtain penalties provided for under section 2(b); and (E) obtain such other relief as the court may consider to be appropriate. (2) Notice.--The State shall serve written notice to the Commission of any civil action under paragraph (1) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Intervention by ftc.--Upon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening-- (A) be heard on all matters arising in such civil action; (B) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. (4) Savings clause.--Nothing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Venue; service of process; joinder.--In a civil action brought under paragraph (1)-- (A) the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (C) a person who participated with a defendant or related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (6) Preemptive action by ftc.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph (1) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (7) Award of costs and fees.--If a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees from the lender or related party. SEC. 6. DEFINITIONS. As used in this Act the following definitions apply: (1) The term ``ancillary charges'' means service fees, convenience charges, parking fees, and other charges associated with the purchase of a ticket and not included in the base price of the ticket. (2) The term ``base price'' means the price charged for a ticket other than any ancillary charges. (3) The term ``box office'' means a physical location where tickets are offered for primary sale. (4) The term ``bundled series tickets'' means packages of tickets for multiple events that are part of the same entertainment series. (5) The term ``distribution method'' means the manner in which a primary ticket seller distributes tickets to a particular event, whether through primary sale, limited pre sale promotions, donations to charity, reservations of season ticket holders, or allocated to the primary ticket seller, artist, or venue. (6) The term ``face value'' means the total price of a ticket including both the base price and any ancillary charges. (7) The term ``primary sale'', with regards to a ticket, means the initial sale of a ticket that has not been sold previous to such sale, by a primary ticket seller to the general public on or after the date advertised such sale. (8) The term ``primary ticket seller'' means an owner or operator of a venue or a sports team, a manager or provider of an event, or a provider of ticketing services (or an agent of such owner, operator, manager, or provider) that engages in the primary sale of tickets for an event or retains the authority to otherwise distribute tickets. (9) The terms ``resale'' or ``secondary sale'', with regards to a ticket, mean any sale of a ticket that occurs after the initial sale of the ticket. (10) The term ``ticket'' means a ticket of admission to a sporting event, theater, musical performance, or place of public amusement of any kind. (11) The term ``online resale marketplace'' means an Internet website-- (A) that facilitates or enables the resale of tickets by secondary ticket sellers; or (B) on which secondary ticket sellers offer tickets for resale. (12) The term ``secondary ticket seller'' means a person engaged in reselling tickets for an event and who charges a premium in excess of the face value. Such term does not include an individual who resells fewer than 25 tickets during any 1- year period. SEC. 7. NONPREEMPTION. Nothing in this Act shall affect the authority of any State or local government to establish or continue in effect a provision of law of the State or local government relating to the regulation of the resale of tickets to events or the pricing of such tickets for resale, except to the extent that such provision is inconsistent with this Act or a regulation promulgated under this Act, and then only to the extent of the inconsistency. A provision of law of a State or local government is not inconsistent with this Act or a regulation promulgated under this Act if such provision provides equal or greater protection to consumers than the protection provided under this Act or such regulation.

Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2009 - Requires the Federal Trade Commission (FTC) to promulgate rules regarding the primary sale, distribution, and pricing of tickets, including regarding: (1) disclosing the number of tickets and the distribution method; (2) printing the date and time of sale on each ticket; (3) disclosure on the seller's website or in promotional material of all ancillary charges; and (4) inclusion of all ancillary charges in any refund. Requires the FTC to promulgate rules regarding the secondary sale, distribution, and pricing of tickets, including regarding: (1) disclosure if the secondary seller does not possess the ticket at the time of the sale; (2) purchase by a secondary seller during the first 48 hours of ticket availability; (3) disclosure of the distribution method, the face value of each ticket, and the location of the seat or space involved; (4) disclosure that an online marketplace is for secondary sale; (5) resale for a price higher than face value; and (6) disclosure by an online marketplace when the secondary seller is the primary seller, venue, or artist involved. Requires secondary sellers and online resale marketplaces to register with the FTC. Treats a violation as an unfair or deceptive act or practice under of the Federal Trade Commission Act and requires the FTC to enforce this Act. Allows states to bring civil enforcement actions. Allows state and local laws that provide equal or greater protection to consumers.

To direct the Federal Trade Commission to prescribe rules to protect consumers from unfair and deceptive acts and practices in connection with primary and secondary ticket sales.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Rural Call Quality and Reliability Act of 2016''. SEC. 2. ENSURING THE INTEGRITY OF VOICE COMMUNICATIONS. Part II of title II of the Communications Act of 1934 (47 U.S.C. 251 et seq.) is amended by adding at the end the following: ``SEC. 262. ENSURING THE INTEGRITY OF VOICE COMMUNICATIONS. ``(a) Registration and Compliance by Intermediate Providers.--An intermediate provider that offers or holds itself out as offering the capability to transmit covered voice communications from one destination to another and that charges any rate to any other entity (including an affiliated entity) for the transmission shall-- ``(1) register with the Commission; and ``(2) comply with the service quality standards for such transmission to be established by the Commission under subsection (c)(1)(B). ``(b) Required Use of Registered Intermediate Providers.--A covered provider may not use an intermediate provider to transmit covered voice communications unless such intermediate provider is registered under subsection (a)(1). ``(c) Commission Rules.-- ``(1) In general.-- ``(A) Registry.--Not later than 180 days after the date of enactment of this section, the Commission shall promulgate rules to establish a registry to record registrations under subsection (a)(1). ``(B) Service quality standards.--Not later than 1 year after the date of enactment of this section, the Commission shall promulgate rules to establish service quality standards for the transmission of covered voice communications by intermediate providers. ``(2) Requirements.--In promulgating the rules required by paragraph (1), the Commission shall-- ``(A) ensure the integrity of the transmission of covered voice communications to all customers in the United States; and ``(B) prevent unjust or unreasonable discrimination among areas of the United States in the delivery of covered voice communications. ``(d) Public Availability of Registry.--The Commission shall make the registry established under subsection (c)(1)(A) publicly available on the website of the Commission. ``(e) Scope of Application.--The requirements of this section shall apply regardless of the format by which any communication or service is provided, the protocol or format by which the transmission of such communication or service is achieved, or the regulatory classification of such communication or service. ``(f) Rule of Construction.--Nothing in this section shall be construed to affect the regulatory classification of any communication or service. ``(g) Effect on Other Laws.--Nothing in this section shall be construed to preempt or expand the authority of a State public utility commission or other relevant State agency to collect data, or investigate and enforce State law and regulations, regarding the completion of intrastate voice communications, regardless of the format by which any communication or service is provided, the protocol or format by which the transmission of such communication or service is achieved, or the regulatory classification of such communication or service. ``(h) Exception.--The requirement under subsection (a)(2) to comply with the service quality standards established under subsection (c)(1)(B) shall not apply to a covered provider that-- ``(1) on or before the date that is 1 year after the date of enactment of this section, has certified as a Safe Harbor provider under section 64.2107(a) of title 47, Code of Federal Regulations, or any successor regulation; and ``(2) continues to meet the requirements under such section 64.2107(a). ``(i) Definitions.--In this section: ``(1) Covered provider.--The term `covered provider' has the meaning given the term in section 64.2101 of title 47, Code of Federal Regulations, or any successor thereto. ``(2) Covered voice communication.--The term `covered voice communication' means a voice communication (including any related signaling information) that is generated-- ``(A) from the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource; and ``(B) through any service provided by a covered provider. ``(3) Intermediate provider.--The term `intermediate provider' means any entity that-- ``(A) enters into a business arrangement with a covered provider or other intermediate provider for the specific purpose of carrying, routing, or transmitting voice traffic that is generated from the placement of a call placed-- ``(i) from an end user connection using a North American Numbering Plan resource; or ``(ii) to an end user connection using such a numbering resource; and ``(B) does not itself, either directly or in conjunction with an affiliate, serve as a covered provider in the context of originating or terminating a given call.''. Passed the House of Representatives November 14, 2016. Attest: KAREN L. HAAS, Clerk.

Improving Rural Call Quality and Reliability Act of 2016 (Sec. 2) This bill amends the Communications Act of 1934 to require intermediate providers that offer the capability to transmit voice communications and signaling information from one destination to another, and that charge a rate to any other entity (including an affiliated entity) for such a transmission, to: (1) register with the Federal Communications Commission (FCC), and (2) comply with service quality standards to be established by the FCC. An "intermediate provider" is an entity that: (1) enters a business arrangement with a long-distance voice service provider that makes the initial call path choice for more than 100,000 domestic retail subscriber lines, or with another intermediate provider, to carry, route, or transmit voice traffic from a call placed from or to an end user connection using a North American Numbering Plan resource; and (2) does not itself (directly or in conjunction with an affiliate) serve as such a long-distance initial call path choice provider in the context of originating or terminating a given call. The bill prohibits such long-distance providers (including local exchange carriers, interexchange carriers, commercial mobile radio services, interconnected voice over Internet Protocol [VoIP] services, and certain non-interconnected VoIP services) from using an intermediate provider to transmit voice communications and signals unless the intermediate provider is so registered. The FCC must: (1) ensure the integrity of the transmission of voice communications to all customers in the United States, (2) prevent unjust or unreasonable discrimination among areas of the United States in the delivery of such voice communications, and (3) make a registry of intermediate providers publicly available on the FCC website. The bill shall not be construed to preempt or expand the authority of a state agency or public utility commission to collect data, or enforce state law and regulations, regarding the completion of intrastate voice communications. Certain long-distance providers that make initial call path choices are exempt from service quality standards that the FCC is required to establish under this bill if they certify under a safe harbor provision in existing FCC rules that they monitor the performance of, or do not use, intermediate providers.

Improving Rural Call Quality and Reliability Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Excellence in Research and Development Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The end of the Cold War has resulted in a cessation of underground nuclear testing at the Department of Energy facility known as the Nevada Test Site, Nevada. (2) Because the world political situation is ever-changing and dangerous, it is imperative that the United States remain strong militarily and continue to be a nuclear superpower. (3) It is imperative that the Nevada Test Site be maintained in a full state of readiness to ensure the capability of the nuclear arsenal of the United States. (4) The Nevada Test Site is in a beneficial location for activities suitable for research and development of emerging technologies that will be important to the United States in the 21st century. (5) Technology development carried out at the Nevada Test Site should include private-sector industries as well as military projects. (6) The Nevada Test Site can support the stewardship of the Nation's nuclear weapons stockpile, the non-proliferation of nuclear weapons, and the technological competitiveness of the United States by providing the environment for nuclear and non- nuclear test and demonstration experiments and projects for government, industry, and academia. (7) The Nevada Test Site can provide the infrastructure to support industrial and civilian tests of environmentally demanding projects and programs. (8) The Nevada Test Site can support the testing and demonstration of environmental clean-up technologies by government and industry and can support the testing of alternative and renewable energy sources for environmentally clean and economically competitive replacements for traditional fossil energy sources and uses in many parts of Nevada and in the United States as a whole. (9) The Nevada Test Site can provide support for disarmament activities such as the demonstration of rocket motor destruction technology and conventional munitions destruction technology. (10) The Nevada Test Site can support non-proliferation experiments in disablement, nuclear forensics, sensors, and verification and monitoring. (11) The Nevada Test Site can support treaty-compliant experiments for stockpile stewardship purposes. (12) The size and remoteness of the Nevada Test Site make the Nevada Test Site well-suited for a multitude of activities associated with the restructuring of the United States military. SEC. 3. PURPOSES. It is the purpose of this Act-- (1) to ensure full operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site; (2) to ensure an appropriate level of funds for such readiness to be maintained; (3) to create a National Test and Demonstration Center of Excellence at the Nevada Test Site for the promotion of disarmament, demilitarization, alternative and renewable energy sources, the non-proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies; and (4) to ensure the availability of the Nevada Test Site, within appropriate restrictions, for use by private-sector industries seeking to make use of the inherent qualities that make the Nevada Test Site the greatest outdoor laboratory in the world. SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE. (a) Authorization of Appropriations.-- (1) In general.--The amount referred to in paragraph (2) is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site. (2) Authorized amount.--The amount referred to in paragraph (1) is the amount appropriated to the Secretary of Energy for fiscal year 1992 to maintain the operational readiness the underground nuclear testing facilities and infrastructure of the Nevada Test Site, adjusted for inflation using the Consumer Price Index. (b) Staffing Levels.--During fiscal year 1995, the Secretary of Energy shall, to the maximum extent practicable, maintain a staffing level at the Nevada Test Site that is equal to the staffing level at the Nevada Test Site during fiscal year 1992. (c) Environmental and Infrastructure Assessment Activities.--The Secretary of Energy, through the Nevada Test Site Operations Office, shall carry out any environmental and infrastructure activities necessary to accommodate new projects and initiatives at the Nevada Test Site. SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE. (a) Establishment.--There is hereby established within the Department of Energy a National Test and Demonstration Center of Excellence (hereafter in this Act referred to as the ``Center''), to be located at the Nevada Test Site, Nevada. (b) Purpose.--It shall be the purpose of the Center to promote disarmament, demilitarization, alternative and renewable energy sources, the non-proliferation of nuclear weapons, sensor development, and environmentally sensitive technologies. (c) Activities Related to Alternative and Renewable Energy Sources.--The Center shall carry out the following testing and demonstration activities that are related to alternative and renewable energy sources: (1) The characterization of solar and geothermal resources at the Nevada Test Site. (2) The development of alternative and renewable energy sources, including, as a goal of the Center, the development and completion of two 100-megawatt solar power plants by the year 2000. (3) The conduct of a National Alternative-Fueled Vehicles Program, the objective of which shall be to demonstrate the regional use of natural gas, electricity, and hydrogen as vehicle fuels. (d) Activities Related to Disarmament and Demilitarization.--The Center shall carry out testing and demonstration activities that are related to changes occurring in United States military as a result of the end of the Cold War, including testing and demonstration activities with respect to-- (1) the demilitarization of large rocket motor and conventional ordnance; and (2) disarmament and demilitarization, generally. (e) Activities Related to Nuclear Stockpile Stewardship.--The Center shall carry out testing and demonstration activities related to the stewardship of the nuclear stockpile of the United States. Such activities shall include-- (1) the conduct of treaty-compliant experiments; (2) the provision of support to the Department of Energy nuclear weapons complex; and (3) the conduct of programs for the Department of Energy and the Department of Defense to develop simulator technologies for nuclear weapons design and effects, including advanced hydrodynamic simulators, inertial confinement fusion test facilities, and nuclear weapons effects simulators (such as the Decade and Jupiter simulators). (f) Activities Related to Non-proliferation.--The Center shall carry out experiments related to the non-proliferation of nuclear weapons, including experiments with respect to disablement, nuclear forensics, sensors, and verification and monitoring. (g) Activities Related to Environmental Technologies.--The Center shall carry out testing and demonstration activities related to the development of environmental technologies, including-- (1) the demonstration of technologies concerning the remediation of toxic and hazardous chemicals; and (2) the conduct of training activities pertaining to emergency response to radioactive, hazardous, and toxic accidents and emergencies. (h) Other Activities.--The Center may carry out the testing and demonstration of any other technology which is appropriate for testing and demonstration at the Nevada Test Site. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Except as provided in section 4, there is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 1995 such sums as may be necessary to carry out this Act.

National Center for Excellence in Research and Development Act of 1993 - Authorizes appropriations to the Secretary of Energy for the underground nuclear testing facilities and infrastructure of the Nevada Test Site. Establishes within the Department of Energy a National Test and Demonstration Center for Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to: (1) alternative and renewable energy sources; (2) demilitarization and disarmament; (3) nuclear stockpile stewardship; (4) non-proliferation of nuclear weapons; and (5) environmental technologies.

National Center for Excellence in Research and Development Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``E. coli Traceability and Eradication Act''. SEC. 2. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF. (a) Amendment.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 26. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF. ``(a) In General.--The Secretary of Agriculture shall require that slaughterhouses, processing establishments, and grinding facilities described in subsection (b) test for and report on the presence of Shiga toxin-producing E. coli at the following points: ``(1) One test at the slaughterhouse or processing establishment at which source trim was produced and 1 test of the source trim or bench trim at the receiving facility prior to combining with other lots from different sources. ``(2) If the source trim and grinding occurs at the same facility, 1 test of the source trim and 1 test of the final ground product. ``(b) Administration.--To carry out this section, the Secretary shall-- ``(1) publish peer-reviewed, science-based requirements for sampling protocols that establish, for each product type-- ``(A) lot size limitations; ``(B) sample size and the methodology used to calculate the sample size; ``(C) sample number; ``(D) the expected power of the sample; ``(E) in-field and laboratory sampling collection methods; and ``(F) a standard for validating laboratory test methods; ``(2) at least every two years, publish a peer review of the sampling protocols referred to in paragraph (1) and any necessary revisions of such protocols; ``(3) approve establishment sampling protocols consistent with the sampling protocols referred to in paragraph (1); and ``(4) in the case of a positive sample that indicates the presence of Shiga toxin-producing E. coli in a lot of an establishment-- ``(A) conduct an investigation sufficient to identify the original source of contamination using sampling protocols that include-- ``(i) collecting documentary evidence; and ``(ii) collecting and analyzing a sufficient number of meat samples from the source lots, as identified by the collection of documentary evidence conducted under clause (i), to determine the presence or absence of the pathogen in the source lots and the identity of the establishment that was the original source of contamination at locations that may include-- ``(I) the establishment that tested the meat from the original product lots; ``(II) an intermediary processor or warehouse holding meat from the same original product lots; ``(III) the establishment that produced the original product lots; or ``(IV) a Federally inspected or retail establishment that received part of the original product lots; ``(B) verify that meat or meat food products contaminated with Shiga toxin-producing E. coli, and the entire lot that is represented by the sample, are disposed of or treated to eradicate Shiga toxin- producing E. coli (in accordance with guidelines of the Secretary) before entry into commerce; and ``(C) promulgate regulations that require that the slaughterhouse or processing establishment takes corrective action and takes measures to prevent reoccurrence. ``(c) Testing.-- ``(1) In general.--A slaughterhouse or processing establishment producing or a grinding facility receiving trimmings shall test each lot using sampling standards and procedures determined by the Secretary. ``(2) Testing facilities.-- ``(A) In general.--An establishment shall use an independent testing facility accredited by the Secretary that uses methods that are at least equivalent in specificity and sensitivity to the methods used by the Secretary to test beef trimmings. ``(B) Administration.--In using an independent testing facility under subparagraph (A), the establishment-- ``(i) shall contract with the facility on an annual basis; and ``(ii) shall not terminate the contract on the basis of positive test results reported by the facility. ``(3) Proficiency testing service.--A laboratory that tests beef for Shiga toxin-producing E. coli shall contract with a testing service to verify the proficiency of the laboratory. ``(4) Transmission of testing results.-- ``(A) In general.--Test results of any testing conducted under this subsection shall be delivered, not later than 24 hours after such results are obtained, to a specific individual designated by each slaughterhouse, processing establishment, or grinding facility. ``(B) Transmission to secretary.--The slaughterhouse, processing establishment, or grinding facility shall report any positive or presumptive positive results directly to the Secretary through electronic means not later than 24 hours after receipt of results from a testing facility. ``(5) Habitual violators.--A slaughterhouse or processing establishment that produces or distributes trim that receives positive results that exceed the maximum allowable percentage of positive results for 3 consecutive days or more than 10 instances per year shall be listed on the public website of the Secretary as a habitual violator. ``(6) Compliance.--The Secretary shall take necessary regulatory action with respect to an establishment that fails to test, notify the Secretary of positive results, or otherwise comply with this subsection. ``(d) Imported Ground Beef.-- ``(1) In general.--Any trim, bench trim, and ground beef originating from outside the United States shall be subject to the same requirements as apply to domestic trim, bench trim, and ground beef under this section. ``(2) Verification.-- ``(A) In general.--To be eligible for importation into the United States, a foreign facility shall provide a certification of compliance with paragraph (1) to a domestic slaughterhouse, processing establishment, or grinding facility. ``(B) Secondary testing.--The domestic slaughterhouse, processing establishment, or grinding facility shall verify the results of the certification by conducting secondary testing of the trim, bench trim, or ground beef before processing into a final ground beef product.''. (b) Application.--Section 26 of the Federal Meat Inspection Act, as amended by subsection (a), shall apply-- (1) effective 180 days after the date of the enactment of this section, to-- (A) all slaughterhouses and processing establishments that produce more than 25,000 pounds of trim per day; and (B) grinding facilities that grind more than 25,000 pounds of trim or bench trim per day; (2) effective December 1, 2011, to-- (A) all slaughterhouses and processing establishments that produce more than 5,000 but not more than 25,000 pounds of trim per day; and (B) grinding facilities that grind more than 5,000 but not more than 25,000 pounds of trim or bench trim per day; (3) effective December 1, 2012, to-- (A) all slaughterhouses and processing establishments that produce more than 1,000 but not more than 5,000 pounds of trim per day; and (B) grinding facilities that grind more than 1,000 but not more than 5,000 pounds of trim or bench trim per day; and (4) effective December 1, 2013, to all slaughterhouses, processing establishments, and grinding facilities that produce or grind trim or bench trim. (c) Grants.-- (1) In general.--The Secretary of Agriculture shall award grants to assist slaughterhouses, processing establishments, and grinding facilities in complying with section 26 of the Federal Meat Inspection Act, as amended by subsection (a). (2) Eligible entities.--Grants awarded under this subsection are limited to-- (A) slaughterhouses and processing establishments that produce not more than 1,000 pounds of trim per day; and (B) grinding facilities that grind not more than 1,000 pounds of trim or bench trim per day. (3) Grant funding.-- (A) Amount.--The amount of each grant awarded under this subsection shall not exceed $10,000. (B) Priority.--The Secretary shall award grants under this section on a first-come, first-served basis. (4) Termination.--The grant program established under this section shall terminate on December 1, 2013. SEC. 3. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. (a) Findings.--Congress finds that it is essential and in the public interest that-- (1) the health and welfare of consumers be protected by ensuring that meat and meat food products distributed to consumers are wholesome and not adulterated or contaminated; and (2) Federal meat inspection programs identify all sources, including the slaughterhouse source, of original adulteration and contamination of enteric foodborne pathogens in meat in any case in which-- (A) lab samples test positive for enteric pathogen adulteration or contamination; or (B) adulterated or contaminated meat is found in commerce, including foodborne outbreaks. (b) Definitions.--Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following: ``(x) Enteric Foodborne Pathogen.--The term `enteric foodborne pathogen' means live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin- producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. ``(y) Establishment.--The term `establishment' means any person, firm, meat broker, renderer, or animal food manufacturer.''. (c) Protection Against Adulterated and Contaminated Meat or Meat Food Products.--Section 8 of the Federal Meat Inspection Act (21 U.S.C. 608) is amended-- (1) by striking ``Sec. 8. The Secretary'' and inserting the following: ``SEC. 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. ``(a) In General.--The Secretary''; (2) by inserting ``or contaminated'' after ``adulterated''; and (3) by adding at the end the following: ``(b) Sampling Protocols.-- ``(1) In general.--In carrying out this Act, the Secretary shall implement sampling protocols using methods and technologies to enable personnel of the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. ``(2) Requirements.-- ``(A) In general.--The sampling protocols referred to in paragraph (1) shall enable rapid tracing to the source of contamination, through the-- ``(i) collection of documentary evidence; and ``(ii) collection and analyses of a sufficient number of meat samples from the source lots, as identified by collection of documentary evidence conducted under clause (i), to determine the presence or absence of the pathogen in the source lots and the identity of the establishment that was the original source of contamination at locations that may include---- ``(I) the establishment that tested the meat from the original product lot; ``(II) an intermediary processor or warehouse holding meat from the same original product lot; ``(III) the establishment that produced the original product lot; or ``(IV) a Federally inspected or retail establishment that received part of the original product lot. ``(B) Timing.--The collection of documentary and other relevant material to enable rapid tracing under subparagraph (A) shall occur at the time that samples of the relevant meat or meat food product are collected. ``(C) Certification.--The onsite inspector and a responsible establishment representative shall certify that the documentary and other tracing material collected under subparagraph (A) is complete and accurate. ``(3) Tracing of adulterated and contaminated meat and meat food products.--If a meat or meat food product sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens, the Secretary shall immediately conduct a trace-- ``(A) to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments; and ``(B) to identify the original source of adulteration or contamination. ``(4) Subsequent sampling.--If a raw ground meat sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, the Secretary shall require subsequent sampling at the establishment, and any establishments supplying that establishment, each day for a minimum of 15 consecutive days after the date on which the adulterated or contaminated sample is collected.''.

E. coli Traceability and Eradication Act - Amends the the Federal Meat Inspection Act to require that specified slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of Shiga toxin-producing E. coli in beef. Directs the Secretary of Agriculture (USDA) to make grants to assist certain slaughterhouses, processing establishments, and grinding facilities in complying with such requirements. Terminates grant assistance on December 1, 2013. Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef. Defines "enteric foodborne pathogen" as live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin-producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. Directs the Secretary to implement sampling protocols to enable the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. Requires the Secretary: (1) if a meat or meat food product sample tests positive for adulteration or contamination by enteric foodborne pathogens, to conduct a trace to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments, and to identify the original source of adulteration or contamination; and (2) if a raw ground meat sample tests positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, to require subsequent daily sampling at the establishment and any supplying establishments for a minimum of 15 consecutive days after the date on which the sample is collected.

To amend the Federal Meat Inspection Act to develop an effective sampling and testing program to test for E. coli in boneless beef manufacturing trimmings and other raw ground beef components, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beef Checkoff Modernization Act of 2008''. SEC. 2. IMPORTERS QUALIFIED BEEF COUNCIL. (a) Definition of Qualified Beef Council.-- (1) In general.--Section 3 of the Beef Research and Information Act (7 U.S.C. 2902(14)) is amended by striking paragraph (14) and inserting the following: ``(14) Qualified beef council.--The term `qualified beef council' means-- ``(A) a beef promotion entity that-- ``(i) is authorized by State law or is otherwise organized and operating within a State; ``(ii) receives voluntary contributions and conducts beef promotion, research, and consumer information programs; and ``(iii) is recognized by the Board as the beef promotion entity within the State; or ``(B) the importers qualified beef council established and maintained by the Secretary in accordance with section 5(1);''. (2) Conforming amendments.--Section 5 of the Beef Research and Information Act (7 U.S.C. 2904) is amended-- (A) in paragraph (1), by adding at the end the following: ``The Secretary shall establish and maintain, as a subcommittee of the Board, an importers qualified beef council to promote nondomestic beef or to pursue any other authorized purpose of a qualified beef council described in section 3(14)(A).''; (B) in paragraph (4)(A), by striking ``qualified State beef'' each place it appears and inserting ``qualified beef''; and (C) in paragraph (8)-- (i) in subparagraphs (A) and (B), by striking ``qualified State beef'' each place it appears and inserting ``qualified beef''; and (ii) in subparagraph (C)-- (I) in the first sentence, by inserting ``, of which 50 percent shall be made available for use by the Board and 50 percent shall be made available for use by the importers qualified beef council established under paragraph (1)'' after ``Board''; (II) in the second sentence, by striking ``plans and projects, as provided for in paragraph (4)'' and inserting ``plans, projects, and activities, in accordance with paragraphs (4) and (13)''; and (III) in the fourth sentence, by striking ``qualified State beef'' and inserting ``qualified beef''. (b) Use of Funds.--Section 5 of the Beef Research and Information Act (7 U.S.C. 2904) is amended by adding at the end the following: ``(13) Use of funds.-- ``(A) In general.--The order shall direct that at least 30 percent of the funds derived from the assessment of United States producers and made available for the promotion and marketing of products derived from cattle be used only for the promotion and marketing of products derived from cattle exclusively born and raised in the United States. ``(B) Importers qualified beef council.--The order shall direct that, of the aggregate amount made available for use by the importers qualified beef council under paragraph (4)(C), the importers qualified beef council shall reserve a percentage of that amount, to be determined by the importers qualified beef council, for use-- ``(i) to promote products specifically derived from cattle not born and raised in the United States; or ``(ii) for any other purpose allowed under this Act for any other qualified beef council.''. SEC. 3. REQUIRED TERMS IN ORDER. Section 5(6) of the Beef Research and Information Act (7 U.S.C. 2904(6)) is amended in the first sentence-- (1) by striking ``established'' and inserting ``new or existing''; and (2) by inserting ``and such other organizations and entities as the Secretary determines to be appropriate,'' after ``paragraph (4),''. SEC. 4. REQUIREMENTS OF REFERENDUM. Section 7(b) of the Beef Research and Information Act (7 U.S.C. 2906(b)) is amended-- (1) by striking ``(b)'' and the first sentence and inserting the following: ``(b) Additional Referenda To Determine Suspension or Termination of Order.-- ``(1) In general.--Beginning in calendar year 2010 and every 7 years thereafter, or more frequently during those 7- year periods, upon the receipt of a petition of a representative group comprising 10 percent or more of cattle producers (as determined by the Secretary), the Secretary shall conduct a referendum-- ``(A) to determine whether cattle producers favor the termination or suspension of the order; and ``(B) to vote on any other amendments to the order.''; (2) in the second sentence, by striking ``The Secretary shall'' and inserting the following: ``(2) Majority vote to suspend or terminate.--The Secretary shall''; and (3) by adding at the end the following: ``(3) Additional referenda.-- ``(A) In general.--In addition to the referenda required under subsection (a) and paragraph (1), not later than 1 year after any proposed amendments to the order, the Secretary shall conduct a referendum for the specific amendments to determine whether cattle producers favor the termination or suspension of the amendments. ``(B) Requirements.--Except as provided in subparagraph (C), the specific amendments that are the subject of a referendum under subparagraph (A) shall be considered individually. ``(C) Single purpose.--Multiple amendments may be considered jointly if the amendments are relevant to a single purpose, including amendments relating to changes-- ``(i) in the assessment level; ``(ii) to the contracting requirements; ``(iii) in oversight, administration, and organizational structure; or ``(iv) to collection or allocation of proceeds. ``(D) Effective date.--An amendment approved under a referendum under subparagraph (A) shall take effect beginning on the date that is 180 days after the amendment receives the majority approval of the producers voting in the referendum.''.

Beef Checkoff Modernization Act of 2008 - Amends the Beef Research and Information Act to direct the Secretary of Agriculture to establish and maintain (as a subcommittee of the Cattlemen's Beef Promotion and Research Board) an importers qualified beef council to promote nondomestic beef or to pursue any other authorized purpose of a qualified beef council. Replaces the definition of "qualified state beef council" with a definition of "qualified beef council" that includes an importers qualified beef council. Requires a beef promotion and research order to provide that: (1) at least 30% of U.S. producer assessments be made available to promote and market products derived from cattle born and raised in the United States; and (2) the importers qualified beef council reserve a percentage of its funds to promote products derived from cattle not born and raised in the United States, or for any other purpose allowed under this Act for any other qualified beef council. Requires the Secretary, beginning in 2010 and at least every seven years thereafter, upon receipt of a petition of a group comprising 10% or more of cattle producers, to conduct a referendum to: (1) determine whether cattle producers favor the termination or suspension of the order; and (2) vote on any other amendments to the order.

A bill to amend the Beef Research and Information Act to allow the promotion of beef that is born and raised exclusively in the United States, allow the establishment of an importers qualified beef council to promote nondomestic beef, and to establish new referendum requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Cash Smuggling Act of 2010''. SEC. 2. ADDITION OF MEANS OF ACCESS TO FUNDS OR THE VALUE OF FUNDS. Chapter 53 of subtitle IV of title 31, United States Code, is amended-- (1) by inserting after section 5316 the following new section: ``Sec. 5316A. Reports on exporting and importing means of access to funds ``(a) In General.-- ``(1) Reports required.--The Secretary of the Treasury, in consultation with the Secretary of Homeland Security, shall, by regulation and subject to the limitations of this section, require reports concerning means of access to funds or the value of funds belonging or credited to a person. ``(2) Means of access to funds or the value of funds defined.--The Secretary of the Treasury shall define the term `means of access to funds or the value of funds' for purposes of this section. Such definition shall-- ``(A) include means that a person, agent, or bailee can use to electronically-- ``(i) initiate transfers of funds; ``(ii) obtain currency in place of funds or the value of funds; or ``(iii) purchase goods or services; ``(B) include, but not be limited to, prepaid or stored value cards; and ``(C) not include debit cards or credit cards, as such terms are defined under section 603(r)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(r)(3)) and under section 103(k) of the Truth in Lending Act (15 U.S.C. 1602(k)), respectively. ``(b) Reports Required When Exporting or Importing.--A person, or an agent or bailee of that person, shall as required by regulation file a report under this section only when the person, agent, or bailee knowingly-- ``(1) transports, is about to transport, or has transported a means of access to funds or the value of funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States; or ``(2) receives a means of access to funds or the value of funds transported into the United States from or through a place outside the United States. ``(c) Timing and Content of Reports.--A report under this section shall be filed at the time and place prescribed by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security. The report shall contain the following information, to the extent the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, prescribes: ``(1) The legal capacity in which the person filing the report is acting. ``(2) The origin, destination, and route of the means of access to funds or the value of funds. ``(3) When the means of access to funds or the value of funds is not legally and beneficially owned by the person transporting the such means of access, or if the person transporting such means of access personally is not going to use it, the identity of the person that gave such means of access to the person transporting it, the identity of the person who is to receive such means of access, or both. ``(4) The amount and kind of funds or the value of funds to which the means of access to funds or the value of funds provides access, and the person to whom the funds or value of funds belong or are credited. ``(5) Such additional information as the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, determines to be appropriate. ``(d) Nonapplicability to Certain Common Carriers.--This section shall not apply to a common carrier of passengers when a passenger is transporting a means of access to funds or the value of funds, or to a common carrier of goods if the shipper does not declare such means of access. ``(e) Additional Information Needed To Facilitate Reporting.--The Secretary of the Treasury, in consultation with the Secretary of Homeland Security, may prescribe regulations under this section requiring a person that holds funds or the value of funds belonging or credited to another person, and that provides such other person a means of access to such funds or value, to provide information at the time and place and in the manner prescribed by the Secretary, in consultation with the Secretary of Homeland Security, in order to facilitate reporting under this section. Such information may include, but is not limited to, placing conspicuous markings on any tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds in order to manifest reportable characteristics of the means of access.''; (2) in section 5316-- (A) by amending the heading to read as follows: ``Sec. 5316. Reports on exporting and importing monetary instruments and access devices''; (B) by amending subsection (a) to read as follows: ``(a) Except as provided in subsection (c), a person or an agent or bailee of the person shall file a report under subsection (b) when the person, agent, or bailee knowingly-- ``(1) transports, is about to transport, or has transported, monetary instruments, funds accessible by means of access to funds or the value of funds (as defined under section 5316A(a)(2)), or a combination of monetary instruments and funds accessible by such means of access, of more than $10,000 at one time-- ``(A) from a place in the United States to or through a place outside the United States; or ``(B) to a place in the United States from or through a place outside the United States; or ``(2) receives monetary instruments, funds accessible by means of access to funds or the value of funds, or a combination of monetary instruments and funds accessible by such means of access, of more than $10,000 at one time transported into the United States from or through a place outside the United States.''; and (C) in subsection (b), by striking ``Secretary prescribes'' and inserting ``Secretary of the Treasury, in consultation with the Secretary of Homeland Security, prescribes''; (3) by amending section 5317 to read as follows: ``Sec. 5317. Search and forfeiture of monetary instruments and access devices ``(a) In General.--The Secretary of the Treasury or the Secretary of Homeland Security may apply to a court of competent jurisdiction for a search warrant when such Secretary reasonably believes a monetary instrument or a tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds is being transported and a report on the instrument or means of access to funds or the value of funds under section 5316 or 5316A has not been filed or contains a material omission or misstatement. Such Secretary shall include a statement of information in support of the warrant. On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. This subsection does not affect the authority of the Secretary of the Treasury or the Secretary of Homeland Security under any other provision of law. ``(b) Searches at Border.--For purposes of ensuring compliance with the requirements of section 5316 and 5316A, a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States. ``(c) Forfeiture.-- ``(1) Criminal forfeiture.-- ``(A) In general.--The court in imposing sentence for any violation of section 5313, 5316, 5316A, or 5324, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense, including but not limited to any tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds, and any property traceable thereto. ``(B) Procedure.--Forfeitures under this paragraph shall be governed by the procedures established in section 413 of the Controlled Substances Act. ``(2) Civil forfeiture.--Any property involved in a violation of section 5313, 5316, 5316A, or 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code.''; (4) by amending section 5324(c) to read as follows: ``(c) International Transactions.--No person shall, for the purpose of evading the reporting requirements of section 5316 or 5316A-- ``(1) fail to file a report required by section 5316 or 5316A, or cause or attempt to cause a person to fail to file such a report; ``(2) file or cause or attempt to cause a person to file a report required under section 5316 or 5316A that contains a material omission or misstatement of fact; or ``(3) structure or assist in structuring, or attempt to structure or assist in structuring, any importation or exportation of monetary instruments or means of access to funds or the value of funds.''; and (5) by amending section 5332 to read as follows: ``Sec. 5332. Smuggling of cash, monetary instruments, and means of access to funds or the value of funds into or out of the United States ``(a) Criminal Offense.-- ``(1) In general.--Whoever, with the intent to evade a currency reporting requirement under section 5316 or 5316A, knowingly conceals more than $10,000 in currency or other monetary instruments, or any tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds, on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency, other monetary instruments, or tangible mechanism from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b). ``(2) Concealment on person.--For purposes of this section, the concealment of currency, other monetary instruments, or tangible mechanisms on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual. ``(b) Penalty.-- ``(1) Term of imprisonment.--A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years. ``(2) Forfeiture.--In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property. ``(3) Procedure.--The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act. ``(4) Personal money judgment.--If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture. ``(c) Civil Forfeiture.-- ``(1) In general.--Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and forfeited to the United States. ``(2) Procedure.--The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(3) Treatment of certain property as involved in the offense.--For purposes of this subsection and subsection (b), any currency, other monetary instrument, or tangible mechanism that constitutes, or together with a personal identification number, code, or other input comprises, a means of access to funds or the value of funds that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency, other monetary instrument, or tangible mechanism, and any other property used, or intended to be used to facilitate the offense (including the funds or value of funds accessible by such tangible mechanism at the time of the offense), shall be considered property involved in the offense.''.

Anti-Cash Smuggling Act of 2010 - Directs the Secretary of the Treasury to require reports concerning means of access to funds or the value of funds belonging or credited to a person, including electronic means and prepaid or stored cards (but not debit or credit cards). Requires such reports to be filed when a person: (1) transports, is about to transport, or has transported a means of access to funds or the value of funds from a place in the United States to or through a place outside the United States, or to a place in the United States from or through a place outside the United States; or (2) receives a means of access to funds or the value of funds transported into the United States from or through a place outside the United States. Authorizes either the Secretary of the Treasury or the Secretary of Homeland Security (DHS) to apply to a court for a search warrant upon a reasonable belief that: (1) a monetary instrument or a tangible mechanism that constitutes a means of access to funds or the value of funds is being transported; and (2) a required report has not been filed or contains a material omission or misstatement. Authorizes a customs officer to stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States. Subjects violations of this Act to criminal and civil forfeiture. Revises penalties and procedures regarding smuggling of cash, monetary instruments, and means of access to funds or the value of funds into or out of the United States.

To amend title 31, United States Code, to include means of access to funds or the value of funds in certain records and reports on monetary instrument transactions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Volume Motor Vehicle Manufacturers Act of 2014''. SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME MANUFACTURERS. Section 30114 of title 49, United States Code, is amended-- (1) by striking ``The'' and inserting ``(a) Vehicles Used for Particular Purposes.--The''; and (2) by adding at the end the following new subsection: ``(b) Exemption for Low Volume Manufacturers.-- ``(1) In general.--The Secretary shall-- ``(A) exempt from specified standards not more than 1,000 replica motor vehicles per year that are manufactured or imported by a low volume manufacturer; ``(B) exempt from specified standards not more than 50 non-replica motor vehicles per year that are manufactured or imported by a single low volume manufacturer by requiring each low volume manufacturer to have evidence of a sales contract to be eligible for the exemption; and ``(C) permit a low volume manufacturer to assign vehicle identification numbers. ``(2) Cap on non-replica motor vehicles exemptions.--The Secretary may not provide exemptions for more than 1,000 non- replica motor vehicles per year under paragraph (1)(B). The Secretary shall provide a fair and reasonable method for annually recording and publicly reporting such exemptions. ``(3) Exception.--Except as provided in this subsection, a low volume manufacturer shall be considered a motor vehicle manufacturer for purposes of subtitle VI of this title. ``(4) Registration requirement.--To qualify for an exemption under paragraph (1), a low volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. ``(5) Permanent label requirement.-- ``(A) In general.--The Secretary shall require a low volume manufacturer to affix a permanent label-- ``(i) to a motor vehicle exempted under paragraph (1) that identifies the specified standards from which such vehicle is exempt; and ``(ii) to a replica motor vehicle exempted under paragraph (1)(A), that designates the model year such vehicle replicates. ``(B) Written notice.--The Secretary may require a low volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to-- ``(i) the dealer; and ``(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale. ``(C) Reporting requirement.--A low volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A). ``(6) Notification, recall, and remedy requirements.--If a motor vehicle has any defects related to motor vehicle safety or any nonconformities regarding any standards other than specified standards, a low volume manufacturer of such vehicle is subject to all notification, recall, and remedy requirements set forth in sections 30116 through 30120A of this title. ``(7) Definitions.--In this subsection: ``(A) Low volume manufacturer.--The term `low volume manufacturer' means a motor vehicle manufacturer whose annual worldwide production is not more than 5,000 motor vehicles. ``(B) Non-replica motor vehicle.--The term `non- replica motor vehicle' means any motor vehicle produced by a low volume manufacturer that is not a replica motor vehicle. ``(C) Replica motor vehicle.--The term `replica motor vehicle' means a motor vehicle produced by a low volume manufacturer and that-- ``(i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and ``(ii) is subject to being manufactured under trademark or trade dress or design patent license, if such exists, from the original manufacturer or its assignee that is the current owner of an active, valid, and subsisting trademark registration or patent as indicated in the records of the United States Patent and Trademark Office for the non- functional and ornamental portions of the motor vehicle that is intended to be replicated. ``(D) Specified standard.--The term `specified standard' means-- ``(i) any motor vehicle standard or obligation described in any of sections 30112(a), 32304, 32502, or 32902 of this title, or in section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232); and ``(ii) does not include any standard promulgated under section 30112(a) applicable to motor vehicle equipment.''. SEC. 3. VEHICLE COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR VEHICLE MANUFACTURERS. Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended-- (1) in section 206(a) by adding at the end the following new paragraph: ``(5)(A) A motor vehicle engine (including all engine emission controls) from a motor vehicle that has been granted a certificate of conformity by the Administrator, or an engine that has been granted an Executive order subject to regulations promulgated by the California Air Resources Board, may be installed in an exempted specially produced motor vehicle, if-- ``(i) the manufacturer of the engine supplies written instructions explaining how to install the engine and maintain functionality of the engine's emission control system and the on-board diagnostic system (commonly known as `OBD II'), except with respect to evaporative emissions diagnostics; ``(ii) the producer of the exempted specially produced motor vehicle installs the engine in accordance with such instructions; and ``(iii) the installation instructions include emission control warranty information from the engine manufacturer in compliance with section 207, including where warranty repairs can be made, emission control labels to be affixed to the vehicle, and the certificate of conformity number for the applicable vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(B) A motor vehicle containing an engine compliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of section 202 applicable to new vehicles manufactured or imported in the model year in which the exempted specially produced motor vehicle is assembled. ``(C) Engine installations that are not performed in accordance with installation instructions provided by the manufacturer and alterations to the engine not in accordance with the installation instructions shall be treated as prohibited acts by the installer under section 203 and subject to penalties under section 205. ``(D) The producer of an exempted specially produced motor vehicle that has an engine compliant with the requirements of subparagraph (A) shall provide to the purchaser of such vehicle all information received by the producer from the engine manufacturer, including information regarding emissions warranties from the engine manufacturer and all emissions- related recalls by the engine manufacturer. ``(E) To qualify to install an engine under this paragraph, a producer of exempted specially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appropriate. The producer shall submit an annual report to the Administrator that includes-- ``(i) a description of the exempted specially produced motor vehicles produced and engines installed in such vehicles; and ``(ii) the certificate of conformity number issued to the motor vehicle in which the engine was originally intended or the applicable Executive order number for the engine. ``(F) Exempted specially produced motor vehicles compliant with this paragraph shall be exempted from-- ``(i) motor vehicle certification testing that might otherwise be required under section 206; and ``(ii) vehicle emission control inspection and maintenance programs required under section 110. ``(G) A producer of exempted specially produced motor vehicles that is compliant with subparagraphs (A) through (E) of this paragraph is not considered a manufacturer for the purposes of this Act.''; and (2) in section 216 by adding at the end the following new paragraph: ``(12) Exempted specially produced motor vehicle.--The term `exempted specially produced motor vehicle' means a replica motor vehicle or non-replica motor vehicle that is exempt from specified standards as defined in section 30114(b) of title 49, United States Code.''. SEC. 4. IMPLEMENTATION. Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall issue such regulations as may be necessary to implement sections 2 and 3 of this Act, respectively.

Low Volume Motor Vehicle Manufacturers Act of 2014 - Directs the Secretary of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards (except any standard relating to motor vehicle equipment) up to: (1) 1,000 replica motor vehicles per year manufactured or imported by a low volume manufacturer, and (2) 50 non-replica motor vehicles per year manufactured or imported by a single low volume manufacturer that has evidence of a sales contract. Defines the term "low volume manufacturer" to mean a motor vehicle manufacturer who annually produces no more than 5,000 motor vehicles worldwide. Directs the Secretary to permit manufacturers to assign vehicle identification numbers. Requires manufacturers to register with the Secretary to qualify for an exemption. Directs the Secretary to require a manufacturer to affix a permanent label to: (1) an exempt non-replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt, and (2) an exempt replica motor vehicle that designates the model year that vehicle replicates. Subjects low-volume manufacturers to all federal motor vehicle safety defect notification, recall, and remedy requirements if a particular motor vehicle has any defects related to motor vehicle safety or any nonconformities regarding any standards other than specified standards. Amends the Clean Air Act to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica or non-replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle that has been issued a certificate of conformity with Environmental Protection Administration (EPA) emission control standards if certain requirements are met.

To direct the National Highway Traffic Safety Administration to establish a program allowing low volume motor vehicle manufacturers to produce a limited number of vehicles annually within a regulatory system that addresses the unique safety and financial issues associated with limited production, and to direct the Environmental Protection Agency to allow low volume motor vehicle manufacturers to install engines from vehicles that have been issued certificates of conformity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Research Act of 2007''. SEC. 2. ADVANCED RESEARCH PROJECTS ADMINISTRATION-ENERGY. (a) Establishment.--There is established the Advanced Research Projects Administration-Energy (referred to in this section as ``ARPA- E''). (b) Goals.--The goals of ARPA-E are to reduce the quantity of energy the United States imports from foreign sources and to improve the competitiveness of the United States economy by-- (1) promoting revolutionary changes in the critical technologies that would promote energy competitiveness; (2) turning cutting-edge science and engineering into technologies for energy and environmental application; and (3) accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to-- (A) reduce energy use; (B) decrease the reliance of the United States on foreign energy sources; and (C) improve energy competitiveness. (c) Director.-- (1) In general.--ARPA-E shall be headed by a Director (referred to in this section as the ``Director'') appointed by the President. (2) Positions at level v.--Section 5316 of title 5, United States Code, is amended by adding at the end the following: ``Director, Advanced Research Projects Administration- Energy.''. (d) Duties.-- (1) In general.--In carrying out this section, the Director shall award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities (which may include federally funded research and development centers) to achieve the goal described in subsection (b) through acceleration of-- (A) energy-related research; (B) development of resultant techniques, processes, and technologies, and related testing and evaluation; and (C) demonstration and commercial application of the most promising technologies and research applications. (2) Small-business concerns.--The Director shall carry out programs established under this section, to the maximum extent practicable, in a manner that is similar to the Small Business Innovation Research Program established under section 9 of the Small Business Act (15 U.S.C. 638) to ensure that small- business concerns are fully able to participate in the programs. (e) Personnel.-- (1) Program managers.-- (A) Appointment.--The Director shall appoint employees to serve as program managers for each of the programs that are established to carry out the duties of ARPA-E under this section. (B) Duties.--Program managers shall be responsible for-- (i) establishing research and development goals for the program, as well as publicizing goals of the program to the public and private sectors; (ii) soliciting applications for specific areas of particular promise, especially areas for which the private sector cannot or will not provide funding; (iii) selecting research projects for support under the program from among applications submitted to ARPA-E, based on-- (I) the scientific and technical merit of the proposed projects; (II) the demonstrated capabilities of the applicants to successfully carry out the proposed research project; and (III) such other criteria as are established by the Director; and (iv) monitoring the progress of projects supported under the program. (2) Other personnel.-- (A) In general.--Subject to subparagraph (B), the Director shall appoint such employees as are necessary to carry out the duties of ARPA-E under this section. (B) Limitations.--The Director shall appoint not more than 250 employees to carry out the duties of ARPA-E under this section, including not less than 180 technical staff, of which-- (i) not less than 20 staff shall be senior technical managers (including program managers designated under paragraph (1)); and (ii) not less than 80 staff shall be technical program managers. (3) Experimental personnel authority.--In appointing personnel for ARPA-E, the Director shall have the hiring and management authorities described in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note). (4) Maximum duration of employment.-- (A) Program managers and senior technical managers.-- (i) In general.--Subject to clause (ii), a program manager and a senior technical manager appointed under this subsection shall serve for a term not to exceed 4 years after the date of appointment. (ii) Extensions.--The Director may extend the term of employment of a program manager or a senior technical manager appointed under this subsection for not more than 4 years through 1 or more 2-year terms. (B) Technical program managers.--A technical program manager appointed under this subsection shall serve for a term not to exceed 6 years after the date of appointment. (5) Location.--The office of an officer or employee of ARPA-E shall not be located in the headquarters of the Department of Energy. (f) Transactions Other Than Contracts and Grants.-- (1) In general.--To carry out projects through ARPA-E, the Director may enter into transactions (other than contracts, cooperative agreements, and grants) to carry out advanced research projects under this section under similar terms and conditions as the authority is exercised under section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)). (2) Peer review.--Peer review shall not be required for 75 percent of the research projects carried out by the Director under this section. (g) Prizes for Advanced Technology Achievements.--The Director may carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that have the potential for application to the performance of the mission of ARPA-E under similar terms and conditions as the authority is exercised under section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396). (h) Coordination of Activities.--The Director-- (1) shall ensure that the activities of ARPA-E are coordinated with activities of Department of Energy offices and outside agencies; and (2) may carry out projects jointly with other agencies. (i) Report.--Not later than September 30, 2008, the Director shall submit to Congress a report on the activities of ARPA-E under this section, including a recommendation on whether ARPA-E needs an energy research laboratory. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $300,000,000 for fiscal year 2008; (2) $600,000,000 for fiscal year 2009; (3) $1,100,000,000 for fiscal year 2010; (4) $1,500,000,000 for fiscal year 2011; and (5) $2,000,000,000 for fiscal year 2012.

Energy Research Act of 2007 - Establishes the Advanced Research Projects Administration - Energy (ARPA-E) to reduce foreign energy imports and to improve the competitiveness of the U.S. economy by: (1) promoting revolutionary changes in the critical technologies that would promote energy competitiveness; (2) turning cutting-edge science and engineering into technologies for energy and environmental application; and (3) accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to reduce energy use. Requires the ARPA-E Director to award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities (which may include federally funded research and development centers). Requires the Director to implement such programs in a manner similar to the Small Business Innovation Research Program in order to ensure that small-business concerns are fully able to participate in the programs. Authorizes the Director to carry out a program to award cash prizes in recognition of outstanding achievements with potential application to the mission of ARPA-E.

A bill to establish an Advanced Research Projects Administration-Energy to initiate high risk, innovative energy research to improve the energy security of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring Start Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Neglect, hunger, abuse, and other forms of trauma present significant challenges to young children's learning and social-emotional development. (2) Trauma-informed and trauma-sensitive caregiving is an ideal targeted intervention for vulnerable children who experience trauma. (3) A child's development relies significantly on the development of executive function skills, including cognitive flexibility, self-regulation, and effortful control and attention. (4) Focusing on these skills, even though they are not obviously academic, is critical in order to improve children's long-term outcomes. (5) Providing high-quality early childhood education can protect young children from some of the most adverse effects of poverty, enable their healthy development, strengthen their health, and reduce or mediate toxic stress responses to adverse experiences. (6) Robust support, professional development, and specialized training for the early education and care workforce is essential to providing a high-quality early education to every child. SEC. 3. AMENDMENTS. Section 648 of the Head Start Act (42 U.S.C. 9843) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (A)-- (i) in clause (ii) by striking ``and'' at the end, (ii) in clause (iii) by striking ``and'' at the end, and (iii) by adding at the end the following: ``(iv) activities that support the implementation of evidence-based trauma- informed practices, age-appropriate positive behavioral interventions and supports, early childhood mental health consultation, and prevention of suspension and expulsion; and ``(v) activities that appropriately increase the level of coordination between Head Start agencies and other programs that serve very young children, in order to increase the general quality, availability, and reliability of services provided; and'', (B) in subparagraph (B)-- (i) in clause (xv) by striking ``and'' at the end, (ii) in clause (xvi) by striking the period at the end and inserting ``; and'', and (iii) by adding at the end the following: ``(xvii) assist Head Start agencies in adopting evidence-based approaches to best identify and serve children whose experiences have elicited a toxic stress response.'', (2) in subsection (b)(2)-- (A) in subparagraph (F) by striking ``and'' at the end, (B) in subparagraph (G) by striking the period at the end and inserting a semicolon, and (C) by adding at the end the following: ``(H) in evidence-based trauma-informed practices, as well as early childhood mental health consultation and age-appropriate positive behavioral interventions and supports; and ``(I) in helping children who have experienced, or are experiencing, trauma or toxic stress.'', and (3) in subsection (d)(1)-- (A) in subparagraph (G) by striking ``and children under 3 years of age, where applicable'' and inserting ``children who experience trauma, and children under 3 years of age, especially for whom such experiences have caused a toxic stress response, including appropriate training and professional development on evidence-based trauma-informed practices and early childhood mental health consultation'', (B) by redesignating subparagraph (I) as subparagraph (J), and (C) by inserting after subparagraph (H) the following: ``(I) Activities designed to prevent suspension and expulsion and to increase utilization of age- appropriate positive behavioral interventions and supports.''.

Caring Start Act of 2015 This bill amends the Head Start Act to require that in providing and allocating resources for training and technical assistance, the Department of Health and Human Services (HHS) give priority consideration to activities that: support the implementation of evidence-based trauma-informed practices, age-appropriate positive behavioral interventions and supports, early childhood mental health consultation, and prevention of suspension and expulsion; and increase coordination between Head Start agencies and other programs that serve very young children. Such assistance must also, to the maximum extent practicable, assist Head Start agencies in adopting evidence-based approaches to best identify and serve children whose experiences have elicited a toxic stress response. (Toxic stress response can result from strong or prolonged adversity without adequate adult support.) HHS shall fund personnel training in: evidence-based trauma-informed practices, as well as early childhood mental health consultation and age-appropriate positive behavioral interventions and supports; and helping children who are victims of trauma or toxic stress.

Caring Start Act of 2015

SECTION 1. INDIRECT SUPPORT. (a) In General.--For the purpose of enhancing the availability of private financing for clean energy technology deployment, the Secretary of Energy may-- (1) provide credit support to portfolios of taxable debt obligations originated by State, local, and private sector entities that enable owners and users of buildings and industrial facilities to-- (A) significantly increase the energy efficiency of such buildings or facilities; or (B) install systems that individually generate electricity from renewable energy resources and have a capacity of no more than 2 megawatts; (2) facilitate financing transactions in tax equity markets and long-term purchasing of clean energy by State, local, and nongovernmental not-for-profit entities, to the degree and extent that the Secretary of Energy determines such financing activity is appropriate and consistent with carrying out the purpose described in subsection (b); and (3) provide credit support to portfolios of taxable debt obligations originated by State, local, and private sector entities that enable the deployment of energy storage applications for electric drive vehicles, stationary applications, and electricity transmission and distribution. (b) Purpose.--The purpose of this program is to promote access to affordable financing for accelerated and widespread deployment of-- (1) clean energy technologies; (2) advanced or enabling energy infrastructure technologies; and (3) energy efficiency technologies in residential, commercial, and industrial applications, including end-use efficiency in buildings. (c) Definitions.--For purposes of the section: (1) Clean energy technology.--The term ``clean energy technology'' means a technology related to the production, use, transmission, storage, control, or conservation of energy-- (A) that will contribute to a stabilization of atmospheric greenhouse gas concentrations thorough reduction, avoidance, or sequestration of energy- related emissions and-- (i) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States; or (ii) diversify the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; and (B) for which, as determined by the Administrator, insufficient commercial lending is available at affordable rates to allow for widespread deployment. (2) Credit support.--The term ``credit support'' means-- (A) direct loans, letters of credit, loan guarantees, and insurance products; and (B) the purchase or commitment to purchase, or the sale or commitment to sell, debt instruments (including subordinated securities). (3) Direct loan.--The term ``direct loan'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (4) Loan guarantee.--The term ``loan guarantee'' has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (5) Renewable energy resource.--The term ``renewable energy resource'' means each of the following: (A) Wind energy. (B) Solar energy. (C) Geothermal energy. (D) Renewable biomass. (E) Biogas derived exclusively from renewable biomass. (F) Biofuels derived exclusively from renewable biomass. (G) Hydropower. (H) Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211). (d) Transparency.--The Secretary of Energy shall seek to foster through its credit support activities-- (1) the development and consistent application of standard contractual terms, transparent underwriting standards and consistent measurement and verification protocols, as applicable; and (2) the creation of performance data that promotes effective underwriting and risk management to support lending markets and stimulate the development of private investment markets. (e) Exempt Securities.--All securities insured or guaranteed by the Secretary of Energy shall, to the same extent as securities that are direct obligations of or obligations guaranteed as to the principal or interest by the United States, be considered to be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.

Authorizes the Secretary of Energy, for the purpose of enhancing the availability of private financing for clean energy technology development, to provide credit support and facilitate financing transactions to enable owners and users of buildings and industrial facilities to increase energy efficiency and generate electricity from renewable energy resources. Defines "clean energy technology" to include technology that contributes to a stabilization of atmospheric greenhouse gas concentration and for which insufficient commercial lending is available at affordable rates.

To authorize the Secretary of Energy to provide credit support to enhance the availability of private financing for clean energy technology deployment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Organ Donor Job Security Act''. SEC. 2. LEAVE FOR LIVING ORGAN DONATION. (a) Leave Requirement.-- (1) Non-federal employees.--Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following new subparagraph: ``(F) In order to provide a living organ donation, including time spent for-- ``(i) tests used to determine whether the eligible employee is medically suitable for live organ donation; ``(ii) physical, psychological, and social evaluations of the live donor; ``(iii) pretransplant outpatient services; ``(iv) postoperative inpatient and outpatient transplantation services; ``(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and ``(vi) recuperation consistent with the type of transplant performed.''. (2) Federal employees.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following new subparagraph: ``(E) In order to provide a living organ donation, including time spent for-- ``(i) tests used to determine whether the eligible employee is medically suitable for live organ donation; ``(ii) physical, psychological, and social evaluations of the live donor; ``(iii) pretransplant outpatient services; ``(iv) postoperative inpatient and outpatient transplantation services; ``(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and ``(vi) recuperation consistent with the type of transplant performed.''. (b) Certification.-- (1) Non-federal employees.--The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is further amended by striking ``section 102(a)(1)(D)'' and inserting ``subparagraph (D) or (F) of section 102(a)(1)'' in the following sections, respectively: (A) Section 103(b)(4)(B) (29 U.S.C. 2613(b)(4)(B)). (B) Section 104(c)(3)(A)(ii) (29 U.S.C. 2614(c)(3)(A)(ii)). (2) Federal employees.--Section 6383(b)(4)(B) of title 5, United States Code is amended by striking ``section 6382(a)(1)(D)'' and inserting ``subparagraph (D) or (E) of section 6382(a)(1)''. (c) Conforming Amendments.-- (1) Non-federal employees.--The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is further amended-- (A) by striking ``(C) or (D)'' each place it appears and inserting ``(C), (D), or (F)'' in-- (i) section 102(b) (1) and (2) (29 U.S.C. 2612(b) (1) and (2)); (ii) section 102(e)(2) (29 U.S.C. 2612(e)(2)); (iii) section 103(c)(1) (29 U.S.C. 2613(c)(1)); (iv) section 104(c)(2)(B)(i) (29 U.S.C. 2614(c)(2)(B)(i)); and (v) section 108(c)(1) (29 U.S.C. 2618(c)(1)); (B) by inserting ``(including living organ donation)'' after ``planned medical treatment'' in-- (i) section 102(b)(2) and (e)(2) (29 U.S.C. 2612(b)(2) and (e)(2)); (ii) section 103(b)(5) (29 U.S.C. 2613(b)(5)); and (iii) section 108(c)(1) (29 U.S.C. 2618(c)(1)), in the matter preceding subparagraph (A); and (C) in section 104(a)(4) (29 U.S.C. 2614(a)(4)), by striking ``section 102(a)(1)(D)'' and inserting ``subparagraph (D) or (F) of section 102(a)(1)''. (2) Federal employees.--Title 5, United States Code, is further amended-- (A) by striking ``(C) or (D)'' each place it appears and inserting ``(C), (D), or (E)'' in-- (i) section 6382(b)(2) and (e)(2); and (ii) section 6383(a); (B) in section 6382(d), by striking ``or (D)'' and inserting ``(D), or (E)''; (C) in section 6383(b)(5), by inserting ``(including living organ donation)'' after ``planned medical treatment''; and (D) in section 6384(d), by striking ``section 6382(a)(1)(D)'' and inserting ``subparagraph (D) or (E) of section 6382(a)(1)''.

Living Organ Donor Job Security Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to entitle employees covered by FMLA to leave to provide a living organ donation, including for time spent for: (1) tests to determine medical suitability of the employee for donation; (2) physical, psychological, and social evaluations of the donor; (3) pretransplant outpatient services; (4) postoperative inpatient and outpatient transplantation services; (5) travel in connection with such tests, evaluations, and services; and (6) recuperation. Amends federal civil service law to entitle civilian federal employees the same leave allowance.

To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow leave for individuals who provide living organ donations.

s Described.--For purposes of subsection (a)(1), a joint resolution is described in this paragraph if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That the Congress approves the proposal of the President, submitted on ____, in response to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on ____, to seek the fundamental reform of the dispute settlement system at the WTO and the rights and obligations of WTO member countries under that system, and authorizes and directs the United States Trade Representative to undertake negotiations to achieve such fundamental reform in accordance with the plan'', the first blank space being filled with the date the President submits the proposal, and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 212(b) which has given rise to the joint resolution. (c) Procedural Provisions.-- (1) In general.--The requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and the Congress adopts and transmits the joint resolution to the President. (2) Presidential veto.--In any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the last day of the 30-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction.-- (A) Time.--A joint resolution to which this section applies may be introduced at any time on or before the date that is 90 days after the President submits the plan described in subsection (a). (B) Any member may introduce.--A joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures.-- (A) General rule.--Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to a joint resolution described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report or discharge of committee.--If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees.--It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rule for house.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 215. PARTICIPATION IN WTO PANEL PROCEEDINGS. (a) In General.--If the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks-- (1) to enforce United States rights under a multilateral trade agreement, or (2) to defend a challenged action or determination of the United States Government, a private United States person that is supportive of the United States Government's position before the panel or Appellate Body and that has a direct economic interest in the panel's or Appellate Body's resolution of the matters in dispute shall be permitted to participate in consultations and panel proceedings. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person. (b) Access to Information.--The United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential. (c) Participation in Dispute Settlement Proceeding.--Upon request from a person described in subsection (a), the United States Trade Representative shall-- (1) consult in advance with such person regarding the content of written submissions from the United States to the dispute settlement panel or Appellate Body concerned or to the other member countries involved; (2) include, where appropriate, such person or the appropriate representative of such person as an advisory member of the delegation in sessions of the dispute settlement panel or Appellate Body; (3) allow such special delegation member, where such member would bring special knowledge to the proceeding, to appear before the panel or Appellate Body, directly or through counsel, under the supervision of responsible United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel as a member of the special delegation. Subtitle C--Negotiating Objectives of the United States and Reform of Dispute Settlement Proceedings SEC. 221. REFORM OF DISPUTE SETTLEMENT PROCEEDINGS. (a) Negotiations Regarding Reform of the WTO Dispute Settlement Proceedings.--The United States Trade Representative shall follow the principal negotiating objectives set forth in subsection (b) regarding reform of the WTO dispute settlement proceedings and pursue those objectives through all possible means, including negotiations to carry out the 4th World Trade Organization Ministerial held in Doha, Qatar in November 2001. (b) Negotiating Objectives.--The principal negotiating objectives set forth in this subsection are as follows: (1) Deference to member country's trade laws.--A principal negotiating objective of the United States is to amend Article 11 of the Dispute Settlement Understanding to require that in reviewing a determination involving a trade remedy or safeguard law of a WTO member country, a dispute settlement panel or the Appellate Body shall set aside the determination only if the determination is not supported by substantial evidence or is expressly contrary to the applicable Uruguay Round Agreement. (2) Creating a secretariat.--A principal negotiating objective of the United States is the establishment of a Secretariat in the Dispute Settlement Body who shall be responsible for selecting for nomination individuals to serve on dispute settlement panels and for providing individuals selected with technical support. (3) Elimination of participation by government officials.-- A principal negotiating objective of the United States is to amend the Dispute Settlement Understanding to prohibit any individual employed by the government of a WTO member country from serving on a panel or on the Appellate Body. (4) Third party participation.--A principal negotiating objective of the United States is to establish procedures to provide for the general acceptance of amicus curiae submissions from interested outside parties by dispute settlement panels and the Appellate Body. (5) Public access to dispute settlement proceedings.--A principal negotiating objective of the United States is to establish more open and transparent dispute settlement proceedings, by-- (A) allowing public access to proceedings before dispute settlement panels and the Appellate Body, and to arbitration meetings; (B) making nonconfidential submissions and written statements of oral presentations available to the public; (C) providing timely access to final reports of dispute settlement panels; and (D) maintaining in a central location for nonconfidential documents relating to dispute settlement proceedings and making those documents publicly available. (c) Report.--Not later than 60 days before reaching an agreement involving a negotiating objective described in subsection (b), the Trade Representative shall report to Congress regarding the progress made in achieving the objective and the details of any agreement. SEC. 222. ETHICS REQUIREMENTS. (a) In General.--The United States shall not agree to the appointment or reappointment of any individual to the Appellate Body or to the WTO panel roster until the WTO establishes and implements the reporting requirements described in subsection (b). (b) Reporting Requirements.--An individual may not serve on a panel or the Appellate Body without first submitting in writing the following information: (1) Information regarding any interest, relationship, or matter that is likely to affect the individual's independence or impartially or that might reasonably create an appearance of impropriety or an apprehension of bias in the matter being considered before the panel or Appellate Body. (2) Information regarding financial or personal interest the individual has in, or related to, the matter before the panel or Appellate Body. (3) Current and previous employment history and information regarding any financial or personal interest an employer, business associate, or family member may have in the matter before the panel or Appellate Body. (4) Information regarding the individual's relationship with any government entity or official involved in the matter before the panel or Appellate Body. (5) Any position papers prepared by the individual or public advocacy of the individual relating to the matter or issue before the panel or Appellate Body. (c) Availability to WTO Member Countries.--The information required by subsection (b) shall be made available to WTO member countries and the Trade Representative shall make the information available to persons described in section 215(a) under an appropriately drawn protective order designed to protect confidential information.

Stand With American Workers Act - Amends the Trade Act of 1974 to: (1) declare that the United States Trade Representative (USTR) is the primary government official responsible for dispute settlement proceedings before the World Trade Organization (WTO) that involve the United States; and (2) designate a Deputy USTR to oversee dispute settlement proceedings involving the United States before the WTO, including negotiations regarding Understanding on Rules and Procedures Governing the Settlement of Disputes. Amends the Uruguay Round Agreements Act to modify procedural guidelines for dispute settlement panels. Establishes the World Trade Organization Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the WTO in proceedings initiated by other parties to the WTO that are adverse to the United States and that are adopted by the Dispute Settlement Body; and (2) upon the request of the USTR or specified congressional officials, any other report of a dispute settlement panel or the Appellate Body that is adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or Appellate Body: (1) exceeded its authority or its terms of reference; (2) added to the obligations or diminished the rights of the United States under the Uruguay Round Agreement that is the subject of the report; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified in the applicable Uruguay Round Agreement; (4) deviated from the applicable standard of review; and (5) if it makes an affirmative determination on these matters, further determine whether the action of the panel or Appellate Body materially affected the outcome of its report. Requires the President, if the Commission makes three such affirmative determinations in a five-year period, to submit to Congress a proposal for the fundamental reform of the dispute settlement system at the WTO and the rights and obligations of WTO member countries under that system, and a plan on how to achieve such reform. Declares that, until a joint resolution is enacted approving the President's proposal and authorizing the USTR to negotiate for such fundamental reform, "fast-track" requirements of the Trade Act of 1974 for congressional implementation of trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries, and the trade authorities procedures provided for in the Bipartisan Trade Promotion Authority Act of 2002, shall cease to apply to implementing bills (except those implementing trade agreements for reduction of foreign tariffs). Prescribes expedited procedures for congressional handling of such a joint resolution. Permits a private US person that is supportive of the US Government's position and has a direct economic interest in the panel's or Appellate Body's resolution of matters in dispute to participate in dispute settlement proceedings. Cites principal negotiating objectives to be pursued by the USTR regarding reform of dispute settlement proceedings. States that the United States shall not agree to the appointment or reappointment of any individual to the Appellate Body or to the WTO panel roster until the WTO establishes and implements specified reporting requirements.

A bill to improve United States litigation efforts at the WTO, establish a WTO Dispute Settlement Review Commission, promote reform of the WTO dispute settlement process, and for other purposes.

SECTION 1. SHORT TITLE. The Act may be cited as the ``State and Local Funding Flexibility Act''. SEC. 2. FLEXIBILITY TO USE FEDERAL FUNDS. (a) In General.--Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305 et seq.) is amended to read as follows: ``Subpart 2--Funding Flexibility for State and Local Educational Agencies ``SEC. 6121. SHORT TITLE. ``This subpart may be cited as the `State and Local Funding Flexibility Act'. ``SEC. 6122. PURPOSE. ``The purpose of this subpart is to allow States and local educational agencies the flexibility to-- ``(1) design flexible programs that use Federal funds to support student achievement for all students, including students most at risk of failing to meet the State's academic achievement standards; and ``(2) extend and enhance the funding flexibility provided to rural local educational agencies under section 6211 to all State educational agencies and local educational agencies by providing such agencies flexibility in using Federal formula funds received to carry out authorized State or local activities for other authorized or required State or local activities. ``SEC. 6123. FLEXIBILITY TO USE FEDERAL FUNDS. ``(a) Alternative Uses of Federal Funds for State Educational Agencies.-- ``(1) In general.--Subject to subsections (c) and (d) and notwithstanding any other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions: ``(A) Section 1003. ``(B) Section 1004. ``(C) Subpart 1 of part B of title I. ``(D) Part C of title I. ``(E) Part D of title I. ``(F) Part A of title II. ``(G) Part B of title II. ``(H) Title III. ``(I) Part B of title IV. ``(J) Part A of title V. ``(K) Subpart 1 of part A of title VI. ``(L) Subpart 2 of part B of title VI. ``(M) Subpart 2 of part A of title VII. ``(2) Notification.--Not later than June 1 of each year, a State educational agency shall notify the Secretary of the State educational agency's intention to use the applicable funding for any of the alternative uses under paragraph (1). ``(3) Applicable funding defined.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `applicable funding' means funds provided to carry out State activities under one or more of the following provisions: ``(i) Section 1003(g)(2). ``(ii) Section 1004. ``(iii) Subpart I of Part B of title I. ``(iv) Part C of title I. ``(v) Part D of title I. ``(vi) Part A of title II. ``(vii) Part B of title II. ``(viii) Part A of title III. ``(ix) Part B of title IV. ``(x) Part A of title V. ``(xi) Title I of Public Law 111-226. ``(B) Limitation.--In this subsection, the term `applicable funding' does not include funds provided under any of the provisions listed in subparagraph (A) that State educational agencies are required by this Act-- ``(i) to reserve, allocate, or spend for required activities; ``(ii) to allot or award to local educational agencies or other entities eligible to receive such funds; or ``(iii) to use for technical assistance or monitoring. ``(4) Disbursement.--The Secretary shall disburse the applicable funding to State educational agencies for alternative uses under paragraph (1) for a fiscal year at the same time as the Secretary disburses the applicable funding to State educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(b) Alternative Uses of Federal Funds for Local Educational Agencies.-- ``(1) In general.--Subject to subsections (c) and (d) and notwithstanding any other provision of law, a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions: ``(A) Section 1003. ``(B) Part A of title I. ``(C) Subpart 1 of part B of title I. ``(D) Part C of title I. ``(E) Part D of title I. ``(F) Part A of title II. ``(G) Part B of title II. ``(H) Part A of title III. ``(I) Part B of title IV. ``(J) Part A of title V. ``(K) Subpart 2 of part B of title VI. ``(L) Part A of title VII. ``(M) Section 613(f) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(f)). ``(2) Notification.--A local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding for any of the alternative uses under paragraph (1) by a date that is established by the State educational agency for the notification. ``(3) Applicable funding defined.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `applicable funding' means funds provided to carry out local activities under one or more of the following provisions: ``(i) Part A of title I. ``(ii) Part C of title I. ``(iii) Part D of title I. ``(iv) Part A of title II. ``(v) Part A of title III. ``(vi) Part A of title V. ``(vii) Part A of title VII. ``(viii) Title I of Public Law 111-226. ``(B) Limitation.--In this subsection, the term `applicable funding' does not include funds provided under any of the provisions listed in subparagraph (A) that local educational agencies are required by this Act-- ``(i) to reserve, allocate, or spend for required activities; ``(ii) to allot or award to entities eligible to receive such funds; or ``(iii) to use for technical assistance or monitoring. ``(4) Disbursement.--Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under paragraph (1) for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. ``(c) Rule for Administrative Costs.--A State educational agency or a local educational agency may only use applicable funding (as defined in subsection (a)(3) or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1) or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs with respect to a program listed in subsection (a)(3) or (b)(3), respectively. ``(d) Rule of Construction.--Nothing in this section shall be construed to relieve a State educational agency or local educational agency of any requirements relating to-- ``(1) maintenance of effort; ``(2) use of Federal funds to supplement, not supplant, non-Federal funds; ``(3) comparability of services; ``(4) equitable participation of private school students and teachers; ``(5) applicable civil rights requirements; ``(6) the selection of school attendance areas or schools under subsections (a) and (b), and allocations to such areas or schools under subsection (c), of section 1113; ``(7) section 1111; ``(8) section 1116; or ``(9) section 3122.''. (b) Conforming Amendment.--The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking the items relating to subpart 2 of part A of title VI and inserting the following: ``Subpart 2--Funding Flexibility for State and Local Educational Agencies ``Sec. 6121. Short title. ``Sec. 6122. Purpose. ``Sec. 6123. Flexibility to use Federal funds.''.

State and Local Funding Flexibility Act - Amends part A of title IV (Flexibility and Accountability) of the Elementary and Secondary Education Act of 1965 (ESEA) to replace the existing program under subpart 2 with a new Funding Flexibility for State and Local Educational Agencies program. Allows states to use funds that they receive under certain ESEA and Education Jobs Fund programs to carry out state activities authorized or required under the following ESEA programs: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; Language Instruction for Limited English Proficient and Immigrant Students programs, under title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V; Accountability programs, under subpart 1 of part A of title VI; the Rural and Low-Income School program, under subpart 2 of part B of title VI; and Special Programs and Projects to Improve Educational Opportunities for Indian Children, under subpart 2 of part A of title VII. Lists the programs from which states may transfer funds as: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V of the ESEA; and Education Jobs Fund programs. Allows local educational agencies (LEAs) to use funds that they receive under certain ESEA and Education Jobs Fund programs to carry out local activities authorized or required under the following programs: school improvement programs, under part A of title I; the Reading First program, under subpart 1 of part B of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the Mathematics and Science Partnerships program, under part B of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; the 21st Century Community Learning Centers program, under part B of title IV; Innovative programs, under part A of title V; the Rural and Low-Income School program, under subpart 2 of part B of title VI; and Indian Education programs, under part A of title VII of the ESEA; and the Early Intervening Services program, under the Individuals with Disabilities Education Act. Lists the programs from which LEAs may transfer funds as: school improvement programs, under part A of title I; the Education of Migratory Children program, under part C of title I; Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk, under part D of title I; the Teacher and Principal Training and Recruiting Fund program, under part A of title II; the English Language Acquisition, Language Enhancement, and Academic Achievement Act program, under part A of title III; Innovative programs, under part A of title V; Indian Education programs, under part A of title VII of the ESEA; and Education Jobs Fund programs. Prohibits states and LEAs from transferring the funds to such programs if the ESEA requires them to: (1) reserve, allocate, or spend the funds for required activities; (2) provide them to eligible entities; or (3) use them for technical assistance or monitoring.

To amend the Elementary and Secondary Education Act of 1965 to provide States and local educational agencies with maximum flexibility in using Federal funds provided under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Barriers to Learning Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) Interventions to increase students' bonding to school promote academic success by reducing barriers to learning. (2) Interventions that foster students' engagement in school have been shown to reduce high school dropout rates. (3) Interventions that strengthen students' social, emotional, and decision-making skills also positively impact their academic achievement, both in terms of higher standardized test scores and better grades. (4) Prevention and early intervention programs that target elementary school-aged students who are academically and socially at risk have been shown to produce declines in special education referrals and placement, suspension, grade retention, and disciplinary referrals. (5) Students with barriers to learning, such as low levels of resilience assets (such as high expectations and caring relationships at school), have lower levels of academic achievement both in low- and high-performing schools. (6) Increasing students' engagement and sense of community in the school produces reductions in problem behaviors, increased associations with prosocial peers, and better academic performance. (7) School mental health programs improve educational outcomes by decreasing absences and discipline referrals and improving test scores. (8) Students who receive social-emotional support and prevention services achieve better academically in school. (9) While it is well recognized that mental health directly affects children's learning and development, in a recent study one-third of school districts reported decreased funding for school mental health services at the same time that two-thirds reported increased need for such services. (10) School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. (11) 70 percent of children receiving services from speech- language pathologists make progress in emergent literacy skills, and 75 percent make progress in word recognition, an important component of literacy skills; over two-thirds of classroom teachers report that students receiving these services show improved reading skills in the classroom. (12) Use of creative arts therapies (including art therapy, dance/movement therapy, and music therapy) promote learning and skill acquisition (including enhanced literacy skills), increased attention, improved behavior, increased socialization, improved receptive/expressive language, self- expression, and a more positive attitude for learning. (13) 97 percent of children in the United States spend their days at school. Therefore, the school can be an important site where health and education risks (such as depression, absenteeism, and substance use) may be identified and timely interventions initiated. (14) Whole-school interventions using positive behavior support have been shown to decrease behavior problems while improving academic performance, as measured by standardized tests in reading and mathematics. (15) Branches of Federal agencies need to re-evaluate policies aimed at enhancing school-based mental health and become more proactive in providing leadership to achieve integrated, collaborative, and effective programs aimed at improving the mental health of America's children. (16) 20 percent of the 53 million children attending school in the United States will, at some point, meet the criteria for a diagnosable mental illness at a level of impairment that requires some type of intervention. Thus, there is the potential that over 10 million children will need some type of help to meet the goals relating to emotional well-being in the No Child Left Behind Act of 2001. (17) More than three-quarters of schools have a coordinator of mental health and social services in the school; nearly two- thirds of school districts have a coordinator who serves this role; and one-half of the States have a coordinator of school mental health and social services. However, there is currently no person responsible for overseeing or promoting these services and supports in the Department of Education. SEC. 3. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. (a) In General.--The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended by redesignating sections 219 and 220 as sections 220 and 221, respectively, and by inserting after section 218 the following new section: ``SEC. 219. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. ``(a) Establishment.--There shall be, in the Department, an Office of Specialized Instructional Support Services (referred to in this section as the `Office'). ``(b) Director.-- ``(1) Appointment and reporting.--The Office shall be under the direction of the Director of Specialized Instructional Support Services who shall be appointed by the Secretary and who shall report directly to the Deputy Secretary. ``(2) Functions.--The Director of Specialized Instructional Support Services, through the Office, shall carry out the following activities: ``(A) Improve specialized instructional support services in schools in order to better address barriers to student learning and improve academic achievement and educational results for students. ``(B) Identify scientifically-based practices in specialized instructional support services that effectively address barriers to education and improve both academic achievement and educational results for students. ``(C) Provide continuous training and professional development opportunities for specialized instructional support services personnel and other personnel in the use of effective techniques to address academic, behavioral, and functional needs. ``(D) Provide technical assistance to State specialized instructional support coordinators, if any, as well as to local and State educational agencies in the provision of effective, scientifically-based specialized instructional support services. ``(E) Coordinate specialized instructional support services programs and services in schools between the Department and other Federal agencies, as appropriate.''. (b) Clerical Amendment.--The table of contents for such Act is amended by redesignating the items relating to sections 219 and 220 as relating to sections 220 and 221, respectively, and by inserting after the item relating to section 218 the following new item: ``Sec. 219. Office of Specialized Instructional Support Services.''. SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES TO REDUCE BARRIERS TO LEARNING. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by redesignating part I as part J and by inserting after part H the following new part: ``PART I--REDUCED BARRIERS TO LEARNING ``SEC. 1901. PURPOSES. ``The purposes of this part are-- ``(1) to build the capacity of States to identify and respond to the need for specialized instructional support services at the district level in order to promote student success for all students; ``(2) to promote comprehensive and coordinated delivery of services within and across Federal, State, and local educational agencies and in collaboration with available community agencies supports and services; ``(3) to promote evidenced-based practices that have demonstrated effectiveness in reducing barriers to learning and improving student outcomes; ``(4) to monitor the access, use, availability, and adequacy of resources, services, and personnel designed to specifically address barriers to learning at the district and individual school level; ``(5) to assist in the recruitment, retention, and adequate staffing of specialized instructional support services to meet the needs of students experiencing barriers to learning at the district and individual school level; and ``(6) to improve shared accountability for student outcomes by all school personnel. ``SEC. 1902. GRANTS TO STATE EDUCATIONAL AGENCIES. ``(a) Grants.-- ``(1) In general.--The Secretary may award competitive grants under this part to State educational agencies-- ``(A) to establish or expand specialized instructional support services and programs at the State level that are designed to provide technical assistance, and coordinate and support specialized instructional support services and programs, for the purpose of addressing barriers to learning within local educational agencies and individual schools; and ``(B) to hire and support specialized instructional support services coordinators to provide such assistance, coordination, and support. ``(2) Barriers to learning.--For purposes of this part, the term `barriers to learning' include any social, emotional, behavioral, physical, environmental, or academic factor that substantially interferes with a student's ability to achieve academically at proficient levels and successfully complete high school. Such factors may include acute or transitional factors such as family conflict, homelessness, geographic relocation, grief and loss, emotional stress, mental or physical illness, or mild learning problems, and more chronic or severe factors commonly associated with a disability. ``(b) Priority.--In awarding grants under this section, the Secretary shall give priority to applications that demonstrate-- ``(1) the greatest financial need based upon the number of students identified as requiring specialized instructional support services and programs in order to overcome barriers to learning and academic achievement; ``(2) the greatest need based upon the limited amount of resources, services, or personnel (within local educational agencies and individual schools) available to specifically address barriers to learning and academic achievement; and ``(3) the greatest potential for program sustainability following the completion of the grant's duration. ``(c) Matching Requirement.--To be eligible to receive a grant under this section, a State educational agency shall provide non- Federal matching funds equal to not less than 50 percent of the amount of the grant. ``(d) Duration.--Grants under this section shall be awarded for a period of not more than 5 years. ``(e) Administrative Costs.--A State educational agency that receives a grant under this part may reserve not more than 15 percent of the grant funds for administrative expenses. ``(f) Supplement; Not Supplant.--Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. ``SEC. 1903. STATE APPLICATIONS. ``(a) In General.--Each State educational agency seeking a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(b) Contents.--Each application for a grant under this section shall also describe-- ``(1) the needs of the State in meeting the purposes of this part; ``(2) if a State intends to hire a specialized instructional support services coordinator, the qualifications of the specialized instructional support services coordinators demonstrating that personnel are knowledgeable and experienced in school systems, operations, and the specific role and function of specialized instructional support services; ``(3) the specific leadership activities to be performed by the coordinators in order to address such purposes; ``(4) the school population to be targeted for services by the specialized instructional support services; ``(5) the specific student outcomes expected as a result of delivering these services; ``(6) the adequacy of staffing as compared to student needs for specialized instructional support services personnel, especially personnel representing diverse cultural populations; ``(7) the proposed strategies for recruiting and retaining specialized instructional support services personnel, including professional development, mentoring, and hiring incentives; ``(8) the methods to be used to evaluate the outcomes and effectiveness of the program; and ``(9) how the State and local educational agencies will involve community groups, social service agencies, and other public and private entities in coordinated, collaborative efforts to reduce barriers to learning. ``SEC. 1904. EVALUATION AND REPORTING. ``(a) In General.--The Secretary shall evaluate the programs assisted under this part. ``(b) Reporting.--Not later than 3 years after grants are awarded under this part to the State educational agencies, the Secretary shall make publicly available a report-- ``(1) detailing the results of the Secretary's evaluation of each program assisted pursuant to a grant under this part; ``(2) demonstrating how each State educational agency receiving a grant under this part reduced barriers to learning for students; and ``(3) demonstrating how each State educational agency receiving a grant under this part improved the coordination and collaboration of specialized instructional support services at the local and individual school level and with community groups, social services agencies, or other public or private service agencies working to reduce barriers to learning. ``SEC. 1905. AUTHORIZATIONS. ``There are authorized to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.''. (b) References to Public Services and Personnel.-- (1) The Elementary and Secondary Education Act of 1965 is amended-- (A) by striking ``pupil services'' each place it appears in sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4), and 4152(2) and inserting ``specialized instructional support services'', and (B) by striking ``pupil services personnel'' each place it appears and inserting ``specialized instructional support personnel''. (2) Paragraph (36) of section 9101 of such Act (20 U.S.C. 7801) is amended to read as follows: ``(36) Specialized instructional support personnel; specialized instructional support services.-- ``(A) Specialized instructional support personnel.--The term `specialized instructional support personnel' means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. ``(B) Specialized instructional support services.-- The term `specialized instructional support services' means the services provided by specialized instructional support personnel.''. (c) Clerical Amendments.-- (1) Sections 1901 through 1908 of part J of title I of the Elementary and Secondary Education Act of 1965 (as redesignated by subsection (a)) are redesignated as sections 1921 through 1928, respectively. (2) The table of contents for the Elementary and Secondary Education Act of 1965 is amended by striking the items relating to part I of title I and inserting the following new items: ``Part I--Reduced Barriers to Learning ``Sec. 1901. Purposes. ``Sec. 1902. Grants to State educational agencies. ``Sec. 1903. State applications. ``Sec. 1904. Evaluation and reporting. ``Sec. 1905. Authorizations. ``Part J--General Provisions ``Sec. 1921. Federal regulations. ``Sec. 1922. Agreements and records. ``Sec. 1923. State administration. ``Sec. 1924. Local educational agency spending audits. ``Sec. 1925. Prohibition against Federal mandates, direction, or control. ``Sec. 1926. Rule of construction on equalized spending. ``Sec. 1927. State report on dropout data. ``Sec. 1928. Regulations for sections 1111 and 1116.''. (3) Section 1922 of such Act, as redesignated by paragraph (1), is amended by striking ``1901'' and inserting ``1921''. (4) Paragraph (11) of section 1111(c) of such Act is amended by striking ``1903(b)'' and inserting ``1923(b)''.

Reducing Barriers to Learning Act of 2007 - Amends the Department of Education Organization Act to create an Office of Specialized Instructional Support Services within the Department of Education to improve specialized instructional support services in schools. Amends the Elementary and Secondary Education Act of 1965 to establish a Reduced Barriers to Learning program authorizing the Secretary of Education to award competitive matching grants to states to: (1) establish or expand specialized instructional support services and programs at the state level that are designed to provide technical assistance, coordination, and support to specialized instructional support services and programs that address barriers to learning within local educational agencies and individual schools; and (2) to hire and support specialized instructional support services coordinators to provide such assistance, coordination, and support. Replaces pupil services and pupil services personnel with specialized instructional support services and specialized instructional support personnel. Defines such services as those provided by school counselors, social workers, psychologists, and other qualified professionals that provide assessment, diagnosis, counseling, educational, therapeutic, and other necessary services as part of a comprehensive program to meet student needs.

To establish an Office of Specialized Instructional Support Services in the Department of Education and to provide grants to State educational agencies to reduce barriers to learning.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding American Families and Expanding Social Security Act of 2015''. SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2015. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2015.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2016, 80 percent; ``(B) for 2017 through 2019, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and ``(C) for 2020 and each year thereafter, 0 percent. ``(2) Included and excluded service.--For purposes of this chapter, if''. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended-- (A) in subsection (a)(1)(I)-- (i) by inserting ``and before 2016'' after ``1974''; and (ii) by inserting ``and'' after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: ``(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2015 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;''; and (C) by adding at the end the following new subsection: ``(l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be equal to-- ``(1) for 2016, 80 percent; ``(2) for 2017 through 2019, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and ``(3) for 2020 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2015. (b) Determination of Taxable Self-Employment Income Above Contribution and Benefit Base After 2015.-- (1) Amendments to the internal revenue code of 1986.-- Section 1402 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(1), by striking ``that part of the net earnings'' and all that follows through ``minus'' and inserting the following: ``an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and''; and (B) in subsection (d)-- (i) by striking ``(d) Employee and Wages.-- The term'' and inserting the following: ``(d) Rules and Definitions.-- ``(1) Employee and wages.--The term''; and (ii) by adding at the end the following: ``(2) Applicable percentage of net earnings from self- employment in determining taxable self-employment income.--For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(A) for 2016, 80 percent; ``(B) for 2017 through 2019, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points; and ``(C) for 2020 and each year thereafter, 0 percent.''. (2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 411) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(I)-- (I) by striking ``or'' after the semicolon; and (II) by inserting ``and before 2016'' after ``1974''; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: ``(2) For any taxable year beginning in any calendar year after 2015, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between-- ``(A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and ``(B) the amount of the wages paid to such individual during such taxable year; or''; and (B) by adding at the end the following: ``(l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(1) for 2016, 80 percent; ``(2) for 2017 through 2019, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points; and ``(3) for 2020 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2015. SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.-- (1) In general.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (A) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (B) in clause (ii), by striking ``and'' at the end; (C) in clause (iii), by adding ``and'' at the end; and (D) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. (2) Bend point adjustment.--Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in any calendar year after 2020, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by-- ``(I) for calendar year 2021, 1 percent; ``(II) for each of calendar years 2022 through 2034, the percent determined under this clause for the preceding year increased by 1 percentage point; and ``(III) for calendar year 2035 and each year thereafter, 15 percent.''. (b) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2020. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after June 30 of the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR SOCIAL SECURITY BENEFITS. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 5(a) of the Safeguarding American Families and Expanding Social Security Act of 2015,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of the Social Security Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2016.

Safeguarding American Families and Expanding Social Security Act of 2015 This bill amends the Internal Revenue Code to prescribe special rules for the determination of taxable wages and self-employment income above the contribution and benefit base after 2015. Title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSAct) is amended to include surplus average indexed monthly earnings in the determination of primary OASDI amounts. The Bureau of Labor Statistics of the Department of Labor shall prepare and publish the Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age for purposes of an old-age, wife's, or husband's insurance benefit. SSAct title II is also amended to make the CPI-EC the applicable Consumer Price Index for computation of cost-of-living increases in OASDI benefits for such individuals.

Safeguarding American Families and Expanding Social Security Act of 2015

AND MEDIATION PROGRAM AUTHORIZED. (a) In General.--The Secretary of Education is authorized to make grants to local educational agencies to provide assistance to schools served by the agency that are most directly affected by conflict and violence. (b) Model Project.--The Secretary shall develop a written model for conflict resolution and mediation written within 90 days and make such model available to any local educational agency that requests such information. (c) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out the projects under this Act. SEC. 4. USE OF FUNDS. Grants made by the Secretary under this Act shall be used to develop programs for conflict resolution and mediation for students, teachers, and other personnel in regular contact with students at school. SEC. 5. ELIGIBLE APPLICANTS. (a) In General.--In order to be eligible to receive a grant under this Act for any fiscal year, a local educational agency shall submit an application to the Secretary in such form and containing such information as the Secretary may reasonably require. (b) Requirements.--Each application under subsection (a) shall include-- (1) a request for funds for the purposes described in section 2(b); (2) information about the schools and communities to be served by the grant, including the nature of the conflict and violence problems within and around the schools; (3) statistical information in such form and containing such information that the Secretary may require regarding conflict and violence within such schools and surrounding communities; and (4) assurances that Federal funds received under this Act shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this Act. (c) Comprehensive Plan.--Each application shall include a comprehensive plan that shall contain-- (1) a description of the conflict and violence problems within the schools served by the local educational agency and surrounding community targeted for assistance; (2) a description of the resources available in the community to help implement the plan together with a description of the areas in the plan that cannot be filled with existing resources; and (3) a description of the system the applicant will establish to prevent and reduce ongoing conflict and violence problems. SEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. (a) Administrative Cost Limitation.--The Secretary shall use not more than 5 percent of the funds available under this Act for the purposes of administration and technical assistance. (b) Renewal of Grants.--A grant under this Act may be renewed for not more than 2 additional years after the first fiscal year during which the recipient receives an initial grant under this Act, subject to the availability of funds, if-- (1) the Secretary determines that the funds made available to the recipient during the previous year were used in a manner required under the approved application; and (2) the Secretary determines that an additional grant is necessary to implement the violence prevention program described in the comprehensive plan as required by section 5(c). SEC. 7. AWARD OF GRANTS. (a) Selection of Recipients.--The Secretary shall consider the following factors in awarding grants to local educational agencies: (1) Conflict and violence problem.--The nature and scope of the violence problem in the targeted schools. (2) Need and ability.--Demonstrated need and evidence of the ability to provide the services described in the plan required under section 5(c). (3) Population.--The number of students to be served by the plan required under section 5(c). (b) Geographic Distribution.--The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. SEC. 8. REPORTS. (a) Reports.--Local educational agencies that receive funds under this Act shall submit to the Secretary a detailed report not later than March 1 of each year that describes progress achieved in carrying out the plan required under section 5(c). (b) Report to Congress.--The Secretary shall submit to the Congress a report by October 1 of each year in which grants are made available under this Act which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under section 5(b)(3), and an evaluation of programs established under this Act. SEC. 9. DEFINITIONS. For the purpose of this Act: (1) The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``Secretary'' means the Secretary of Education.

Conflict Resolution and Mediation Act of 2009 - Authorizes the Secretary of Education to award grants to local educational agencies (LEAs) for the development and implementation of conflict resolution and mediation programs for students, teachers, and other school personnel at their schools most directly affected by conflict and violence. Directs the Secretary to develop a written model for conflict resolution and mediation and make such model available to any LEA that requests it.

To provide assistance to local educational agencies for the prevention and reduction of conflict and violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Independent Federal Judiciary Act of 2003''. SEC. 2. SALARY ADJUSTMENTS. (a) Restoration of Statutory Cost-of-Living Adjustments.--The annual salaries for justices and judges are the following: (1) Chief Justice of the Supreme Court, $211,300. (2) Associate Justices of the Supreme Court, $202,100. (3) Judges, Court of Appeals, $174,600. (4) Judges, Court of Military Appeals, $174,600. (5) Judges, District Court, $164,700. (6) Judges, Court of Federal Claims, $164,700. (7) Judges, Court of International Trade, $164,700. (8) Judges, Tax Court, $164,700. (9) Judges, Bankruptcy, $151,524. (b) Effective Date.--This section shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act. SEC. 3. REPEAL OF ANNUAL CONGRESSIONAL AUTHORIZATION FOR COST OF LIVING ADJUSTMENT. Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is repealed. SEC. 4. SURVIVOR BENEFITS UNDER JUDICIAL SYSTEM AND OTHER SYSTEMS. (a) Creditable Years of Service.--Section 376 of title 28, United States Code, is amended-- (1) in subsection (k)(3), by striking the colon through ``this section''; and (2) in subsection (r), by striking the colon through ``other annuity''. (b) Notification Period for Survivor Annuity Coverage.-- (1) In general.--Section 376 (a)(1) of title 28, United States Code, is amended in the matter following subparagraph (G) by striking ``six months'' and inserting ``1 year''. (2) Effective date.--This subsection shall take effect on the date of enactment of this Act and apply only to written notifications received by the Director of the Administrative Office of the United States Courts after the dates described under clause (i) or (ii) in the matter following subparagraph (G) of section 376 (a)(1) of title 28, United States Code. SEC. 5. CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION. (a) Appointments.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the President shall appoint members to the Citizens' Commission on Public Service and Compensation under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.). (2) Membership.--Section 225(b) of the Federal Salary Act of 1967 (2 U.S.C. 352) is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) The Commission shall be composed of 11 members, who shall be appointed from private life by the President. No more than 6 members of the Commission may be affiliated with the same political party.''; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively. (3) Quadrennial application.--Section 225(b)(8)(B) of the Federal Salary Act of 1967 (2 U.S.C. 352(8)(B)), is amended in the first sentence by striking ``1993'' each place that term appears and inserting ``2006'' in each such place. (b) Report.--The Citizens' Commission on Public Service and Compensation shall prepare a report in accordance with section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.) with respect to fiscal year 2003 and every fourth fiscal year thereafter. SEC. 6. JUDICIAL EDUCATION FUND. (a) Establishment.--Chapter 42 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 630. Judicial Education Fund ``(a) In this section, the term-- ``(1) `institution of higher education' has the meaning given under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(2) `private judicial seminar'-- ``(A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges; and ``(B) does not include-- ``(i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; ``(ii) seminars that last 1 day or less and are conducted by national bar associations or State or local bar associations for the benefit of the bar association membership; or ``(iii) seminars of any length conducted by, and on the campus of an institute of higher education or by national bar associations or State or local bar associations, where a judge is a presenter and at which judges constitute less than 25 percent of the participants; ``(3) `national bar association' means a national organization that is open to general membership to all members of the bar; and ``(4) `State or local bar association' means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. ``(b) There is established within the United States Treasury a fund to be known as the `Judicial Education Fund' (in this section referred to as the `Fund'). ``(c) Amounts in the Fund may be made available for the payment of necessary expenses, including reasonable expenditures for transportation, food, lodging, private judicial seminar fees and materials, incurred by a judge or justice in attending a private judicial seminar approved by the Board of the Federal Judicial Center. Necessary expenses shall not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the private judicial seminar. Any payment from the Fund shall be approved by the Board. ``(d) The Board may approve a private judicial seminar after submission of information by the sponsor of that private judicial seminar that includes-- ``(1) the content of the private judicial seminar (including a list of presenters, topics, and course materials); and ``(2) the litigation activities of the sponsor and the presenters at the private judicial seminar (including the litigation activities of the employer of each presenter) on the topic related to those addressed at the private judicial seminar. ``(e) If the Board approves a private judicial seminar, the Board shall make the information submitted under subsection (d) relating to the private judicial seminar available to judges and the public by posting the information on the Internet. ``(f) The Judicial Conference shall promulgate guidelines to ensure that the Board only approves private judicial seminars that are conducted in a manner so as to maintain the public's confidence in an unbiased and fair-minded judiciary. ``(g) There are authorized to be appropriated for deposit in the Fund $2,000,000 for each of fiscal years 2003, 2004, and 2005, to remain available until expended.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 42 of title 28, United States Code, is amended by adding at the end the following: ``630. Judicial Education Fund.''. SEC. 7. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED. (a) Definitions.--In this section, the term-- (1) ``institution of higher education'' has the meaning given under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); (2) ``private judicial seminar''-- (A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges; and (B) does not include-- (i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; (ii) seminars that last 1 day or less and are conducted by national bar associations or State or local bar associations for the benefit of the bar association membership; or (iii) seminars of any length conducted by, and on the campus of an institute of higher education or by national bar associations or State or local bar associations, where a judge is a presenter and at which judges constitute less than 25 percent of the participants. (3) ``national bar association'' means a national organization that is open to general membership to all members of the bar; and (4) ``State or local bar association'' means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. (b) In General.--Not later than 240 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations to apply section 7353(a) of title 5, United States Code, to prohibit the solicitation or acceptance of anything of value in connection with a private judicial seminar. (c) Exception.--The prohibition under the regulations promulgated under subsection (b) shall not apply if-- (1) the judge participates in a private judicial seminar as a speaker, panel participant, or otherwise presents information; (2) Federal judges are not the primary audience at the private judicial seminar; and (3) the thing of value accepted is-- (A) reimbursement from the private judicial seminar sponsor of reasonable transportation, food, or lodging expenses on any day on which the judge speaks, participates, or presents information, as applicable; (B) attendance at the private judicial seminar on any day on which the judge speaks, participates, or presents information, as applicable; or (C) anything excluded from the definition of a gift under regulations of the Judicial Conference of the United States under sections 7351 and 7353 of title 5, United States Code, as in effect on the date of enactment of this Act. SEC. 8. RECUSAL LISTS. Section 455 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) Each justice, judge, and magistrate of the United States shall maintain a list of all financial interests that would require disqualification under subsection (b)(4). ``(2) Each list maintained under paragraph (1) shall be made available to the public at the office of the clerk for the court at which a justice, judge, or magistrate is assigned.''. SEC. 9. AVOIDING IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES. In accordance with the Code of Conduct for United States Judges, a judge must avoid all impropriety and appearance of impropriety. The prohibition against behaving with impropriety applies to both the professional and personal conduct of a judge. Therefore, a judge should not hold membership in any organization, except for religious or fraternal organizations, that practices discrimination on the basis of race, gender, religion, or national origin.

Fair and Independent Federal Judiciary Act of 2003 - Increases salaries for justices of the Supreme Court and for district court and other specified judges. Repeals Federal law that requires specific congressional authorization for salary increases for Federal judges and Supreme Court justices.Modifies provisions regarding survivor annuity benefits, including to increase the notification period for survivor annuity coverage for a judge of the U.S. Court of Federal Claims.Directs the President to appoint members to the Citizens' Commission on Public Service and Compensation pursuant to the Federal Salary Act of 1967.Amends the Federal judicial code to: (1) establish within the Treasury a Judicial Education Fund for the payment of necessary expenses incurred by a judge or justice in attending a private judicial seminar approved by the Board of the Federal Judicial Center; and (2) require each justice, judge, and magistrate of the United States to maintain a list (to be made available to the public) of all financial interests that would require disqualification.Directs the Judicial Conference of the United States to promulgate regulations to prohibit the solicitation or acceptance of anything of value in connection with a private judicial seminar, with exceptions.Requires a judge to avoid all impropriety and appearance of impropriety. Makes the prohibition against behaving with impropriety applicable to both the professional and personal conduct of a judge. Prohibits a judge from holding membership in any organization, except for religious or fraternal organizations, that practices discrimination on the basis of race, gender, religion, or national origin.

A bill to provide for the fair treatment of the Federal judiciary relating to compensation and benefits, and to instill greater public confidence in the Federal courts.

SECTION 1. EDUCATION SCHOLARS BLOCK GRANT PROGRAM. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``Subpart 9--Education Scholars Block Grant Program ``SEC. 420G. SHORT TITLE; PURPOSE; AUTHORIZATION OF APPROPRIATIONS. ``(a) Short Title.--This subpart may be cited as the `Teacher Investment Act'. ``(b) Purpose.--It is the purpose of this subpart-- ``(1) to attract more of our Nation's most academically gifted students into teaching careers in elementary and secondary education; ``(2) to retain in teaching our Nation's best teachers who have demonstrated promise in, and a commitment to, a teaching career; ``(3) to increase the public status of a teaching career in elementary and secondary education; ``(4) to address the anticipated shortage of teachers in the next several decades; and ``(5) to provide States with the flexibility to integrate State teacher education initiatives with Federal teacher scholarship support. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 1998 and each of the 4 succeeding fiscal years. ``SEC. 420H. SCHOLARSHIP AUTHORIZED. ``(a) Program Authority.--The Secretary may award grants to States from allotments under section 420I to enable the States to provide scholarships to individuals who-- ``(1)(A) have completed at least half of the academic credit requirements for graduation from an institution of higher education with a bachelor's degree, or with a graduate degree that prepares the individual for licensure or certification as an elementary school or secondary school teacher; ``(2) are admitted to or enrolled in an institution of higher education; ``(3) have demonstrated outstanding academic achievement while enrolled in an institution of higher education; and ``(4) are committed to becoming or remaining elementary school or secondary school teachers. ``(b) Period of Award.--A State shall determine the scholarship period, except that a scholarship recipient shall not receive a scholarship award for more than 2 years of study at any institution of higher education. ``SEC. 420I. ALLOTMENT AMONG STATES. ``(a) Allocation Formula.--From the sums appropriated pursuant to the authority of section 420G(c) for any fiscal year, the Secretary shall allot to each State that has an agreement under section 420J an amount equal to $5,000 multiplied by the number of scholarships determined by the Secretary to be available to such State in accordance with subsection (b). ``(b) Number of Scholarships Available.--The number of scholarships to be made available in a State for any fiscal year shall bear the same ratio to the number of scholarships made available to all States as the State's population ages 5 through 17 bears to the population ages 5 through 17 in all the States, except that not less than 10 scholarships shall be made available to any State. ``(c) Use of Census Data.--For the purpose of this section, the population ages 5 through 17 in a State and in all the States shall be determined by the most recently available data from the Bureau of the Census that the Secretary determines is satisfactory. ``SEC. 420J. STATE AGREEMENTS. ``The Secretary shall enter into an agreement with each State desiring to participate in the scholarship program under this subpart. Each such agreement shall include provisions to ensure that-- ``(1) the State educational agency will administer the program in the State; ``(2) the State educational agency will comply with the provisions of this subpart; ``(3) the State educational agency will conduct outreach activities to publicize the availability of the scholarships to all eligible postsecondary students in the State, with particular emphasis on activities designed to ensure that students from low-income and moderate-income families have access to the information regarding the opportunity for full participation in the program; and ``(4) the State educational agency will pay to each individual in the State who is awarded a scholarship the cost of tuition and fees at an institution of higher education for a year, except that such payment shall not exceed $5,000. ``SEC. 420K. SELECTION OF EDUCATION SCHOLARS. ``(a) Establishment of Criteria.--The State educational agency shall establish the criteria for selection of scholars. Such criteria shall-- ``(1) fulfill the purpose of the subpart in accordance with a State's projected elementary school and secondary school teaching needs and priorities; and ``(2) require a scholarship recipient to have demonstrated outstanding academic achievement and a commitment to a teaching career, as determined by the State educational agency. ``(b) Limitations.--In awarding scholarships under this subpart, the State educational agency shall provide-- ``(1) not less than 75 percent of the scholarships to individuals who do not possess a bachelor's degree; and ``(2) not more than 25 percent of the scholarships to individuals who are pursuing a graduate degree. ``(c) Consultation Requirement.--In carrying out this subpart, the State educational agency shall consult with school administrators, school boards, teachers, and counselors. ``SEC. 420L. AWARD AMOUNT; SCHOLARSHIP CONDITIONS. ``(a) Award Amount.--Each individual awarded a scholarship under this subpart shall receive an award for the cost of tuition and fees at an institution of higher education of not more than $5,000 for an academic year of study. ``(b) Conditions.--Each State educational agency receiving a grant under this subpart shall establish procedures to ensure that each scholarship recipient-- ``(1) pursues a course of study at an institution of higher education; ``(2) maintains a 3.0 grade point average on a 4.0 scale; and ``(3) enters into an agreement to teach in accordance with section 420M(a). ``SEC. 420M. SCHOLARSHIP AGREEMENT; REPAYMENT PROVISIONS. ``(a) Scholarship Agreement.--Each recipient of a scholarship under this subpart shall enter into an agreement with the State educational agency under which the recipient shall-- ``(1) within the 2-year period after completing the education for which the scholarship was awarded, teach for a period of 2 years as an elementary school or secondary school teacher in the State served by the State educational agency; ``(2) provide the State educational agency with evidence of compliance, determined pursuant to regulations promulgated by the Secretary, with the provisions of paragraph (1); and ``(3) repay all or part of the scholarship award received in accordance with subsection (b) in the event the conditions of paragraph (1) are not complied with, except as provided by section 420N. ``(b) Repayment Provisions.--A recipient of a scholarship found by the State educational agency to be in noncompliance with the agreement entered into under subsection (a) shall be required to repay to the State educational agency a pro rata amount of such scholarship assistance received, plus interest, at the rate of 8 percent or the rate applicable to loans in the applicable period under part B of this title, whichever is lower, and where applicable, reasonable collection fees, on a schedule to be prescribed by the Secretary pursuant to regulations promulgated under this subpart. ``SEC. 420N. EXCEPTIONS TO REPAYMENT PROVISIONS. ``(a) Deferral During Certain Periods.--A scholarship recipient shall not be considered in violation of the agreement entered into pursuant to section 420M(a) during any period in which the recipient-- ``(1) is pursuing a full-time course of study related to the field of teaching at an institution of higher education; ``(2) is serving, not in excess of 3 years, as a member of the Armed Forces; ``(3) is temporarily totally disabled for a period of time not to exceed 3 years as established by the sworn affidavit of a qualified physician; ``(4) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; ``(5) is seeking and unable to find full-time employment for a single period not to exceed 12 months; or ``(6) satisfies the provisions of additional repayment exceptions that may be prescribed by the Secretary in regulations promulgated under this subpart. ``(b) Forgiveness if Permanently Totally Disabled.--A recipient shall be excused from repayment of any scholarship assistance received under this subpart if the recipient becomes permanently and totally disabled as established by the sworn affidavit of a qualified physician. ``SEC. 420O. CONSTRUCTION OF NEEDS PROVISIONS. ``Except as provided in section 471, nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs analysis in connection with the awarding of any grant or the making of any loan under this Act or any other provision of Federal law relating to education assistance.''.

Teacher Investment Act - Amends the Higher Education Act of 1965 to establish the Education Scholars Block Grant Program. Authorizes appropriations. Authorizes the Secretary of Education to award such grants to States according to an allotment formula. Requires the use of such grant funds to provide scholarships to individuals who: (1) have completed at least half of the academic credit requirements for graduation from an institution of higher education with a bachelor's degree, or with a graduate degree that prepares the individual for licensure or certification as an elementary school or secondary school teacher; (2) are admitted to or enrolled in an institution of higher education; (3) have demonstrated outstanding academic achievement while enrolled in an institution of higher education; and (4) are committed to becoming or remaining elementary school or secondary school teachers. Requires States to determine the scholarship period, but prohibits a scholarship recipient from receiving a scholarship award for more than two years of study at any institution of higher education. Sets forth requirements for: (1) agreements between the Secretary and State educational agencies (SEAs) desiring to participate in the scholarship program; and (2) SEA establishment of criteria for selection of education scholars. Requires an SEA to provide at least 75 percent of the scholarships to undergraduates and not more than 25 percent to graduate students. Limits individual scholarship awards to not more than $5,000 for an academic year of study. Requires each scholarship recipient to agree to: (1) teach for a period of two years as an elementary school or secondary school teacher in the State, within the two-year period after completing the education for which the scholarship was awarded; or (2) repay all or part of the scholarship award in the event of noncompliance, with specified exceptions. Excludes such scholarships from any needs analysis relating to other Federal education assistance.

Teacher Investment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collegiate Learning and Student Savings Act''. SEC. 2. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529(b)(1) of the Internal Revenue Code of 1986 (defining qualified State tuition program) is amended by inserting ``or by 1 or more eligible educational institutions or a consortium that consists solely of eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (b) Private Qualified Tuition Programs Limited to Benefit Plans.-- Clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``in the case of a program established and maintained by a State or agency or instrumentality thereof'' before ``may make''. (c) Conforming Amendments.-- (1) The text and headings of each of the sections 72(e)(9), 135(c)(2(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of the Internal Revenue Code of 1986 is amended by striking ``qualified State tuition'' each place it appears and inserting ``qualified tuition''. (2)(A) The section heading of section 529 of such Code is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.''. (B) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by striking ``State''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS. (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.-- ``(i) In general.--If a distributee elects the application of this clause for any taxable year-- ``(I) no amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(II) the amount which (but for the election) would be includible in gross income under subparagraph (A) by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as such expenses bear to such aggregate distributions. ``(ii) In-kind distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iii) Disallowance of excluded amounts as credit or deduction.--No deduction or credit shall be allowed to the taxpayer under any other section of this chapter for any qualified higher education expenses to the extent taken into account in determining the amount of the exclusion under this subparagraph.''. (b) Beneficiary May Change Program.--Section 529(c)(3)(C) of the Internal Revenue Code of 1986 (relating to change in beneficiaries) is amended-- (1) in clause (i), by inserting ``to another qualified tuition program for the benefit of the designated beneficiary or'' after ``transferred'', and (2) in the heading, by inserting ``or programs'' after ``beneficiaries. (c) Additional Tax on Amounts Not Used for Higher Education Expenses.--Section 529(c)(3) of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following: ``(E) Additional tax on amounts not used for higher education expenses.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts.''. (d) Coordination With Education Credits.--Section 25A(e)(2) of the Internal Revenue Code of 1986 (relating to coordination with exclusions) is amended-- (1) by inserting ``a qualified tuition program or'' before ``an education individual retirement account'', and (2) by striking ``section 530(d)(2)'' and inserting ``section 529(c)(3)(B) or 530(d)(2)''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to distributions made after December 31, 1999, for education furnished in academic periods beginning after such date. (2) Private programs.--In the case of a qualified tuition program established and maintained by an entity other than a State or agency or instrumentality thereof, the amendments made by subsections (a), (c), and (d) shall apply to distributions made after December 31, 2003, for education furnished in academic periods beginning after such date. SEC. 4. QUALIFIED TUITION PROGRAMS INCLUDED IN SECURITIES EXEMPTION. (a) Exempted Securities.--Section 3(a)(4) of the Securities Act of 1933 (15 U.S.C. 77c(a)(4)) is amended by striking ``individual;'' and inserting ``individual or any security issued by a prepaid tuition program described in section 529 of the Internal Revenue Code of 1986;''. (b) Qualified Tuition Programs Not Investment Companies.--Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is amended by adding at the end the following: ``(15) Any prepaid tuition program described in section 529 of the Internal Revenue Code of 1986.''.

Collegiate Learning and Student Savings Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs; and (2) exclude from gross income such program distributions used for qualified higher education expenses. Amends the Investment Company Act of 1940 to exempt qualified tuition programs from the definition of an investment company.

Collegiate Learning and Student Savings Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Incentive Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) a severe to extreme drought affected approximately 15 percent of the contiguous United States as of the end of April 2004, (2) about 32 percent of the contiguous United States fell in the moderate to extreme drought categories at the end of April 2004, (3) the Colorado River system is facing the worst drought on record, (4) the drought throughout the western United States could persist for up to another 30 years, (5) growing populations and changing values have increased demands on water supplies and river systems, resulting in water use and management conflicts throughout the country, particularly in the West, where the population is expected to increase at least 30 percent in the next 20-25 years, and (6) unless highly efficient water usage practices can be developed and maintained in the West, it will not be possible to provide the water needed to sustain western ecosystems, as well as population growth. SEC. 3. REFUNDABLE CREDIT FOR RESIDENTIAL WATER CONSERVATION. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. RESIDENTIAL WATER CONSERVATION. ``(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 the qualified water conservation expenditures made by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for a taxable year shall not exceed $1,000. ``(2) Minimum expenditures.--If the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. ``(3) Property standards.--No credit shall be allowed under this section for an item of property unless-- ``(A) the original use of such property commences with the taxpayer, ``(B) such property reasonably can be expected to remain in use for at least 5 years, and ``(C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. ``(c) Qualified Water Conservation Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified water conservation expenditure' means the amount paid for qualified water conservation property. ``(2) Qualified water conservation property.--The term `qualified water conservation property' means-- ``(A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, ``(B) water efficient landscaping, including-- ``(i) xeriscape (which is low-water use native and non-native plants and grasses), and ``(ii) artificial turf, ``(C) low-flow shower heads that use no more than 3 gallons of water per minute, ``(D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, ``(E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, ``(F) drip irrigation, ``(G) high-efficiency clothes washing machine, and ``(H) any other property of a type specified by the Secretary. ``(3) Limitation on types of property specified by secretary.--The Secretary may only specify a type of property for purposes of paragraph (2)(H) if-- ``(A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, ``(B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and ``(C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. ``(d) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(5) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(6) Property financed by subsidized energy financing.-- For purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 36(e), in the case of amounts with respect to which a credit has been allowed under section 36.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: ``Sec. 36. Residential water conservation. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003. SEC. 4. CREDIT FOR WATER CONSERVATION. (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. COMMERCIAL WATER CONSERVATION CREDIT. ``(a) In General.--For purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. ``(b) Definitions.--For purposes of this section-- ``(1) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. 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. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. ``(C) Special rules.-- ``(i) Controlled groups.--For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(ii) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(2) Qualified water conservation property.--The term `qualified water conservation property' has the meaning given to such term by section 36(c)(2). ``(c) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. ``(2) Coordination with certain credits.-- ``(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). ``(B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. ``(3) Denial of double benefit.--No deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit is determined 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 determined.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code (relating to current year business credit) 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 commercial water conservation credit determined under section 45G(a).''. (c) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d), in the case of amounts with respect to which a credit has been allowed under section 45G.''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended to read as follows: ``(d) No Carryback of Commercial Water Conservation Credit Before January 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the commercial water conservation credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.''. (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: ``45G. Commercial water conservation credit.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003.

Water Conservation Incentive Act of 2004 - Amends the Internal Revenue Code to allow a refundable tax credit for the cost of qualified water conservation property installed in a principal residence and which has a useful life of at least five years. Defines "qualified water conservation property" to include smart dual or multi program irrigation clocks, low-flow shower heads, ultra low-flush toilets, and high-efficiency clothes washing machines. Limits the amount of such credit to $1,000 for a taxable year. Allows certain small business employers (100 or fewer employees) a business tax credit for ten percent of the cost of qualified water conservation property installed in or in connection with such employer's principal place of business.

To amend the Internal Revenue Code of 1986 to provide incentives for the conservation of water.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Access to Emergency Medical Care Act of 1996''. SEC. 2. REQUIREMENTS FOR MEDICARE MANAGED CARE. (a) Access to Emergency Services.--Section 1876(c) of the Social Security Act (42 U.S.C. 1395mm(c)) is amended by adding at the end the following: ``(9)(A) A risk-sharing contract under this section shall require an eligible organization that provides any coverage with respect to emergency services to cover emergency services furnished to a member enrolled with the organization-- ``(i) without regard to whether or not the provider furnishing the emergency services has a contractual or other arrangement with the organization for the provision of such services to such members, and ``(ii) without regard to prior authorization. ``(B)(i) A risk-sharing contract under this section shall require an eligible organization that provides any coverage with respect to emergency services-- ``(I) to determine and make prompt payment (within the meaning of subsection (g)(6)(A)) in a reasonable and appropriate amount for such services (including services required to be provided under section 1867), and ``(II) subject to clause (ii), to not impose cost-sharing for services furnished in a hospital emergency department that is calculated in a manner (such as the use of a different percentage) that imposes greater cost sharing with respect to such services compared to comparable services furnished in other settings. ``(ii) An eligible organization may impose a reasonable copayment (as determined in accordance with standards established by the Secretary) in lieu of coinsurance to deter inappropriate use of services of hospital emergency departments. ``(C) In this paragraph, the term `emergency services' has the same meaning as in paragraph (10)(D).''. (b) Timely Authorization for Promptly Needed Care Identified as a Result of Required Screening Evaluation.--Section 1876(c) of such Act (42 U.S.C. 1395mm(c)), as amended by subsection (a), is amended by adding at the end the following: ``(10)(A) The organization must provide access 24 hours a day, 7 days a week to individuals who are authorized to make any prior authorizations required by the organization for coverage of items and services (other than emergency services) that a treating physician or other emergency department personnel identify, pursuant to a screening evaluation required under section 1867(a), as being needed promptly by an individual enrolled with the organization under this part. ``(B) The organization is deemed to have approved a request for such promptly needed items and services if the physician or other emergency department personnel involved-- ``(i) has made a reasonable effort to contact an individual described in subparagraph (A) for authorization to provide an appropriate referral for such items and services or to provide the items and services to the individual and access to the person has not been provided (as required in subparagraph (A)), or ``(ii) has requested such authorization from the person and the person has not denied the authorization within 30 minutes after the time the request is made. ``(C) Approval of a request for a prior authorization determination (including a deemed approval under subparagraph (B)) shall be treated as approval of a request for any items and services that are required to treat the medical condition identified pursuant to the required screening evaluation. ``(D) In this paragraph, the term `emergency services' means-- ``(i) health care items and services furnished in the emergency department of a hospital (including a trauma center), and ``(ii) ancillary services routinely available to such department, to the extent they are required to evaluate and treat an emergency medical condition (as defined in subparagraph (E)) until the condition is stabilized (as defined in subparagraph (F)). ``(E) In subparagraph (D), the term `emergency medical condition' means a medical condition, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- ``(i) placing the person's health in serious jeopardy, ``(ii) serious impairment to bodily functions, or ``(iii) serious dysfunction of any bodily organ or part. ``(F) In subparagraph (D), the term `stabilized' means, with respect to an emergency medical condition, that no material deterioration of the condition is likely, within reasonable medical probability, to result or occur before an individual can be transferred in compliance with the requirements of section 1867.''. (c) Conforming Amendment.--Section 1876(c)(4)(B) of such Act (42 U.S.C. 1395mm(c)(4)(B)) is amended by inserting ``subject to paragraphs (9) and (10),'' before ``provide''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall be effective for contract years beginning on or after the date of the enactment of this Act.

Medicare Access to Emergency Medical Care Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to establish requirements for Medicare managed care regarding access to emergency services.

Medicare Access to Emergency Medical Care Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Interests in Rural Highways Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) a national surface transportation system that includes a national network of highways and that provides for efficient and safe interstate travel in every State is vital to the economic and social well-being of the United States; (2) Federal policy for allocating resources to maintain an efficient and safe national surface transportation system should reflect the unique needs and circumstances of each State's ability to participate in the transportation system; (3) low-density States that comprise large geographic land areas-- (A) bear unique financial burdens in maintaining their share of the national surface transportation system; and (B) typically support higher per-mile costs of maintaining highways and contribute more per capita to the Highway Trust Fund than other States; (4) many rural States have to maintain large highway systems, which provide interstate access between major population centers, but have small local populations to support their highways; (5) since the approval and implementation of the North American Free Trade Agreement, many rural States along the northern border of the United States have experienced increased use of, and demands on, their share of the national surface transportation system due to increased international trade activities; (6) Federal funding for surface transportation should include adjustments that reflect reasonable and appropriate resource allocations to ensure that rural, low-density States that comprise large geographic land areas can adequately participate in the national surface transportation system; and (7) contributions from all States permit the Federal Government to provide support for essential intermodal national priorities, such as a national system of highways, mass transit, maritime activities, airports and air service, and passenger rail service. SEC. 3. MINIMUM HIGHWAY FUNDING ALLOCATION FOR CERTAIN TYPES OF STATES. Section 157(a)(4) of title 23, United States Code, is amended-- (1) by striking ``In fiscal'' and inserting the following: ``(A) In general.--In fiscal''; and (2) by adding at the end the following: ``(B) Low-density, large-geographic-area states.-- ``(i) Definition of eligible state.--In this subparagraph, the term `eligible State' means a State that-- ``(I) has a population density of less than 25 individuals per square mile; and ``(II) comprises a land area of 10,000 square miles or more. ``(ii) Historical apportionments.-- Notwithstanding any other provision of law, for fiscal year 1998 and each fiscal year thereafter, the Secretary shall increase the amount of funds that, but for this clause, would be apportioned to an eligible State under section 104(b)(3) so that each eligible State receives not less of the apportioned and allocated funds described in section 1015(a)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943) (as in effect on October 1, 1996) than the percentage listed for the State in section 1015(a)(2) of that Act (as in effect on October 1, 1996). ``(iii) Set-aside.--Notwithstanding any other provision of law, on October 1 of fiscal year 1998 and each fiscal year thereafter, the Secretary shall-- ``(I) before making any funds available out of the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year, set aside from the amounts authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year an amount equal to 1.25 percent of the funds that were made available out of the Highway Trust Fund (other than the Mass Transit Account) for the preceding fiscal year; ``(II) after making any increase for an eligible State necessary to carry out clause (ii), allocate 50 percent of the amount set aside under subclause (I) among eligible States in the ratio that-- ``(aa) the number of miles of highways on the National Highway System in the eligible State; bears to ``(bb) the number of miles of highways on the National Highway System in all eligible States; and ``(III) after making any increase for an eligible State necessary to carry out clause (ii), allocate 50 percent of the amount set aside under subclause (I) among eligible States in the ratio that-- ``(aa) the number of vehicle miles traveled on the National Highway System in the eligible State during the latest 1-year-period for which data are available; bears to ``(bb) the number of vehicle miles traveled on the National Highway System in all eligible States during the latest 1-year-period for which data are available.''.

National Interests in Rural Highways Act of 1997 - Amends Federal highway provisions to direct the Secretary of Transportation, for FY 1998 and thereafter, to increase and set aside an additional amount of Federal highway funds for allocation (according to a specified formula) to States that: (1) have population densities of fewer than 25 individuals per square mile; and (2) comprise a land area of 10,000 square miles or more.

National Interests in Rural Highways Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Umpqua National Forest Land Management Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) State.--The term ``State'' means the State of Oregon. (3) Umpqua map.--The term ``Umpqua map'' means the map entitled ``Umpqua National Forest Land Dispositions'' and dated June 1, 2003. (4) Wilderness map.--The term ``Wilderness map'' means the map entitled ``Rogue-Umpqua Divide Wilderness Boundary Modification'' and dated May 6, 2003. SEC. 3. SALE OR EXCHANGE OF UMPQUA NATIONAL FOREST ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under any terms and conditions that the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the parcels of National Forest System land described in subsection (b). (b) Description of Land.--The parcels of National Forest System land referred to in subsection (a) are-- (1) tract UMP-A, the Roseburg Service Center Administrative Site, Roseburg, Oregon, consisting of approximately 2.92 acres, and more particularly described as the NE\1/4\NW\1/4\ portion of T. 27 S., R. 5 W., Sec. 20, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map; (2) tract UMP-B, the Roseburg Powder House Administrative Site, Roseburg, Oregon, consisting of approximately 1.34 acres, and more particularly described as T. 27 S., R. 5 W., Sec. 15, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map; and (3) tract UMP-C, the Brown Street Residence Administrative Site, Glide, Oregon, consisting of approximately 2.35 acres, and more particularly described as the E\1/2\NW\1/4\ portion of T. 26 S., R. 3 W., Sec. 19, Umpqua Meridian, Douglas County, Oregon, as depicted on the Umpqua map. (c) Map and Legal Descriptions.-- (1) In general.--Until the date on which the parcels of land are sold or exchanged under subsection (a), the Umpqua map shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Modifications.--The Secretary may modify the Umpqua map and legal descriptions to-- (A) correct technical errors; or (B) to facilitate the conveyance under subsection (a). (d) Consideration.--Consideration for the sale or exchange of land described in subsection (b) may be in the form of-- (1) cash; (2) land; or (3) other consideration, including the construction of improvements on the land in accordance with the specifications of the Secretary. (e) Solicitations of Offers.-- (1) In general.--Subject to any terms and conditions that the Secretary may prescribe, the Secretary may solicit offers for the sale or exchange of land under this Act. (2) Rejection of offers.--The Secretary may reject any offer received under this section if the Secretary determines that the offer is not-- (A) adequate; or (B) in the public interest. (f) Methods of Sale.-- (1) In general.--The Secretary may sell the land described in subsection (b) at public or private sale (including auction), in accordance with such terms, conditions, and procedures that the Secretary determines to be appropriate. (2) Brokers.--In any sale or exchange of land described in subsection (b), the Secretary may-- (A) use a real estate broker; and (B) pay the real estate broker a commission in an amount comparable to the amounts of commission generally paid for real estate transactions in the area. (g) Valuation.--If the Secretary determines that an appraisal is appropriate for a sale or exchange of land under this Act, the appraisal shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. (h) Equalization of Values.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any Federal land exchanged under this Act. (i) Disposition of Proceeds.-- (1) In general.--The Secretary shall deposit the net proceeds from a sales or exchange of land under this Act in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (2) Use.--Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation, for-- (A) the acquisition of land and interests in land in the Umpqua National Forest in the State;- (B) the reimbursement of costs incurred by the Secretary in carrying out a sale or exchange of land under this Act, including the payment of real estate broker commissions under subsection (e)(2); and (C) the acquisition or rehabilitation of existing facilities or construction of new facilities in Umpqua National Forest in the State. (3) Limitation.--Funds deposited under paragraph (1) shall not-- (A) be paid or distributed to States or counties under any provision of law; or (B) be considered to be money received from units of the National Forest System for purposes of-- (i) the Act of May 23, 1908 (16 U.S.C. 500); or (ii) the Act of March 4, 1913 (16 U.S.C. 501). (j) Withdrawals and Revocation of Public Land Orders.-- (1) Withdrawal.--Subject to valid existing rights, all land described in subsection (b) is withdrawn from location, entry, and patent under the public land laws, mining laws, and mineral leasing laws of the United States (including geothermal leasing laws). (2) Revocation of public land orders.--The Secretary shall revoke any public land orders in existence on the date of enactment of this Act that withdraw the land from all forms of appropriation under the public land laws, to the extent that the orders apply to the land described in subsection (b). SEC. 4. WILDERNESS BOUNDARY ADJUSTMENT. (a) Boundary Adjustment.--The Rogue-Umpqua Divide wilderness boundary, as established by the Oregon Wilderness Act of 1984 (Public Law 98-328) and approved by the Forest Service on May 4, 1987, is adjusted as depicted on the Wilderness map and described as follows: (1) Beginning at T. 30 S., R. 3 E., Willamette Base and Meridian, from Angle Point 927 of the legal boundary description monumented with a 2 inch diameter brass cap, set in cement, marked ``USDA FOREST SERVICE AP 927 2001''. (2) Thence North 63 deg.39'34" East, 3700.00 feet to new Angle Point 927B. (3) Thence South 84 deg.20'00" East, 360.00 feet to new Angle Point 927C. (4) Thence on a line northeasterly, approximately 330 feet, to original Angle Point 928, which is monumented with a 1\1/2\ inch diameter aluminum cap, on a 5/8 diameter rod driven flush with the ground, marked ``AP 928 1999''. (5) Thence North 23 deg.00'00" West, 175.00 feet to new Angle Point 928A. (6) Thence on a line northeasterly, 1260 feet, more or less, to original Angle Point 929, which is described in the legal boundary description as ``A high point on a ridge'' in Section 7, T. 30 S., R. 3 E., W.M., with an elevation of approximately 4150 feet. (b) Map.-- (1) In general.--The Wilderness map shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Technical corrections.--The Secretary may correct technical errors in-- (A) the Wilderness map; and (B) the legal descriptions. SEC. 5. APPLICABLE LAW. (a) In General.--Land transferred or otherwise acquired by the Secretary under this Act shall be managed in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.), and the other laws (including regulations) relating to the National Forest System. (b) Exemption From Property Management Regulations.--Part 1955 of title 7, Code of Federal Regulations (or a successor regulation), shall not apply to any sale or exchange of National Forest System land under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Umpqua National Forest Land Management Act of 2004 - Authorizes the Secretary, under any terms and conditions that the Secretary may prescribe, to sell or exchange any U.S. interest in specified National Forest System lands in Douglas County, Oregon. Authorizes the Secretary to: (1) solicit offers for the sale or exchange of land; and (2) sell the land at public or private sale, including auction. Sets forth provisions regarding consideration, valuation, and equalization of land values. Directs the Secretary to deposit the net proceeds from a sale or exchange of land in the fund established under the Sisk Act. Adjusts the Rogue-Umpqua Divide wilderness boundary. Directs that land transferred or otherwise acquired by the Secretary under this Act be managed in accordance with the Weeks Act and other laws relating to the National Forest System.

A bill to authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the State of Oregon, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``SAFE Port Reauthorization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of port security programs. Sec. 3. Customs-Trade Partnership Against Terrorism. Sec. 4. Recognition of other countries' trusted shipper programs. Sec. 5. Secure Freight Initiative. Sec. 6. Strengthening America's Waterway Watch Program. Sec. 7. Port security grant program management. SEC. 2. EXTENSION OF PORT SECURITY PROGRAMS. (a) Automated Targeting System.--Section 203(g) of the SAFE Port Act (6 U.S.C. 943(g)) is amended by striking paragraphs (1) through (3) and inserting the following: ``(1) $32,565,000 for fiscal year 2011; ``(2) $33,475,000 for fiscal year 2012; ``(3) $34,500,000 for fiscal year 2013; ``(4) $35,550,000 for fiscal year 2014; ``(5) $36,580,000 for fiscal year 2015; and ``(6) $37,710,000 for fiscal year 2016.''. (b) Container Security Initiative.--Section 205(m) of the SAFE Port Act (6 U.S.C. 945(m)) is amended by striking paragraphs (1) through (3) and inserting the following: ``(1) $166,860,000 for fiscal year 2011; ``(2) $171,865,000 for fiscal year 2012; ``(3) $177,000,000 for fiscal year 2013; ``(4) $182,330,000 for fiscal year 2014; ``(5) $187,800,000 for fiscal year 2015; and ``(6) $193,600,000 for fiscal year 2016.''. (c) Customs-Trade Partnership Against Terrorism.--Section 223(a) of the SAFE Port Act (6 U.S.C. 973(a)) is amended by striking paragraphs (1) through (3) and inserting the following: ``(1) $64,500,000 for fiscal year 2011; ``(2) $66,400,000 for fiscal year 2012; ``(3) $68,400,000 for fiscal year 2013; ``(4) $70,500,000 for fiscal year 2014; ``(5) $72,500,000 for fiscal year 2015; and ``(6) $74,700,000 for fiscal year 2016.''. SEC. 3. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM. (a) Unannounced Inspections.--Section 217(a) of the SAFE Port Act (6 U.S.C. 967(a)) is amended-- (1) by striking ``If at any time'' and inserting the following: ``(1) Failure to meet requirements.--If at any time''; and (2) by inserting after paragraph (1), as redesignated, the following: ``(2) Unannounced inspections.--The Secretary, acting through the Commissioner, may conduct an unannounced inspection of a C-TPAT participant's security measures and supply chain security practices if the Commissioner determines, based on previously identified deficiencies in security measures and supply chain security practices of the C-TPAT participant, that there is a significant likelihood that such an inspection would assist in confirming the security measures in place and further the validation process.''. (b) Tier 2 Participants.--Section 215(b) of the SAFE Port Act (6 U.S.C. 965(b)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following: ``(4) voluntary training on supply chain security.''. (c) Additional Trade Benefits.--Section 216 of the SAFE Port Act (6 U.S.C. 966) is amended-- (1) in subsection (c)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking ``and'' at the end; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(6) voluntary training on supply chain security; and ``(7) increased information sharing on the security threats described in subsection (d).''; and (2) by striking subsection (d) and inserting the following: ``(d) Private Sector Information Sharing on Security Threats.-- ``(1) In general.--The Secretary shall establish a program to promote sharing information with Tier 3 participants and other private entities regarding-- ``(A) potential vulnerabilities, attacks, and exploitations of the international supply chain; and ``(B) means and methods of preventing, responding to, and mitigating consequences from the vulnerabilities, attacks, and exploitations described in subparagraph (A). ``(2) Contents.--The program established under paragraph (1) shall include-- ``(A) the creation of classified and unclassified means of accessing information that may be used by appropriately cleared personnel and that will provide, as appropriate, ongoing situational awareness of the security of the international supply chain; and ``(B) the creation of guidelines to establish a mechanism by which owners and operators of international supply chain infrastructure may report actual or potential security breaches.''. SEC. 4. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS. Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by adding at the end the following: ``(j) Recognition of Other Countries' Trusted Shipper Programs.-- Not later than 30 days before entering into an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security programs, which may result in the awarding of benefits described in section 214, 215, or 216 of the SAFE Port Act, the Secretary of Homeland Security shall-- ``(1) notify Congress of the proposed terms of such arrangement; and ``(2) determine, in consultation with the Commissioner that the foreign government's supply chain security program provides an equivalent level of supply chain security as provided by the Customs-Trade Partnership Against Terrorism.''. SEC. 5. SECURE FREIGHT INITIATIVE. Section 232(b) of the SAFE Port Act (6 U.S.C. 982(b)) is amended-- (1) in paragraph (1), by striking ``A container'' and inserting ``Except as provided under paragraph (10), a container''; and (2) by adding at the end the following: ``(10) Waiver.--The Secretary may waive the application of paragraph (1) if the Secretary certifies to Congress that-- ``(A) C-TPAT revalidations are occurring at least once every 4 years; ``(B) the Container Security Initiative has been implemented and is in operation at all high-risk foreign ports; ``(C) 100 percent of cargo containers originating outside the United States undergo a screening to identify high-risk containers; ``(D) 100 percent of the containers that have been identified as high-risk are scanned or searched before entering the United States; and ``(E) the additional data elements required to be submitted to the Department under section 203 to identify high-risk cargo have improved the capabilities of the Automated Targeting System, based on empirical evidence of seizures of illegal narcotics and dangerous materials.''. SEC. 6. STRENGTHENING AMERICA'S WATERWAY WATCH PROGRAM. (a) Immunity.-- (1) Immunity for reports of suspected terrorist activity or suspicious behavior and response.-- (A) In general.--Any individual who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report. (B) False reports.--Subparagraph (A) shall not apply to any report that-- (i) the individual knew to be false; or (ii) was made with reckless disregard for the truth at the time that individual made the report. (2) Immunity for response.-- (A) In general.--Any authorized official who observes, or receives a report of, a covered activity and takes reasonable action in good faith to respond to such activity shall have qualified immunity from civil liability for such action, consistent with the applicable law of the relevant jurisdiction. An authorized official not entitled to assert the defense of qualified immunity shall be immune from civil liability under Federal, State, and local law if such authorized official takes reasonable action, in good faith, to respond to the reported activity. (B) Savings provision.--Nothing in this paragraph may be construed to-- (i) affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available under applicable law; or (ii) affect any such defense, privilege, or immunity. (3) Attorney fees and costs.--Any individual or authorized official granted immunity from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees. (4) Exemption for foia.--A report regarding a covered activity made under this section shall not be subject to disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (b) Report.--In accordance with section 801 of the Coast Guard Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2989), the Secretary shall submit a report that describes the coordination of the America's Waterway Watch Program and similar critical infrastructure suspicious activity reporting programs within the Department of Homeland Security. In addition to submitting the report to the Committee on Commerce of the Senate and the Committee on Homeland Security of the House of Representatives, the Secretary shall submit the report to the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Definitions.--In this section: (1) Act of terrorism.--The term ``act of terrorism'' has the meaning given the term in section 3077 of title 18, United States Code. (2) Authorized official.--The term ``authorized official'' means-- (A) any employee or agent of a vessel, facility, port, or waterway or other person with responsibilities relating to the security of such systems; (B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice with responsibilities relating to the security of vessels, facilities, ports, or waterways; and (C) any Federal, State, or local law enforcement officer. (3) Covered activity.--The term ``covered activity'' means any suspicious transaction, activity, or occurrence that-- (A) involves, or is directed against, a vessel, facility, port, or waterway; and (B) indicates that an individual may be preparing to engage, or is engaging, in a violation of law relating to-- (i) a threat to a vessel, facility, port, or waterway; or (ii) an act of terrorism. (4) Facility.--The term ``facility'' has the meaning given the term in section 70101(2) of title 46, United States Code. SEC. 7. PORT SECURITY GRANT PROGRAM MANAGEMENT. (a) Determination of Applications.--Section 70107(g) of title 46, United States Code, is amended-- (1) by striking ``Any entity'' and inserting the following: ``(1) In general.--Any entity''; and (2) by adding at the end the following: ``(2) Determination.--Notwithstanding any other provision of law, the Secretary shall, not later than 60 days after the date on which an applicant submits a complete application for a grant under this section, either approve or disapprove the application.''. (b) Administration of Cost Share Determinations.--Section 70107(c)(2) of title 46, United States Code, is amended by inserting after subparagraph (C) the following: ``(D) Cost share determinations.--Notwithstanding any other provision of law, not later than 60 days after the date on which an applicant submits a complete application for a matching requirement (other than a project specified in paragraph (1)), the Secretary shall either approve or disapprove the application.''. (c) Administration of Extensions.--Section 70107(i) of title 46, United States Code, is amended by inserting after paragraph (4) the following: ``(5) Extension determinations.--Notwithstanding any other provision of law, not later than 60 days after the date on which an applicant submits a complete application for a grant extension, the Secretary shall either approve or disapprove the application.''. (d) Authorization of Appropriations.--Section 70107(l) of title 46, United States Code, is amended to read as follows: ``(l) Authorization of Appropriations.--There are authorized to be appropriated $300,000,000 for each of the fiscal years 2011 through 2016 to carry out this section.''.

SAFE Port Reauthorization Act - Amends the SAFE Port Act to authorize appropriations for FY2011-FY2016 for: (1) the automated targeting system for identifying and inspecting high-risk oceanborne container cargo, (2) the Container Security Initiative, and (3) the Customs-Trade Partnership Against Terrorism (C-TPAT). Permits: (1) unannounced inspections of a C-TPAT participant's security measures, and (2) provision of voluntary supply chain security training. Directs the Secretary of Homeland Security to establish a program to promote sharing of private sector security-related information. Requires the Secretary, prior to entering into an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security programs, to: (1) notify Congress of such arrangement's terms, and (2) determine that the foreign government's program provides a C-TPAT level of security. Sets forth exemptions to the requirement that a container loaded on a vessel in a foreign port not be allowed into the United States unless it was scanned by nonintrusive imaging and radiation detection equipment prior to loading. Grants: (1) immunity from civil liability to any individual who, in good faith and based on objectively reasonable suspicion, makes a voluntary report of covered activity (any suspicious transaction, activity, or occurrence that indicates an individual may be engaging in a violation of law relating to a threat to a vessel, facility, port, or waterway or an act of terrorism) to an authorized official; (2) qualified immunity from civil liability to any authorized official who observes, or receives a report of, a covered activity and takes reasonable action in good faith to respond to such activity; and (3) immunity from civil liability to an authorized official not entitled to assert the defense of qualified immunity if he or she takes reasonable action, in good faith, to respond to the reported activity. Entitles any such individual or authorized official granted immunity to recover from the plaintiff all reasonable costs and attorney fees. Exempts a report regarding such activity from disclosure under the Freedom of Information Act. Directs the Secretary to report on the coordination of the America's Waterway Watch Program and similar critical infrastructure suspicious activity reporting programs within the Department of Homeland Security (DHS). Directs the Secretary to either approve or disapprove a complete application for a port security grant, a matching requirement, or a grant extension within 60 days of submission. Authorizes appropriations for port security grants for FY2011-FY2016.

A bill to reauthorize certain port security programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Beautiful National Parks Quarter Dollar Coin Act of 2008''. TITLE I--NATIONAL SITE QUARTER DOLLARS SEC. 101. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEMATIC OF NATIONAL PARKS OR OTHER NATIONAL SITES. Section 5112 of title 31, United States Code, is amended-- (1) by redesignating subsection (r) (as added by section 622 of the Financial Services and General Government Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2016)) as subsection (s); and (2) by adding at the end the following: ``(t) Redesign and Issuance of Quarter Dollars Emblematic of National Sites.-- ``(1) Redesign beginning upon completion of prior program.-- ``(A) Definition of state.--For purposes of this subsection, the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. ``(B) Redesign.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollars issued beginning in 2010 shall have designs on the reverse selected in accordance with this subsection which are emblematic of the national sites in the States. ``(C) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars referred to in subparagraph (A) in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single site in each state.--The design on the reverse side of each quarter dollar issued during the period of issuance under this subsection shall be emblematic of 1 national site in each State. ``(3) Selection of site and design.-- ``(A) Site.--The selection of a national park or other national site in each State to be honored with a coin under this subsection shall be made by the Secretary of the Treasury, after consultation with the governor or other chief executive of each State with respect to which a coin is to be issued under this subsection so that the national site chosen for each State shall be the most appropriate in terms of natural or historic significance. ``(B) Design.--Each of the designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the head of the agency having jurisdiction over the site selected in accordance with subparagraph (A); and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(C) Selection and approval process.-- Recommendations for site selections and designs for quarter dollars may be submitted in accordance with the site and design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(D) Participation in design.--The Secretary may include participation by officials of the State, artists from the State, engravers of the United States Mint, and members of the general public. ``(E) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(F) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, no portrait of a living person, and no outline or map of a State may be included in the design on the reverse of any quarter dollar under this subsection. ``(4) Issuance of coins.-- ``(A) Yellowstone national park.--Since Yellowstone National Park was established by an Act signed by President Ulysses S. Grant on March 1, 1872, as the Nation's first national park, Yellowstone National Park shall be-- ``(i) depicted on the first quarter dollar issued; and ``(ii) designated to the State of Wyoming. ``(B) Order of issuance.--Subject to subparagraph (A), the quarter dollar coins issued under this subsection bearing designs of national sites shall be issued in reverse alphabetical order of each State. ``(C) Rate of issuance.--The quarter dollar coins bearing designs of national sites under this subsection shall be issued at the rate of-- ``(i) 5 new designs during each of the first 10 years of either-- ``(I) the original period of issuance under this subsection; or ``(II) the second round period of issuance described in paragraph (7)(B); and ``(ii) 6 new designs during the 11th year of either-- ``(I) the original period of issuance under this subsection; or ``(II) the second round period of issuance described in paragraph (7)(B). ``(D) Number of each of the coin designs in each year.--Of the quarter dollar coins issued during each year of the period of issuance, the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the designs selected for such year. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(7) Period of issuance.-- ``(A) In general.--Subject to paragraph (2), the program established under this subsection shall continue in effect until a national site in each State has been honored. ``(B) Second round at discretion of secretary.-- ``(i) Determination.--The Secretary may make a determination before the end of the 9- year period beginning when the first quarter dollar is issued under this subsection to continue the period of issuance until a second national site in each State, the District of Columbia, and each territory referred to in this subsection has been honored with a design on a quarter dollar. ``(ii) Notice and report.--Within 30 days after making a determination under clause (i), the Secretary shall submit a written report on such determination to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(iii) Applicability of provisions.--If the Secretary makes a determination under clause (i), the provisions of this subsection applicable to site and design selection and approval, the order, timing, and conditions of issuance shall apply in like manner as the initial issuance of quarter dollars under this subsection, except that the issuance of quarter dollars pursuant to such determination bearing the first design shall commence in order immediately following the last issuance of quarter dollars under the first round. ``(iv) Continuation until all states are honored.--If the Secretary makes a determination under clause (i), the program under this subsection shall continue until a second site in each State has been so honored. ``(8) Designs after end of program.--Upon the completion of the coin program under this subsection, the design-- ``(A) on the obverse of the quarter dollar shall revert to the same design containing an image of President Washington in effect for the quarter dollar before the institution of the 50-State quarter dollar program; ``(B) notwithstanding the fourth sentence of subsection (d)(1), on the reverse of the quarter dollar shall contain an image of General Washington crossing the Delaware River prior to the Battle of Trenton; and ``(C) described in paragraph (1)(B) shall apply with regard to the placement of inscriptions. ``(9) National site.--For purposes of this subsection, the term `national site' means any site under the supervision, management, or conservancy of the National Park Service, the United States Forest Service, the United States Fish and Wildlife Service, or any similar department or agency of the Federal Government, including any national park, national monument, national battlefield, national military park, national historical park, national historic site, national lakeshore, seashore, recreation area, parkway, scenic river, or trail and any site in the National Wildlife Refuge System. ``(10) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory.''. TITLE II--BULLION INVESTMENT PRODUCTS SEC. 201. SILVER BULLION COIN. Section 5112 of title 31, United States Code, is amended by inserting after subsection (t) (as added by section 101 of this Act) the following: ``(u) Silver Bullion Investment Product.-- ``(1) In general.--The Secretary shall strike and make available for sale such number of bullion coins as the Secretary determines to be appropriate that bear the likeness of the quarter dollars issued under subsection (t), each of which shall-- ``(A) have a diameter of 3.0 inches and weigh 8.0 ounces; ``(B) contain .999 fine silver; ``(C) bear the inscriptions of the fineness and weight of the bullion coin; ``(D) bear an inscription of the denomination of such coin, which shall be `quarter dollar'; and ``(E) not be minted or issued by the United States Mint as so-called `fractional' bullion coins or in any size other than the size described in paragraph (A). ``(2) Availability for sale.--Bullion coins minted under paragraph (1)-- ``(A) shall become available for sale no sooner than the first day of the calendar year in which the circulating quarter dollar of which such bullion coin is a duplicate is issued; and ``(B) may only be available for sale during the year in which such circulating quarter dollar is issued. ``(3) Distribution.-- ``(A) In general.--In addition to the authorized dealers utilized by the Secretary in distributing bullion coins and solely for purposes of distributing bullion coins issued under this subsection, the Director of the National Park Service, or the designee of the Director, may purchase numismatic items issued under this subsection, but only in units of no fewer than 1,000 at a time, and the Director, or the Director's designee, may resell or repackage such numismatic items as the Director determines to be appropriate. ``(B) Resale.--The Director of the National Park Service, or the designee of the Director, may resell, at cost and without repackaging, numismatic items acquired by the Director or such designee under subparagraph (A) to any party affiliated with any national site honored by a quarter dollar under subsection (t) for repackaging and resale by such party in the same manner and to the same extent as such party would be authorized to engage in such activities under subparagraph (A) if the party were acting as the designee of the Director under such subparagraph.''. TITLE III--ADMINISTRATION SEC. 301. NO NET COST TO THE FEDERAL GOVERNMENT. The Secretary of the Treasury shall take such actions as are necessary to ensure that minting and issuing coins under this Act and the amendments made by this Act will not result in any net cost to the Federal Government.

America's Beautiful National Parks Quarter Dollar Coin Act of 2008 - Requires quarter dollars, issued beginning in 2010, to have designs on the reverse emblematic of one national site in each state, the District of Columbia, and specified U.S. territories. Instructs the Secretary of the Treasury to select in each state a national park or other national site to be honored with a coin. Requires Yellowstone National Park, since it was established on March 1, 1872, as the nation's first national park, to be depicted on the first quarter dollar issued and to be designated to the state of Wyoming. Requires: (1) 5 coin designs in each of the first 10 years of either the original period of issuance or the second period of issuance; and (2) 6 coin designs in the 11th year of either the original period of issuance or the second period of issuance. Instructs the Secretary to strike and make available for sale silver bullion coins that are exact duplicates of such quarter dollars. Authorizes the Director of the National Park Service to purchase for resale or distribution numismatic items issued under this Act. Requires the Secretary to take such actions as are necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the federal government.

A bill to provide for a program for circulating quarter dollar coins that are emblematic of a national park or other national site in each State, the District of Columbia, and certain territories and insular areas of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earned Income Credit Information Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress hereby finds: (1) President Gerald Ford and Congress created the earned income credit (EIC) in 1975 to offset the adverse effects of Social Security and Medicare payroll taxes on working poor families and to encourage low-income workers to seek employment rather than welfare. (2) President Ronald Reagan described the earned income credit as ``the best anti-poverty, the best pro-family, the best job-creation measure to come out of Congress.'' (3) Over the last 30 years, the EIC program has grown into the largest Federal anti-poverty program in the United States. In 2005, 22.8 million tax filers received $42.4 billion in tax credits through the EIC program. (4) In 2007, the EIC provided a maximum Federal benefit of $4,716 for families with 2 or more children, $2,853 for families with a single child, and $428 for a taxpayer with no qualifying children. (5) Based on analysis conducted by the General Accountability Office, 25 percent of those eligible to receive the EIC do not take advantage of the tax benefit. (6) Based on analysis conducted by the Joint Economic Committee, working Americans may have lost out on approximately $8 billion in unclaimed earned income credits in 2004. (7) In response to a study by the California Franchise Tax Board that found that there were approximately 460,000 California families that qualified, but did not file, for the EIC, Governor Arnold Schwarzenegger signed into law Assembly Bill 650, the Earned Income Tax Credit Information Act, on October 13, 2007. The law requires that California employers notify employees of their potential eligibility for the EIC. (8) In order to ensure that tax benefits designed to assist working Americans reach the maximum number of people, the Federal Government should enact a similar law. (b) Purpose.--The purpose of this Act is to inform the greatest possible number of Americans about their potential eligibility for the earned income credit in a way that is neither costly nor burdensome for employers or the Government. SEC. 3. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED INCOME CREDIT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED INCOME CREDIT. ``(a) In General.--Every employer required to provide a statement under section 6051 (relating to W-2 statements) to a potential EIC- eligible employee shall provide to such employee the notice described in subsection (c). ``(b) Potential EIC-Eligible Employee.--For purposes of this section, the term `potential EIC-eligible employee' means any individual whose annual wages from the employer are less than the amount of earned income (as defined in section 32(c)(2)) at which the credit under section 32(a) phases out for an individual described in section 32(c)(1)(A)(ii) (or such other amount as may be prescribed by the Secretary). ``(c) Contents of Notice.-- ``(1) In general.--The notice required by subsection (a) shall be-- ``(A) a copy of Internal Revenue Service Notice 797 or any successor notice, or ``(B) a notice stating: `Based on your annual earnings, you may be eligible to receive the earned income credit from the Federal Government. The earned income credit is a tax credit for certain working individuals and families. In 2008, earned income credit benefits are available for taxpayers with earnings up to $38,646 ($41,646 if married filing jointly). Eligibility and benefit amounts vary according to filing status (single or married), number of qualifying children, and other sources of income. For example, in 2008, earned income credit benefits are available for childless taxpayers earning less than $15,880, taxpayers with 1 child earning less than $36,995, and taxpayers with 2 or more children earning less than $41,646. In most cases, earned income credit payments will not be used to determine eligibility for Medicaid, supplemental security income, food stamps, low-income housing or most temporary assistance for needy families programs. Even if you do not owe Federal taxes, you may qualify, but must file a tax return to receive the earned income credit. For information regarding your eligibility to receive the earned income credit, contact the Internal Revenue Service by calling 1-800- 829-1040 or through its web site at www.irs.gov. The Volunteer Income Tax Assistance (VITA) program provides free tax preparation assistance to individuals under the above income limits. Call the IRS at 1-800-906-9887 to find sites in your area.'. ``(2) Years after 2008.--In the case of the notice in paragraph (1)(B) for taxable years beginning in a calendar year after 2008-- ``(A) such calendar year shall be substituted for `2008', ``(B) the lowest amount of earned income for a taxpayer with no qualifying children at which the credit phases out under section 32(a)(2)(B) for taxable years beginning in such calendar year shall be substituted for `$15,880', ``(C) the lowest amount of earned income for a taxpayer with 1 qualifying child at which the credit phases out under section 32(a)(2)(B) for such taxable years shall be substituted for `$36,995', and ``(D) the lowest amount of earned income for a taxpayer with 2 or more qualifying children at which the credit phases out under section 32(a)(2)(B) for such taxable years shall be substituted for `$41,646'. ``(d) Exemption for Small Employers.-- ``(1) In general.--An employer shall not be required to provide notices under this section during any calendar year if the employer employed an average of 25 or fewer employees on business days during the preceding calendar 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 preceding calendar year, 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. ``(3) Special rules.-- ``(A) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(B) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. ``(e) Timing of Notice.--The notice required by subsection (a) shall be provided to each employee at the same time the employer statement is furnished to each such employee under section 6051. ``(f) Manner of Providing Notice.--The notice required by subsection (a) shall be provided either by hand or by mail to the address used to provide the statement under section 6051 to the employee.''. (b) Penalty for Failure To Provide Notice.--Section 6724(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (BB), by striking the period at the end of subparagraph (CC) and inserting ``, or'', and by inserting after subparagraph (CC) the following new subparagraph: ``(DD) section 7529 (relating to employer notification of availability of earned income credit).''. (c) Clerical Amendment.--The table of sections for such chapter 77 is amended by adding at the end the following new item: ``Sec. 7529. Employer notification of availability of earned income credit.''. (d) Effective Date.--The amendments made by this section shall apply with respect to statements required to be provided under section 6051 of the Internal Revenue Code of 1986 more than 180 days after the date of the enactment of this Act.

Earned Income Credit Information Act of 2008 - Amends the Internal Revenue Code to require certain employers (with more than 25 employees) to provide their employees with a notice explaining the earned income tax credit and eligibility rules for such credit.

A bill to amend the Internal Revenue Code of 1986 to require employers to notify their employees of the availability of the earned income credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Access and Affordability Act''. SEC. 2. EXPANSION OF HOPE AND LIFETIME LEARNING CREDITS. (a) Increase in Per Student Limitation for Hope Scholarship Credit.-- (1) In general.--Subparagraph (B) of section 25A(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``the applicable limit'' and inserting ``$4,000''. (2) Inflation adjustment.--Paragraph (1) of section 25A(h) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) $4,000 amount.--In the case of a taxable year beginning after 2005, the $4,000 amount contained in subsection (b)(1)(B) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) 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 2004' for `calendar year 1992' in subparagraph (B) thereof.''. (3) Conforming amendment.--Subsection (b) of section 25A of such Code is amended by striking paragraph (4). (b) Increase in Gross Income Limitation .-- (1) In general.--Clause (ii) of section 25A(d)(2)(A) of such Code is amended by striking ``$40,000 ($80,000'' and inserting ``$58,000 (twice such amount''. (2) Inflation adjustment.--Subparagraph (A) of section 25A(h)(2) of such Code is amended to read as follows: ``(A) In general.--In the case of a taxable year beginning after 2005, the $58,000 amount in subsection (d)(2) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) 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 2004' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Hope Scholarship Credit Available for 4 Years.--Paragraph (2) of section 25A(b) of such Code is amended by striking ``2'' each place it appears in subparagraphs (A) and (C) and inserting ``4''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES. Section 428K (20 U.S.C. 1078-11) is amended to read as follows: ``SEC. 428K. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES. ``(a) Purposes.--The purposes of this section are-- ``(1) to reduce the burden of student debt, particularly for Americans who dedicate their careers to meeting certain urgent national needs; and ``(2) to attract more excellent individuals into important public service careers. ``(b) Loan Forgiveness.-- ``(1) In general.--The Secretary shall assume the obligation to repay, pursuant to subsection (c), a loan made under section 428 or 428H, a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan, a Federal Direct Consolidation Loan, or a Federal Perkins Loan for any new borrower after the date of enactment of the Higher Education Amendments of 1998, who-- ``(A) is employed full time in a qualified public service position described in paragraph (2); and ``(B) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Qualified public service positions.--For purposes of this section, an individual shall be treated as employed in a qualified public service position if the individual is any of the following: ``(A) Highly qualified teachers of mathematics, science, and bilingual and special education and in low-income communities.--An individual who-- ``(i) is highly qualified as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965; and ``(ii)(I) has obtained employment as a teacher for service in a public or nonprofit private elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, and which for the purpose of this paragraph and for that year has been determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 40 percent of the total enrollment of that school; or ``(II) has obtained employment as a full- time teacher of mathematics, science, or bilingual or special education. ``(B) First responders in low-income communities.-- An individual who, as determined by the Secretary of Education by regulation-- ``(i) has obtained employment as a firefighter, police officer, or emergency medical technician; and ``(ii) serves a low-income community. ``(C) Nurses in low income communities.--An individual who is an eligible nurse and has obtained employment-- ``(i)(I) in a clinical setting; or ``(II) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); and ``(ii) serves a low-income or needy community. ``(D) Child welfare workers.--An individual who-- ``(i) has completed a degree in social work or related field with a focus on serving children and families (as determined in accordance with regulations prescribed by the Secretary); and ``(ii) has obtained employment in public or private child welfare services. ``(c) Loan Repayment.-- ``(1) In general.--The Secretary shall assume the obligation to repay a total of not more than $20,000 of principal and interest as follows: ``(A) after each of the first or second years of service by an individual in a qualified public service position, 15 percent of the total amount of principal and interest of the loans described in subsection (b)(1) to such individual that are outstanding immediately preceding such first year of such service; ``(B) after each of the third or fourth years of such service, 20 percent of such total amount; and ``(C) after the fifth year of such service, 30 percent of such total amount. ``(2) Treatment of consolidation loans.--A loan amount for a loan made under section 428C or for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan described in subsection (b)(1) for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(3) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under section 428 or 428H, a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan, a Federal Direct Loan, or a Federal Perkins Loan. ``(4) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan that accrues for such year shall be repaid by the Secretary. ``(5) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(6) Ineligibility for double benefits.--No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(7) Continued eligibility of teachers.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(2)(A)(ii)(I) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(d) Repayment to Eligible Lenders and Holders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of the lender's or holder's loans that are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each of the consecutive years of qualifying service described in subsection (c)(1). The borrower may elect to receive forbearance while engaged in qualifying service described in subsection (c)(1) unless the borrower is in deferment while so engaged. ``(f) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(g) Definitions.--In this section: ``(1) Child welfare services.--The term `child welfare services' has the meaning given the term in section 425 of the Social Security Act. ``(2) Degree.--The term `degree' means an associate's or bachelor's degree awarded by an institution of higher education. ``(3) Eligible nurse.--The term `eligible nurse' means a nurse who meets all of the following: ``(A) The nurse graduated from-- ``(i) an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); ``(ii) a nursing center; or ``(iii) an academic health center that provides nurse training. ``(B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting. ``(C) The nurse holds 1 or more of the following: ``(i) A graduate degree in nursing, or an equivalent degree. ``(ii) A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iii) A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iv) A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(4) Low-income community.--In this subsection, the term `low-income community' means a community in which 70 percent of households earn less than 85 percent of the State median household income. ``(5) Year.--The term `year', where applied to service as a teacher (or service as a member of an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296))), means an academic year as defined by the Secretary.''.

College Access and Affordability Act - Amends the Internal Revenue Code to: (1) increase to $4,000 the maximum amount of qualified tuition and related expenses eligible for the Hope Scholarship Credit and adjust such amount for inflation beginning in 2006; (2) increase to $58,000 the modified adjusted gross income threshold for determining reductions in the allowable amount of the Hope Scholarship Credit; and (3) increase from two to four the number of years a Hope Scholarship Credit may be claimed. Amends the Higher Education Act of 1965 to provide for student loan forgiveness up to $20,000 for individuals in qualified public service positions who are not in default of their loan obligations. Defines "qualified public service positions" to include: (1) highly qualified teachers of mathematics, science, and bilingual and special education in low-income communities; (2) firefighters, police officers, or emergency medical technicians serving low-income communities; (3) nurses serving low-income communities; and (4) public or private child welfare workers.

To amend the Internal Revenue Code of 1986 to expand and enhance the HOPE and Lifetime Learning Credits, and to amend the Higher Education Act of 1965 to provide loan forgiveness opportunities for public service employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Unemployed Worker Investment Act of 2013''. SEC. 2. CREDIT FOR EMPLOYERS WHO HIRE INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 (defining members of targeted group) is amended by striking ``or'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(J) in the case of a small business employer, a qualified unemployment compensation recipient.''. (b) Qualified Unemployment Compensation Recipient.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: ``(11) Qualified unemployment compensation recipient; small business employer.-- ``(A) In general.--The term `qualified unemployment compensation recipient' means any individual who is certified by the designated local agency as-- ``(i) not being a student for at least 6 months during the 1-year period ending on the hiring date, ``(ii) being in receipt of unemployment compensation under State or Federal law on the hiring date, and ``(iii) having a hiring date during the 2- year period which begins on the date of the enactment of this paragraph. ``(B) Small business employer.--For purposes of this paragraph, the term `small business employer' means, with respect to any hiring date, any employer which employs more than 10 but fewer than 25 full-time equivalent employees throughout the taxable year. ``(C) Student.--For purposes of this paragraph, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months (whether or not consecutive) during the 1-year period ending on the hiring date.''. (c) Maximum $4,000 Credit Per Employee.--Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by inserting ``$10,000 per year in the case of any individual who is a qualified unemployment compensation recipient by reason of subsection (d)(11),'' after ``$6,000 per year (''. (d) Denial of Credit Unless Employment Full Time for 1 Year.-- Paragraph (3) of section 51(i) of the Internal Revenue Code of 1986 (relating to individuals not meeting minimum employment periods) is amended by adding at the end the following new subparagraph: ``(C) Special rules for qualified unemployment compensation recipients.--No wages shall be taken into account under subsection (a) with respect to a qualified unemployment compensation recipient unless-- ``(i) such individual is employed by the employer for not less than 35 hours per week for not less than 1 year, and ``(ii) the number of full-time equivalent employees of the employer is increased by 1 for at least 1 year by reason of such individual's employment by the employer.''. (e) Credit Made Available to Tax-Exempt Employers in Certain Circumstances.-- (1) In general.--Subsection (e) of section 3111 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Qualified Veterans'' in the subsection heading and inserting ``Qualified Individuals'', (B) by striking ``qualified veteran'' each place it appears in the text and inserting ``qualified individual'', and (C) by striking ``qualified veterans'' in paragraph (2) and inserting ``qualified individuals''. (2) Qualified individual defined.--Subparagraph (B) of section 3111(e)(5) of such Code is amended to read as follows: ``(B) the term `qualified individual' means-- ``(i) any qualified veteran (as defined in section 51(d)(3)), and ``(ii) any qualified unemployment compensation recipient (as defined in section 51(d)(11)).''. (3) Conforming amendment.--Paragraph (2) of section 52(c) of such Code is amended-- (A) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the heading, and (B) by inserting ``and qualified unemployment compensation recipients'' after ``qualified veterans'' in the text. (f) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

American Unemployed Worker Investment Act of 2013 - Amends the Internal Revenue Code to allow a small business employer (i.e., an employer that employs more than 10 but fewer than 25 full-time employees throughout the taxable year) a work opportunity tax credit for hiring a qualified unemployment compensation recipient. Allows the first $10,000 of wages paid to such a recipient to be taken in account for purposes of such credit. Defines "qualified unemployment compensation recipient" as any individual who is certified as: (1) not being a student for at least six months during the one-year period ending on the hiring date, (2) being in receipt of unemployment compensation on the hiring date, and (3) having a hiring date during the two-year period which begins on the enactment of this Act. Denies such credit unless: (1) the qualified unemployment compensation recipient is employed for not less than 35 hours per week for not less than 1 year, and (2) the number of full-time employees of the employer receiving such credit is increased by 1 for at least 1 year.

American Unemployed Worker Investment Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening Applied Fairly and Equitably to Truckers Act of 2008'' or the ``SAFE Truckers Act of 2008''. TITLE I--SURFACE TRANSPORTATION SECURITY SEC. 101. SURFACE TRANSPORTATION SECURITY. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``TITLE XXI--SURFACE TRANSPORTATION SECURITY ``SEC. 2101. DESIGNATION OF SECURITY SENSITIVE MATERIAL. ``(a) Designation.--The Secretary shall designate a material, or a group or class of material, in a particular amount and form as security sensitive when the Secretary determines that transporting the material by motor vehicle in commerce poses a significant risk to national security due to the potential use of the material in an act of terrorism. ``(b) Consultation.--In carrying out subsection (a), the Secretary shall consult with-- ``(1) the Secretary of Health and Human Services on the inclusion of chemical or biological materials or agents; and ``(2) the Secretary of Transportation, as appropriate. ``(c) Notice and Comment.--The Secretary shall make the designations under subsection (a) by regulation after providing notice and an opportunity for public comment. ``SEC. 2102. TRANSPORTATION OF SECURITY SENSITIVE MATERIALS. ``(a) Motor Vehicle Operators.--The Secretary shall prohibit an individual from operating a motor vehicle in commerce while transporting a security sensitive material unless the individual holds a transportation security card issued by the Secretary under section 70105 of title 46, United States Code. ``(b) Shippers.--The Secretary shall prohibit a person from-- ``(1) offering a security sensitive material for transportation by motor vehicle in commerce; or ``(2) causing a security sensitive material to be transported by motor vehicle in commerce, unless the motor vehicle operator transporting the security sensitive material holds a valid transportation security card. ``SEC. 2103. ENROLLMENT LOCATIONS. ``The Secretary shall-- ``(1) work with appropriate entities to ensure that fingerprinting locations for individuals applying for a transportation security card under section 70105 of title 46, United States Code, have flexible operating hours; and ``(2) permit an individual applying for a transportation security card to utilize a fingerprinting location outside of the individual's State of residence to the greatest extent practicable. ``SEC. 2104. AUTHORITY TO ENSURE COMPLIANCE. ``(a) In General.--The Secretary is authorized to ensure compliance with this title. ``(b) Memorandum of Understanding.--The Secretary may enter into a memorandum of understanding with the Secretary of Transportation to ensure compliance with sections 2102 and 2107(b). ``SEC. 2105. CIVIL PENALTIES. ``(a) Penalty.-- ``(1) In general.--A person that violates this title or a regulation or order issued under this title is liable to the United States Government for a civil penalty of at least $250 but not more than $75,000 for each violation. ``(2) Increased penalties.--If the Secretary finds that a violation under paragraph (1) results in a transportation security incident, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000. ``(3) Separate violations.--A separate violation occurs for each day the violation continues. ``(b) Hearing Requirement.--The Secretary may find that a person has violated this title or a regulation or order issued under this title only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. ``(c) Penalty Considerations.--In determining the amount of a civil penalty under this section, the Secretary shall consider-- ``(1) the nature, circumstances, extent, and gravity of the violation; ``(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and ``(3) other matters that justice requires. ``(d) Civil Actions To Collect.--The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review. ``(e) Compromise.--The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General. ``(f) Setoff.--The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. ``(g) Depositing Amounts Collected.--Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts. ``SEC. 2106. CRIMINAL PENALTIES. ``A person that willfully violates this title or a regulation or order issued under this title shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation results in a transportation security incident. ``SEC. 2107. ENFORCEMENT. ``(a) In General.--At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this title or a regulation or order issued under this title. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 2105. ``(b) Imminent Security Hazards.-- ``(1) In general.--If the Secretary has reason to believe that an imminent security hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States-- ``(A) to suspend or restrict the transportation of the security sensitive material responsible for the hazard; or ``(B) to eliminate or mitigate the hazard. ``(2) Actions by the attorney general.--On request of the Secretary, the Attorney General shall bring an action under paragraph (1). ``SEC. 2108. COMMERCIAL MOTOR VEHICLE OPERATORS REGISTERED TO OPERATE IN MEXICO OR CANADA. ``A commercial motor vehicle operator registered to operate in Mexico or Canada shall not operate a commercial motor vehicle transporting a security sensitive material in commerce in the United States until the operator has undergone a background records check similar to the background records check required for commercial motor vehicle operators licensed in the United States to transport security sensitive materials in commerce. ``SEC. 2109. TRANSITION. ``(a) Treatment of Individuals Receiving Prior Hazardous Materials Endorsements.--An individual who has obtained a hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, before the date of enactment of this title, shall be treated as having met the background check requirements of the transportation security card under section 70105 of title 46, United States Code, subject to reissuance or expiration dates as determined by the Secretary. ``(b) Reduction in Fees.--The Secretary shall reduce, to the great extent practicable, any fees associated with obtaining a transportation security card under section 70105 of title 46, United Sates Code, for any individual referred to in subsection (a). ``SEC. 2110. SAVINGS CLAUSE. ``Nothing in the title shall be construed as affecting the authority of the Secretary of Transportation to regulate hazardous materials under chapter 51 of title 49, United States Code. ``SEC. 2111. DEFINITIONS. ``In this title, the following definitions apply: ``(1) Commerce.--The term `commerce' means trade or transportation in the jurisdiction of the United States-- ``(A) between a place in a State and a place outside of the State; or ``(B) that affects trade or transportation between a place in a State and a place outside of the State. ``(2) Hazardous material.--The term `hazardous material' means a substance or material the Secretary of Transportation designates under section 5103(a) of title 49, United States Code. ``(3) Imminent security hazard.--The term `imminent security hazard' means the existence of a condition relating to security sensitive materials that-- ``(A) presents a substantial likelihood of a transportation security incident; and ``(B) may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that incident. ``(4) Person.--The term `person', in addition to its meaning under section 1 of title 1, United States Code-- ``(A) includes a government, Indian tribe, or authority of a government or tribe offering security sensitive material for transportation in commerce or transporting security sensitive material to further a commercial enterprise; but ``(B) does not include-- ``(i) the United States Postal Service; and ``(ii) in sections 2105 and 2106, a department, agency, or instrumentality of the Government. ``(5) Security sensitive material.--The term `security sensitive material' means a substance or material in quantity and form the Secretary designates under section 2101. ``(6) Transports; transportation.--The term `transports' or `transportation' means the movement of property and loading, unloading, or storage incidental to the movement. ``(7) Transportation security incident.--The term `transportation security incident' has the meaning given that term by section 70101 of title 46, United States Code.''. SEC. 102. CONFORMING AMENDMENT. The table of contents contained in section 1(b) of the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding at the end the following: ``TITLE XXI--SURFACE TRANSPORTATION SECURITY ``Sec. 2101. Designation of security sensitive material. ``Sec. 2102. Transportation of security sensitive materials. ``Sec. 2103. Enrollment locations. ``Sec. 2104. Authority to ensure compliance. ``Sec. 2105. Civil penalties. ``Sec. 2106. Criminal penalties. ``Sec. 2107. Enforcement. ``Sec. 2108. Commercial motor vehicle operators registered to operate in Mexico or Canada. ``Sec. 2109. Transition. ``Sec. 2110. Savings clause. ``Sec. 2111. Definitions.''. SEC. 103. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. Section 5103a of title 49, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Limitation.--The Secretary of Homeland Security shall periodically conduct a name-based background check of all individuals who possess a license to operate a motor vehicle transporting in commerce a hazardous material for which the Secretary of Transportation requires placarding. Such a name-based check shall be conducted against the integrated and consolidated terrorism watch list maintained by the Federal Government and relevant databases.''; (2) by striking subsections (b) and (d) and redesignating subsections (c), (e), (f), (g), and (h) as subsections (b), (c), (d), (e), and (f), respectively; (3) in subsection (e) (as redesignated by paragraph (3) of this section)-- (A) by striking paragraph (1) and redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; (B) in paragraph (2) (as redesignated by subparagraph (A) of this paragraph) by striking ``Director'' and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''; (C) in paragraph (3) (as redesignated by subparagraph (A) of this paragraph) by striking ``Director'' and inserting ``Assistant Secretary''; and (D) in paragraph (4) (as redesignated by subparagraph (A) of this paragraph)-- (i) in subparagraph (A) -- (I) by striking ``Director'' and inserting ``Assistant Secretary''; (II) by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (III) by striking ``Director's'' and inserting ``Assistant Secretary's''; and (ii) in subparagraph (B)(ii) by striking ``Director'' and inserting ``Assistant Secretary''; and (4) in subsection (f)(2) (as redesignated by paragraph (3) of this section) by striking ``Director of the Transportation Security Administration'' and inserting ``Assistant Secretary of Homeland Security (Transportation Security Administration)''. SEC. 104. DEADLINES AND EFFECTIVE DATES. (a) Designation of Security Sensitive Materials.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall promulgate regulations establishing the list of security sensitive materials under section 2101 of the Homeland Security Act of 2002 (as added by this Act). (b) Issuance of Transportation Security Cards.--Not later than 18 months after enactment of this Act, the Secretary shall begin issuance of transportation security cards under section 70105 of title 46, United States Code, to individuals who seek to operate a motor vehicle in commerce while transporting security sensitive materials. (c) Effective Date of Prohibitions.--The prohibitions contained in sections 2102 and 2108 of the Homeland Security Act of 2002 (as added by this Act) shall take effect on the date that is 3 years after the date of enactment of this Act. (d) Effective Date of Section 103 Amendments.--The amendments made by section 103 of this Act shall take effect on the date that is 3 years after the date of enactment of this Act. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. TASK FORCE ON HIGHWAY SECURITY. (a) Establishment.--The Secretary of Homeland Security shall establish a task force to assess security risks to motor vehicles transporting security sensitive material, including the vulnerabilities of such motor vehicles to hijacking, en route sabotage, theft, and insider threats. (b) Membership.--The task force shall be composed of representatives of the Department of Homeland Security, the Department of Transportation, appropriate industries, including employee organizations, and other appropriate entities. (c) Report.--Not later than 180 days after the date of enactment of this Act, the task force shall transmit to the Secretary and Congress a report containing the results of the assessment, including proposed solutions for any vulnerabilities identified. SEC. 202. TASK FORCE ON DISQUALIFYING CRIMES. (a) Establishment.--The Secretary of Homeland Security shall establish a task force to review the lists of crimes that disqualify individuals from certain transportation-related employment under current regulations of the Transportation Security Administration and assess whether such lists of crimes are accurate indicators of a terrorism security risk. (b) Membership.--The task force shall be composed of representatives of appropriate industries, including representatives of employee organizations, Federal agencies, and other appropriate entities. (c) Report.--Not later than 180 days after the date of enactment of this Act, the task force shall transmit to the Secretary and Congress a report containing the results of the review, including recommendations for a common list of disqualifying crimes and the rationale for the inclusion of each crime on the list.

Screening Applied Fairly and Equitably to Truckers Act of 2008, or the SAFE Truckers Act of 2008 - Amends the Homeland Security Act 2002 to require the Secretary of Homeland Security to: (1) designate security sensitive material; and (2) prohibit an individual from operating a motor vehicle in commerce while transporting such material, unless the operator of the motor vehicle holds a transportation security card issued by the Secretary. Directs the Secretary to prohibit a person (shipper) from offering a security sensitive material for transportation by motor vehicle, or causing the transportation of such material by motor vehicle, unless the operator of the motor vehicle holds a transportation security card. Sets forth both civil and criminal penalties for persons who violate the requirements of this Act. Prohibits a motor vehicle registered in Mexico or Canada from transporting security sensitive material in U.S. commerce until the operator of the motor vehicle has undergone a background records check similar to that required for U.S. commercial motor vehicle operators licensed to transport security sensitive materials in U.S. commerce. Requires the Secretary to conduct periodically a named-based background check against the U.S. integrated terrorism watch list of all individuals licensed to operate a motor vehicle to transport a hazardous material in commerce. Establishes task forces on: (1) highway security; and (2) crimes disqualifying individuals from certain transportation-related employment.

To amend the Homeland Security Act of 2002 to require motor vehicle operators transporting security sensitive material in commerce to obtain a transportation security card from the Secretary of Homeland Security, and for other purposes.