FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. EXTENSION AND MODIFICATION OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS. (a) Extension and Allocation of Credit Authority.-- (1) Extension.--Paragraph (1) of section 1397E(e) of the Internal Revenue Code of 1986 is amended by striking ``and 2005'' and inserting ``2005, 2006, and 2007''. (2) Allocation of limitation.--Section 1397E(e)(2) of such Code is amended to read as follows: ``(2) Allocation of limitation.-- ``(A) Allocation among states.-- ``(i) Limitation before 2006.--The national zone academy bond limitations for calendar years 1998, 1999, 2000, 2001, 2002, 2003, 2004, and 2005 shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). ``(ii) Limitation after 2005.-- ``(I) In general.--The national zone academy bond limitation for any calendar year after 2005 shall be allocated by the Secretary among the States in proportion to the respective amounts each such State received for basic grants under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the most recent fiscal year ending before such calendar year. ``(II) Minimum allocation.--The allocation under subclause (I) to any State shall in no event be less than 1 percent of the national zone academy bond limitation. The Secretary shall ratably reduce the allocations of States to which this subclause does not apply by the amount required to offset increases in allocations of other States under this subclause. ``(B) Allocation to academies.--The limitation amount allocated to a State under subparagraph (A) shall be allocated by the State to qualified zone academies within such State. ``(C) Designation subject to limitation amount.-- The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under subparagraph (B) for such calendar year.''. (3) Unused authority.--Section 1397E(e) of such Code (relating to limitation on amount of bonds designated) is amended-- (A) by striking ``If'' in paragraph (4) and inserting ``Except as provided in paragraph (5), if'', and (B) by adding at the end the following: ``(5) Reallocation for amounts unused for two years.-- Notwithstanding paragraph (4), rules similar to the rules of section 42(h)(3)(D) shall apply for purposes of this section.''. (b) Proceeds of Bonds May Be Used for Construction.--Paragraph (5) of section 1397E(d) of the Internal Revenue Code of 1986 (defining qualified purpose) is amended-- (1) by striking ``rehabilitating or repairing'' in subparagraph (A) and inserting ``constructing, rehabilitating, or repairing'', and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following: ``(B) acquiring the land on which the facility is to be constructed,''. (c) Repeal of Limitation on Taxpayers Eligible for Credit.-- (1) In general.--Section 1397E(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by striking ``an eligible taxpayer'' and inserting ``a taxpayer''. (2) Conforming amendment.--Section 1397E(d)(6) of such Code is amended to read as follows: ``(6) Bonds held by regulated investment companies.--If any qualified zone academy bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary.''. (d) Credits May Be Stripped.--Section 1397E of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified zone academy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified zone academy bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.'' (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to obligations issued after December 31, 2005. (2) Repeal of restriction on zone academy bond holders.--In the case of bonds to which section 1397E of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of this Act) applies, the limitation of such section to eligible taxpayers (as defined in subsection (d)(6) of such section) shall not apply after the date of the enactment of this Act.

Amends the Internal Revenue Code to modify the tax credit allowed to holders of qualified zone academy bonds to: (1) extend through 2007 the authority for issuing such bonds and the national limitation amounts for such bonds; (2) allocate, after 2005, the bond limitation among states based upon grant amounts received by such states for disadvantaged students under the Elementary and Secondary Education Act of 1965; (3) permit the use of such bonds for constructing public school facilities and for the acquisition of land for such facilities; (4) permit all taxpayers to qualify for the tax credit (currently restricted to banks, finance and insurance companies); and (5) allow the ownership of such bonds and the credit entitlement for holding such bonds to be separate.

A bill to amend the Internal Revenue Code of 1986 to extend and modify the tax credit for holders of qualified zone academy bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Stimulus, Tax Credit Act of 2012''. SEC. 2. DEBIT CARD STIMULUS PROGRAM. (a) In General.--The Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish a debit card stimulus program, under which the Secretary of Commerce shall issue pre-loaded debit cards to eligible taxpayers. (b) Amount on Debit Card.--The amount loaded on a debit card pursuant to subsection (a) shall be the sum of-- (1)(A) $5,000 in the case of an eligible taxpayer who filed a joint return for the first taxable year beginning in 2011, and (B) $3,000 in the case of an eligible taxpayer who filed an individual return of income tax for the first taxable year beginning in 2011, plus (2) $500 only in the case of an eligible taxpayer who uses the debit card to acquire an automobile subject to subsection (f)(5). (c) Eligibility.-- (1) A taxpayer is eligible if the taxpayer is a citizen of the United States and the gross income of the taxpayer for taxable year 2011 does not exceed the applicable limit. (2)(A) For taxpayers filing a joint income tax return the applicable limit is the sum of $75,000, plus the phaseout amount. (B) For taxpayers filing an individual tax return the applicable limit is the sum of $50,000, plus the phaseout amount. (d) Phaseout Amount.--The phaseout amount shall be $4,999 less 20% of that amount for each thousand dollars in gross income above the eligible gross income amounts of $75,000 and $50,000 respectively, resulting in no eligibility at income levels of $80,000 and $55,000 respectively. (e) Gross Income.--The term ``gross income'' has the meaning given such term by Section 61 of the Internal Revenue Code of 1986. (f) Debit Card Stimulus Program.--For purposes of this section, the debit card stimulus program established under subsection (a) is a program which shall be subject to the following terms and conditions: (1) The debit card is active for a 6-month period. Any amount remaining on the debit card at the end of the 6-month period is forfeited. (2) The debit card ceases to be active when the balance on the card is zero. (3) An active debit card is issued to the eligible taxpayer. In the case of a joint return, an active debit card is issued to the taxpayer and a debit card is issued to the spouse of the taxpayer, with the total dollar amount preloaded on both cards jointly equaling the $5,000/$5,500 limit. (4) The debit card may be used for the following types of purchases: (A) Durable goods. (B) Clothes. (C) Services (other than medical services and business-related legal services) performed within the United States. (D) Residential home mortgage payments where the debtor is at least three months in arrears, as of the effective date of this Act. This shall be limited by regulation to a specific portion of the funds provided under this Act. (5) A debit card may only be used for the acquisition of a passenger automobile if-- (A) the original use of the automobile begins with the taxpayer, (B) the acquisition is by way of an 18-month renewable (at the lessee's option) lease, and (C) the automobile was manufactured in the United States by a manufacturer if the headquarters of the parent of the manufacturer (as of December 31, 2008) is either-- (i) located in the United States, or (ii) located in a country which the Secretary of Commerce has certified has opened its markets to all automobiles manufactured in the United States. For purposes of this paragraph, the term ``passenger automobile'' has the meaning given such term by section 32901(a)(18) of title 49, United States Code. (6) The debit card may not be used for any purchase of a good or service, or the acquisition of a passenger automobile under a lease, if the cost of such good, service, or lease is greater than the amount provided under the debit card stimulus program. (7) Not more than one-third of the amount on the debit card may be expended within any 2-month period unless the expenditure is for the acquisition of a single good, service, or lease. (8) Acquisitions after the effective date of the debit card stimulus program (but prior to its implementation) shall be reimbursable under the program, as follows: (A) The sales receipt relating to the acquisition shall be presented to the merchant who provided the goods or services. (B) The merchant would place those acquisitions on the debit card once the program is fully implemented. (9) The program shall be subject to such other terms and conditions as the Secretary of Commerce shall specify by regulations. (g) Eligible Taxpayers.--For purposes of this section-- (1) In general.--A taxpayer is an eligible taxpayer if the taxpayer is a citizen of the United States. (2) Dependents not eligible.--An individual with respect to whom a deduction under section 151 is allowable to another taxpayer for the most recent taxable year for which a return is required (but for any threshold amount) to be filed shall not be treated as an eligible taxpayer for purposes of this section. (3) Special rule relating to prisoners.--An individual may not use a debit card issued pursuant to this section during any period of incarceration in a Federal, State, or local prison. (h) Employee Retention Tax Credit.-- (1) In general.--There shall be allowed to the employer of any qualified retained employee a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 in the amount of the employee retention credit. (2) Employee retention credit.-- (A) In general.--For purposes of paragraph (1), the employee retention credit for the taxable year of the employer which includes the last day of the employee retention period is an amount equal to the excess (if any) of-- (i) $3,000 multiplied by the number of qualified retained employees, less (ii) $3,000 multiplied by the number of specified dismissed employees. (B) Increase in credit amount.--The $3,000 amount in subparagraph (A)(i) shall be increased to the highest level that the Secretary of the Treasury determines would not cause the aggregate amount of the credits allowed by paragraph (1) to be a revenue loss to the Treasury. For purposes of this subparagraph, the determination shall be based on-- (i) the amount of Federal income tax withheld from each qualified retained employee during the period of employment under the program and the employee retention period, and (ii) all unemployment benefits which that employee would have continued to receive during the period of employment under the program and the employee retention period had that employee not been employed. (3) Qualified retained employee.--For purposes of paragraph (1), an employee is a qualified retained employee if the employee-- (A) whose hiring date with the employer is after the beginning of the debit card stimulus program and who first begins work before the end of the program, and (B) who, without a break in service, performs services in the United States for the employer for the employee retention period. (4) Employee retention period.--For purposes of this subsection, the employee retention period is the 6-month period beginning on the day after the end of the debit card stimulus program. (5) Specified dismissed employee.--For purposes of paragraph (1), an employee is a specified dismissed employee of an employer if-- (A) the employee was performing services in the United States for the employer before the beginning of the debit card stimulus program, and (B) the employee was separated from service during the 12-month period beginning on the first day of the program. (6) Employee.--For purposes of this subsection, an employee shall not be taken into account for purposes of this subsection unless the employee typically performs not less than 35 hours of service (or the equivalent thereof) for the employer. For purposes of the preceding sentence, the term ``hour of service'' means a time of service determined under regulations prescribed by the Secretary of Labor. (7) Business credit.--The credit allowed under paragraph (1) shall be treated as a business credit allowed under subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986. (i) Regulations.--The Secretary of the Treasury or the Secretary's delegate shall issue such regulations as may be necessary to carry out this Act. SEC. 3. APPROPRIATIONS. (a) Excess Funds From Operation Enduring Freedom.--Funds made available to the Department of Defense for Overseas Contingency Operations that are in excess of the amounts required by the Department for Operation Enduring Freedom because of the redeployment of members of the Armed Forces of the United States from Afghanistan are hereby made available to carry out this Act. (b) Repatriation of Foreign Earnings.--The amount equal to the taxes received in the Treasury of the United States pursuant to any provision of law enacted pursuant to an Act of Congress enacted after the date of the enactment of this Act which provides for a reduced tax rate on profits held outside the United States by domestic corporations upon the return of such funds to the United States.

Economic Stimulus, Tax Credit Act of 2012 - Directs the Secretary of Commerce to establish a debit card stimulus program for issuing pre-loaded six-month debit cards to eligible taxpayers. Prescribes the amount on the debit card to be the sum of: (1) $5,000 for a taxpayer who filed a joint income tax return for the first taxable year beginning in 2011; (2) $3,000 for a taxpayer who filed an individual income tax return for the same taxable year; plus (3) $500, but only if the taxpayer uses the debit card to acquire a new U.S.-manufactured passenger automobile by way of an 18-month lease (renewable at the lessee's option). Limits a debit card to taxpaying U.S. citizens whose gross income does not exceed $50,000 ($75,000 for those filing joint returns), plus a phaseout amount calculated according to a specified formula. Excludes individuals claimed as dependents on another taxpayer's income tax return. Allows use of the debit card to purchase durable goods, clothes, services (other than medical and business-related legal services) performed within the United States, and the residential home mortgage payments of a debtor at least three months in arrears. Prohibits the use of a debit card for any purchase of a good or service, or the acquisition of a passenger automobile under a lease, if its cost is greater than the amount provided under the debit card stimulus program. Prescribes certain other restrictions on the use of a debit card. Allows an income tax employee retention credit to an employer of any qualified retained employee: (1) whose hiring date with the employer follows the beginning of the debit card stimulus program and who first begins work before the end of the program; and (2) who, without a break in service, performs services in the United States for the employer for the six months following the end of the debit card stimulus program (employee retention period). Sets the amount of an employee retention credit at the excess (if any) of: (1) $3,000 multiplied by the number of qualified retained employees, minus (2) $3,000 multiplied by the number of specified dismissed employees. Makes available to carry out this Act any funds made available to the Department of Defense (DOD) for Overseas Contingency Operations in excess of the amounts required by DOD for Operation Enduring Freedom because of the redeployment of members of the U.S. Armed Forces from Afghanistan.

To direct the Secretary of Commerce to establish a program under which preloaded debit cards are made available for the purchase of certain goods and services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Required Funding for Water Infrastructure Now Act'' or the ``SRF WIN Act''. SEC. 2. INNOVATIVE FINANCING FOR STATE LOAN FUNDS. (a) In General.--The Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end the following: ``SEC. 5036. INNOVATIVE FINANCING FOR STATE LOAN FUNDS. ``(a) Definition of State Loan Funds.--In this section, the term `State loan funds' means-- ``(1) State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); and ``(2) State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.). ``(b) Financial Assistance to State Loan Funds.--The Administrator may provide financial assistance under this section to State infrastructure financing authorities for State loan funds to carry out water and wastewater infrastructure projects in accordance with this section. ``(c) Eligible Activities.-- ``(1) In general.--The following activities may be carried out by a State infrastructure financing authority with financial assistance made available under this section: ``(A) One or more activities that are included in the intended use plan under section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)). ``(B) One or more activities that are included in the project priority list of the intended use plan under section 1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-12(b)). ``(2) Administrative costs.--Financial assistance provided under this section may be used to pay the reasonable costs of administration related to that financial assistance. ``(3) Application fees.--Section 5029(b)(7) shall not apply to financial assistance made available under this section. ``(4) Treatment of projects.--In determining whether to provide financial assistance under this section, the Administrator shall consider a project to be all of the activities included in an intended use plan described in subparagraph (A) or (B) of paragraph (1). ``(5) State and local decisionmaking.--A State infrastructure financing authority that receives financial assistance under this section may use the assistance for any activity included in an intended use plan described in subparagraph (A) or (B) of paragraph (1). ``(d) Requirements.-- ``(1) In general.--Except as otherwise provided in this section, the requirements and procedures under this subtitle shall apply to a project under this section. ``(2) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan provided under this section shall be equal to the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(B) Certain states.-- ``(i) In general.--In the case of a State described in clause (ii)-- ``(I) the interest rate on a secured loan provided under this section shall be 80 percent of the interest rate under subparagraph (A); but ``(II) if there is not sufficient demand for loans under this subparagraph (as determined by the Administrator), the Administrator may provide a secured loan at an interest rate that is not less than 50 percent and not more than 80 percent of the interest rate under subparagraph (A), as determined by the Administrator with respect to each loan. ``(ii) States described.--A State referred to in clause (i) is a State-- ``(I) that received less than 2 percent of the total amount of funds made available to States for the State loan funds for the most recent fiscal year for which data is available; or ``(II) for which the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during the period beginning on January 1, 2017, and ending on the date of enactment of this section, if the secured loan is for a project related to wastewater or drinking water infrastructure damaged by the major disaster. ``(C) Distribution of loans.-- ``(i) In general.--Except as provided in clause (ii), of the total amount of funds made available to provide secured loans under this section-- ``(I) 50 percent shall be provided for secured loans at the interest rate described in subparagraph (A); and ``(II) 50 percent shall be provided for secured loans at the interest rate described in subparagraph (B)(i) to States described in subparagraph (B)(ii). ``(ii) Reallocation.--For any fiscal year, if amounts for loans described in clause (i)(II) remain available, the Administrator may reallocate the amounts to be used for loans described in clause (i)(I) to meet applicant demand. ``(3) Certain state reviews.-- ``(A) In general.--A project under this section shall comply with any applicable State environmental or engineering review requirements pursuant to, as applicable-- ``(i) title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); ``(ii) section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); ``(iii) section 35.3140 of title 40, Code of Federal Regulations (or successor regulations); and ``(iv) section 35.3580 of title 40, Code of Federal Regulations (or successor regulations). ``(B) No new reviews required.--Nothing in this section requires any additional or new environmental or engineering review for a project under this section other than any requirement otherwise applicable to the project. ``(4) Federal share.--Notwithstanding section 5029(b)(9), financial assistance for a project under this section may be used to pay up to 100 percent of the costs of the project. ``(5) Total amount per state.--Financial assistance under this section shall be used to support loans in an amount not to exceed $7,000,000,000 per State for the period of fiscal years 2019 through 2023. ``(e) Expedited Review of Applications.--Not later than 180 days after the date on which the Administrator receives a complete application for a project under this section, the Administrator shall, through a written notice to the State infrastructure financing authority-- ``(1) approve the application; or ``(2) deny the application and provide an explanation as to why the application was denied. ``(f) Funding.-- ``(1) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated to the Administrator to carry out this section $200,000,000 for each of fiscal years 2019 through 2023, to remain available until expended. ``(B) Sense of congress.--It is the sense of Congress that the amounts authorized to be appropriated to carry out this section will support, for each fiscal year-- ``(i) $10,000,000,000 in secured loans at the interest rate described in subsection (d)(2)(A); and ``(ii) $850,000,000 in secured loans at the interest rate described in subsection (d)(2)(B)(i). ``(2) Administrative costs.-- ``(A) In general.--Of the funds made available to carry out this section, the Administrator may use for the administration of this section, including for the provision of technical assistance to aid State infrastructure financing authorities in obtaining the necessary approvals for eligible activities, not more than $5,000,000 for each of fiscal years 2019 through 2023. ``(B) Fee waivers.-- ``(i) In general.--Of the funds made available to carry out this section, the Administrator may use for costs related to processing and reviewing applications, including underwriting, such amounts as are necessary for each of fiscal years 2019 through 2023, to remain available until expended. ``(ii) Other fees.--The funds under clause (i) shall be used in lieu of fees collected under section 5030(b). ``(3) No impact on other federal funding.--No funds shall be made available to carry out this section if-- ``(A) the total amount made available for a fiscal year for the State loan funds is less than the total amount made available for those funds for fiscal year 2018; or ``(B) the amount made available for a fiscal year for assistance under this subtitle (other than this section) is less than the amount made available for that assistance for fiscal year 2018. ``(g) Distribution and Allotment of Funds.-- ``(1) Distribution of funds.--In determining the distribution of funds between the State loan funds, the Administrator shall-- ``(A) provide financial assistance based on need; and ``(B) give equal consideration to drinking water projects and wastewater projects. ``(2) Selection.--Notwithstanding section 5028(b), in providing financial assistance under this section, the Administrator shall select projects based on need, as determined by the Administrator. ``(h) Sunset.--The authority to provide assistance under this section shall terminate on September 30, 2023.''. (b) Funding.--Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912) is amended by inserting ``(other than section 5036)'' after ``this subtitle'' each place it appears. (c) Removal of Pilot Designation.-- (1) Subtitle C of title V of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3901 et seq.) is amended by striking the subtitle designation and heading and inserting the following: ``Subtitle C--Innovative Financing Projects''. (2) Section 5023 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3902) is amended by striking ``pilot'' each place it appears. (3) Section 5034 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3913) is amended by striking the section designation and heading and inserting the following: ``SEC. 5034. REPORTS ON PROGRAM IMPLEMENTATION.''. (4) The table of contents for the Water Resources Reform and Development Act of 2014 (Public Law 113-121; 128 Stat. 1195) is amended-- (A) by striking the item relating to subtitle C of title V and inserting the following: ``Subtitle C--Innovative Financing Projects''; (B) by striking the item relating to section 5034 and inserting the following: ``Sec. 5034. Reports on program implementation.''; and (C) by inserting after the item relating to section 5035 the following: ``Sec. 5036. Innovative financing for State loan funds.''.

Securing Required Funding for Water Infrastructure Now Act or the SRF WIN Act This bill amends the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to allow the Environmental Protection Agency (EPA) to provide additional financial assistance (e.g., low-interest loans) through FY2023 to state infrastructure financing authorities for drinking water state revolving funds (SRFs) and clean water SRFs to carry out certain water and wastewater infrastructure projects. For projects funded under this bill, the EPA: (1) must expedite their application and review process, (2) may provide up to 100% of the project costs, and (3) must provide financial assistance based on need and give equal consideration to drinking water projects and wastewater projects. Total financial assistance provided under this bill may not exceed $7 billion per state. The bill authorizes the U.S. Army Corps of Engineers and the EPA to provide financial assistance under WIFIA to carry out projects for flood damage reduction, storm damage reduction, environmental restoration, or navigation improvement to certain waterways. Under current law, such financial assistance may be provided to only pilot projects.

Securing Required Funding for Water Infrastructure Now Act

SECTION 1. INSPECTOR GENERAL FOR THE FEDERAL BUREAU OF INVESTIGATION. (a) Short Title.--This Act may be cited as the ``Inspector General for the Federal Bureau of Investigation Act of 2001''. (b) Establishment of An Inspector General for the Federal Bureau of Investigation.--The matter following paragraph (3) of section 2 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B); and'' and inserting ``subparagraphs (A) and (B);''; (2) in subparagraph (B), by striking the period and inserting ''; and''; and (3) by adding at the end the following: ``(C) in the establishment of the Department of the Justice-- ``(i) an Office of Inspector General of the Department of Justice; and ``(ii) an Office of Inspector General for the Federal Bureau of Investigation.''. (c) Amendments to Section 8E of the Inspector General Act of 1978.-- (1) Limitation on authority of inspector general.--Section 8E(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(4) Paragraphs (1), (2), and (3) shall apply to the Attorney General and the Director of the Federal Bureau of Investigation, and the Inspector General for the Federal Bureau of Investigation in the same manner and to the same extent as such paragraphs apply to the Attorney General and the Inspector General of the Department of Justice, respectively.''. (2) Duties of inspector general of the department of justice; relationship to the inspector general for the federal bureau of investigation.--Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) by inserting ``(1)'' after ``(b)''; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; and (C) by adding at the end the following: ``(2) The Inspector General of the Department of Justice shall exercise all duties and responsibilities of an Inspector General for the Department of Justice other than the duties and responsibilities exercised by the Inspector General for the Federal Bureau of Investigation. ``(3) The Attorney General shall establish procedures under which the Inspector General of the Department of Justice and the Inspector General for the Federal Bureau of Investigation will-- ``(A) determine how audits and investigations are allocated in cases of overlapping jurisdiction; and ``(B) provide for coordination, cooperation, and efficiency in the conduct of such audits and investigations.''. (3) Transmission of reports.--Section 8E(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) by inserting ``(1)'' after ``(c)''; (B) by striking ``Government Operations'' and inserting ``Government Reform''; and (C) by adding at the end the following: ``(2)(A) Any report made by the Inspector General for the Federal Bureau of Investigation that is required to be transmitted by the Attorney General to the appropriate committees or subcommittees of Congress under section 5(d) shall also be transmitted, within the 7-day period specified under such subsection, to the Director of the Federal Bureau of Investigation. ``(B) Subparagraph (A) shall not apply to any report the subject of which is the Director of the Federal Bureau of Investigation.''. (4) Inspector general for the federal bureau of investigation.--Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(d) The Inspector General for the Federal Bureau of Investigation shall exercise all duties and responsibilities of an Inspector General of an establishment with respect to the Department of Justice and the Attorney General on all matters relating to the Federal Bureau of Investigation. The Inspector General for the Federal Bureau of Investigation shall have sole authority under this Act to conduct an audit or investigation of the Director of the Federal Bureau of Investigation. ``(e) In addition to the requirements of the first sentence of section 3(a), the Inspector General for the Federal Bureau of Investigation should have demonstrated ability to lead a large and complex organization. ``(f) An individual appointed to the position of Inspector General for the Federal Bureau of Investigation, the Assistant Inspector General for Auditing of the Office of the Inspector General for the Federal Bureau of Investigation under section 3(d)(1), the Assistant Inspector General for Investigations of the Office of the Inspector General for the Federal Bureau of Investigation under section 3(d)(2), or any position of Deputy Inspector General of the Office of the Inspector General for the Federal Bureau of Investigation may not be an employee of the Federal Bureau of Investigation-- ``(1) during the 2-year period preceding the date of appointment to such position; or ``(2) during the 5-year period following the date such individual ends service in such position. ``(g)(1) The Attorney General or the Director of the Federal Bureau of Investigation may request, in writing, the Inspector General for the Federal Bureau of Investigation to conduct an audit or investigation relating to the Federal Bureau of Investigation. If the Inspector General for the Federal Bureau of Investigation determines not to conduct such audit or investigation, the Inspector General shall timely provide a written explanation for such determination to the Attorney General or the Director of the Federal Bureau of Investigation. ``(2)(A) Any final report of an audit conducted by the Inspector General for the Federal Bureau of Investigation shall be timely submitted by the Inspector General to the Attorney General and the Director of the Federal Bureau of Investigation. ``(B) The Inspector General for the Federal Bureau of Investigation shall-- ``(i) periodically submit to the Attorney General and the Director of the Federal Bureau of Investigation a list of investigations for which a final report has been completed by the Inspector General; and ``(ii) provide a copy of any such report to-- ``(I) the Attorney General, upon the request of the Attorney General; or ``(II) the Director of the Federal Bureau of Investigation, upon the request of the Director, unless the subject of the report is the Director of the Federal Bureau of Investigation. ``(C) This paragraph applies regardless of whether the applicable audit or investigation is requested under paragraph (1).''. (d) Transfer of Functions.-- (1) In general.--Section 9(a)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended in subparagraph (I)-- (A) by inserting ``(i)'' after ``(I)''; (B) by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(ii) of the Federal Bureau of Investigation, effective 180 days after the date of enactment of the Inspector General for the Federal Bureau of Investigation Act of 2001, the division of such bureau referred to as the `Inspections Division' and that portion of each of the divisions or offices of such bureau which is engaged in internal audit and investigative activities;''. (2) Termination of office of the inspections division.-- Effective upon the transfer of functions under the amendment made by paragraph (1), the division of the Federal Bureau of Investigation referred to as the ``Inspections Division'' and the Federal Bureau of Investigation Office of Professional Responsibility are terminated. (e) Audits and Reports of Agency Financial Statements.--Subject to section 3521(g) of title 31, United States Code-- (1) the Inspector General of the Department of Justice shall, subject to paragraph (2)-- (A) audit each financial statement in accordance with section 3521(e) of such title; and (B) prepare and submit each report required under section 3521(f) of such title; and (2) the Inspector General for the Federal Bureau of Investigation shall-- (A) audit that portion of each financial statement referred to under paragraph (1)(A) that relates to custodial and administrative accounts of the Federal Bureau of Investigation; and (B) prepare that portion of each report referred to under paragraph (1)(B) that relates to custodial and administrative accounts of the Federal Bureau of Investigation. (f) Technical and Conforming Amendments.-- (1) Amendments relating to references to the inspector general of the department of justice.-- (A) Limitation on authority.--Section 8E(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (i) in the first sentence of paragraph (1), by inserting ``of the Department of the Justice'' after ``Inspector General''; (ii) in paragraph (2), by inserting ``of the Department of Justice'' after ``prohibit the Inspector General''; and (iii) in paragraph (3)-- (I) in the first sentence, by inserting ``of the Department of Justice'' after ``notify the Inspector General''; and (II) in the second sentence, by inserting ``of the Department of Justice'' after ``notice, the Inspector General''. (B) Duties.--Section 8E(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (i) in paragraph (1), by striking ``the Inspector General'' and inserting ``such Inspector General''; and (ii) in paragraph (2), by inserting ``of the Department of Justice'' after ``Inspector General''. (2) Employee or contractor complaints.--Section 8H(a)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``Department of Justice'' and inserting ``Federal Bureau of Investigation''. (3) Executive schedule level iv position.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Inspector General, Department of Justice the following: ``Inspector General, Federal Bureau of Investigation.''. (g) Effective Date.--This Act shall take effect 180 days after the date of enactment of this Act.

Inspector General for the Federal Bureau of Investigation Act of 2001 - Amends the Inspector General Act of 1978 to establish in the Department of Justice (DOJ) an Office of Inspector General for the Federal Bureau of Investigation (FBI). Requires the Attorney General to establish procedures under which the Inspectors General for DOJ and the FBI provide for the allocation of audits and investigations in cases of overlapping jurisdiction. Outlines required duties of the Inspector General, including FBI audits and investigations. Transfers appropriate functions to such Inspector General.

A bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish an Inspector General for the Federal Bureau of Investigation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``David `Davy' Crockett Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The year 2005 marks the 175th anniversary of a courageous vote on the floors of Congress by David Crockett. (2) In 1830, during the 21st Congress, Representative David Crockett rose to speak out in opposition to a bill for the funding of the removal of Southeastern Native American tribes to the west of the Mississippi River. (3) He was the only Member of Congress from his State to oppose the bill, was fully aware that the majority of his constituents favored the bill, and understood that he was providing his political foes with an issue that they could--and did--use to attack him. (4) Undaunted by threats of political retaliation, he refused to support a bill designed to remove what he called ``the poor remnants of a once powerful people'' from their ancestral homes, claiming instead that he would ``sooner be honestly and politically damned, than hypocritically immortalized''. (5) The year 2005 also marks the 50th anniversary of the release of a feature-length motion picture that returned David Crockett to the position he had enjoyed 125 years earlier as the classic image of the American frontier and the best reflection of the frontier spirit. (6) As ``Davy'' Crockett, he was popularized in movies and television, and he became a cultural icon of the 1950s. (7) David Crockett first appeared on the national scene as the representative of a new, proud, and irreverent American character and culture, unique and apart from European customs and mores. (8) As a young man from the backwoods of East Tennessee, David Crockett mastered the skills necessary for life on the American frontier, including marksmanship and hunting. (9) The first rifle he owned, with which he developed those skills, is included in the collection at the East Tennessee Historical Society and will be featured prominently when the Historical Society opens its expanded museum exhibit in 2005. (10) His quick wit and natural leadership abilities allowed him to move from the humblest of settings to the halls of Congress. (11) David Crockett was a committed public servant serving 2 terms in the Tennessee General Assembly and 3 terms in the United States House of Representatives. (12) During the last 3 months of his life, he fought with others to secure independence for the Republic of Texas before he died a hero's death at the Alamo at the age of 49. (13) His life was chronicled during and immediately after his lifetime through theatrical productions, biographies, and in a series of almanacs from 1835-1856, galvanizing his persona as a true American folk hero. (14) He has been the subject of at least 17 motion pictures and 12 television programs during the 20th century. (15) David Crockett personified the spirit of independence, individualism, and justice in his opposition to the Indian removal bill, a position that was opposed by powerful political opponents, unpopular with a majority of his own constituents, but dedicated to principle. (16) He was guided in this, as he was throughout his life, by his best-known maxim: ``Be always sure you are right, then go ahead.''. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the achievements and legacy of David Crockett, the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the legacy of David Crockett and his importance to Tennessee, Texas, and the history of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', ``E Pluribus Unum'', and ``David `Davy' Crockett 1786-1836''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of the East Tennessee Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2005, and ending on December 31, 2005. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) $35 per coin for the $5 coin. (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the East Tennessee Historical Society to be used-- (1) to fund capital improvements for The East Tennessee Historical Society and its museum; and (2) to establish an endowment to be a permanent source of support for The East Tennessee Historical Society and its vital mission of preserving, interpreting, and promoting the history of Tennessee, focusing on East Tennessee. (c) Audits.--The East Tennessee Historical Society shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b).

David "Davy" Crockett Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue not more than 100,000 five dollar gold coins and 500,000 one dollar coins emblematic of David Crockett's legacy and his importance to Tennessee, Texas, and the history of the United States; and (2) pay surcharges received from the sale of such coins to the East Tennessee Historical Society to fund capital improvements for the Society and its museum and to establish an endowment as a permanent source of support for the Society and its mission of preserving, interpreting, and promoting the history of Tennessee.

To require the Secretary of the Treasury to mint coins in commemoration of David Crockett and his contributions to American history.

of Disapproval.-- (1) Joint resolution of disapproval defined.--In this section, the term ``joint resolution of disapproval'' means only a joint resolution of the two Houses of Congress-- (A) that does not have a preamble; (B) the title of which is as follows: ``Joint resolution disapproving a nuclear agreement with Iran''; and (C) the matter after the resolving clause of which is as follows: ``That Congress disapproves of the agreement relating to Iran's nuclear program submitted by the President to Congress under section 3(a) of the Iran Nuclear Negotiations Act of 2014 on ______.'', with the blank space being filled with the appropriate date. (2) Reconvening.--Upon receipt by Congress of an agreement described in paragraph (2) of subsection (a), as required by paragraph (1) of that subsection-- (A) the Speaker, if the House of Representatives would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of the agreement; and (B) if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of the agreement. (3) Introduction.--During the 15-calendar day period beginning on the calendar day after the end of the 15-calendar day period described in subsection (b), a joint resolution of disapproval may be introduced-- (A) in the House of Representatives, by the Speaker (or his designee) or the minority leader (or his designee); and (B) in the Senate, by the majority leader (or his designee) or the minority leader (or his designee). (4) Committee referral.--A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations and a joint resolution of disapproval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs. (5) Discharge of committees.--If the committee of either House to which a joint resolution of disapproval has been referred has not reported the joint resolution at the end of the 15-calendar day period after the introduction of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (6) Floor consideration in the house of representatives.-- (A) Motions to proceed.--After the committee authorized to consider a joint resolution of disapproval reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (B) Consideration.--A joint resolution of disapproval shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion, except 20 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. No amendment to, or motion to recommit, a joint resolution of disapproval shall be in order. (C) Appeals.--All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution of disapproval shall be decided without debate. (7) Floor consideration in the senate.-- (A) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee authorized to consider a joint resolution of disapproval reports it to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Debate.--Debate in the Senate on a joint resolution of disapproval, and all debatable motions and appeals in connection with such a resolution, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution of disapproval is not in order. (C) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of disapproval shall be decided without debate. (E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of disapproval, including all debatable motions and appeals in connection with such a joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (8) Rules relating to senate and house of representatives.-- (A) Coordination with action by other house.--If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (i) The joint resolution of the other House shall not be referred to a committee. (ii) With respect to a joint resolution of the House receiving the resolution-- (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (II) the vote on passage shall be on the joint resolution of the other House. (B) Treatment of joint resolution of other house.-- If one House fails to introduce or consider a joint resolution of disapproval under this section, the joint resolution of disapproval of the other House shall be entitled to expedited floor procedures under this section. (C) Treatment of companion measures.--If, following passage of a joint resolution of disapproval in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (9) Rules of the house of representatives and the senate.-- This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Limitation on Funding for Implementation of Agreement.--No funds authorized to be appropriated for the Department of State that remain available for obligation as of the date of the enactment of this Act may be obligated or expended to implement an agreement described in subsection (a)(2), including for the waiver, suspension, or other reduction of any sanctions with respect to Iran pursuant to such an agreement, if-- (1) the President fails to submit the agreement to Congress as required by subsection (a); or (2) a joint resolution of disapproval is enacted into law pursuant to subsection (b). (e) Rule of Construction.--Nothing in this section or any action taken pursuant to this section shall be construed as approval of any waiver, suspension, or other reduction of any sanctions with respect to Iran in connection with any agreement relating to Iran's nuclear program. SEC. 4. PENALTIES FOR NONCOMPLIANCE WITH INTERNATIONAL AGREEMENTS RELATING TO IRAN'S NUCLEAR PROGRAM. (a) Assessment of Compliance.--If any element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) receives information from any person, including the International Atomic Energy Agency, the Secretary of Defense, the Secretary of State, the Secretary of Energy, a foreign government, a foreign intelligence service, or another reputable source, that Iran has failed to comply with the terms of the Joint Plan of Action, any agreement to implement the Joint Plan of Action, or any other agreement related to Iran's nuclear program (including an agreement described in section 3(a)(2)), or has refused to cooperate in any substantive way with appropriate requests of the International Atomic Energy Agency, the Director of National Intelligence shall-- (1) not later than 10 calendar days after receiving that information, determine whether the information is credible and accurate; and (2) submit to the appropriate congressional committees-- (A) the information; and (B) the determination of the Director with respect to whether the information is credible and accurate and the reasons for that determination. (b) Reinstatement of Sanctions.--If the Director of National Intelligence determines that information described in subsection (a) is credible and accurate, any sanctions imposed with respect to Iran that have been waived, suspended, or otherwise reduced in connection with negotiations with Iran relating to Iran's nuclear program, without regard to whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act, shall be reinstated in full by action of law on that date that is 5 calendar days after the date of the determination. SEC. 5. ENFORCEMENT OF TIMELINE FOR NEGOTIATING NUCLEAR AGREEMENTS WITH IRAN. Any sanctions imposed with respect to Iran that have been waived, suspended, or otherwise reduced in connection with negotiations with Iran relating to Iran's nuclear program, without regard to whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act, shall be reinstated in full by action of law on November 28, 2014, unless, before that date, the President-- (1) submits to Congress an agreement described in paragraph (2) of section 3(a) as required by paragraph (1) of that section; and (2) certifies to the appropriate congressional committees that the agreement is a comprehensive and long-term agreement that-- (A) addresses all key aspects of Iran's nuclear program; and (B) is of a duration that is significantly longer than any nuclear-related agreement between the United States and Iran entered into before the date of the enactment of this Act.

Iran Nuclear Negotiations Act of 2014 - Directs the President, within three days after entering into a U.S.-Iran agreement relating to Iran's nuclear program, to submit such agreement to Congress. Provides for: (1) a 15-day review period by the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs, and (2) a subsequent 15-day period in which a joint resolution of disapproval may be introduced in the House and in the Senate for expedited consideration. Prohibits the use of any Department of State funds available for obligation to implement a nuclear program agreement with Iran, including any related sanctions reduction, if: (1) the President fails to submit the agreement to Congress, or (2) a joint resolution of disapproval is enacted into law. Provides that: if any element of the intelligence community receives information from a reputable source that Iran has failed to comply with the terms of the Joint Plan of Action, or any other agreement related to Iran's nuclear program, the Director of National Intelligence shall determine within 10 days whether the information is credible and accurate, and submit it to Congress; and upon the Director's determination of the information's credibility and accuracy, any sanctions on Iran that have been waived, suspended, or otherwise reduced in connection with Iran's nuclear program shall be reinstated within five days. Reinstates by action of law on November 28, 2014, any sanctions on Iran that have been waived, suspended, or otherwise reduced in connection with Iran's nuclear program, unless before that date the President submits to Congress a comprehensive and long-term agreement that: (1) addresses all key aspects of Iran's nuclear program, and (2) is significantly longer in duration than any previous U.S.-Iran nuclear agreement.

Iran Nuclear Negotiations Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Rural and Small Railroad Preservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) a well-developed system of transportation and infrastructure is critical to the economic well being, health, and welfare of the United States; (2) a national emergency exists that threatens the survival of essential rail transportation infrastructure, especially infrastructure serving rural areas of the country; (3) a failure to address the growing crisis will result in rail line abandonments which will add to highway costs and congestion, thus increasing highway traffic that will lead to a degradation of safety, increase environmental damage, and further economically disadvantage rural areas of the country; (4) traditional funding techniques are unable to keep pace with the rail infrastructure investment needs in rural areas, including the requirement to upgrade track and bridges, to ensure safety, and to accommodate 286,000 pound freight cars; (5) the requirement that railroads pay a 4.3-cent diesel fuel excise tax into the general fund of the Treasury, while similar taxes on competing modes of transportation improve the infrastructures for those competing modes, is inequitable; and (6) a temporary Federal program utilizing the proceeds of the 4.3-cent railroad fuel tax to address the national emergency and preserve freight rail service is in the national interest as long as the 4.3-cent diesel tax on railroads is in existence. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Establishment.--The Secretary of Transportation shall establish a program to preserve, rehabilitate, and improve rail tracks and bridges of Class II and III freight railroads to ensure that such railroads can be operated safely and can accommodate 286,000 pound rail cars. (b) Allocation of Funds.-- (1) Eligible recipients.--The Secretary shall allocate funds made available to carry out this section to entities making applications to the Secretary for such funds, including State and local governments, government-sponsored authorities and corporations, and Class II and III railroads. (2) Criteria.--In allocating funds made available to carry out this section, the Secretary shall give priority to applications that-- (A) propose the rehabilitation or improvement of track and bridges to a condition sufficient to accommodate 286,000 pound rail cars at speeds of at least 25 mph; or (B) are designated by a State Department of Transportation as-- (i) preserving an essential link in the State's transportation network; (ii) providing a cost efficient alternative to a highway connection or highway project; or (iii) enhancing safety. (3) Equitable distribution.--In allocating funds to carry out this section, the Secretary shall ensure the equitable distribution of funds to a diversity of geographic regions. (c) Use of Funds.-- (1) Types of projects.--Funds available under this section may be used only for capital rehabilitation and improvement projects to Class II and III rail freight lines to-- (A) upgrade track and bridges to accommodate 286,000 pound freight cars; or (B) promote essential service and enhance safety. (2) Types of funding.--The Secretary may make direct grants for the purposes stated in paragraph (1), and may make grants to supplement direct loans and loan guarantees under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) to provide for such benefits as a holiday on early payments, lowering rates of interest, or paying credit risk premiums or premium risk subsidy amounts in whole or in part. (d) Railroad Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following section: ``SEC. 9511. RAILROAD TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Railroad Trust Fund', consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Railroad Trust Fund amounts equivalent to the taxes received in the Treasury under clause (ii) of section 4041(a)(1)(C) (relating to rate of tax on trains). ``(c) Expenditures.--Amounts in the Railroad Trust Fund shall be available, as provided by appropriation Acts, for making expenditures under the Emergency Rural and Small Railroad Preservation Act, as in effect on the date of the enactment of this section.''. (2) Clerical amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Railroad Trust Fund.''. (3) Effective date.--The amendments made by this subsection shall apply to amounts received after the date of the enactment of this Act. (e) Administration.--The Secretary shall give priority to projects that are economically viable, and shall require a non-Federal matching contribution of at least 10 percent. The Secretary shall make grants available no later than 90 days following the availability of appropriations for each fiscal year. (f) Study.--Section 22301(d) of title 49, United States Code, is amended by inserting ``, and of projects carried out with assistance under the Emergency Rural and Small Railroad Preservation Act,'' after ``under this section''.

Amends the Internal Revenue Code to establish the Railroad Trust Fund consisting of amounts derived from taxes on trains to be used to carry out this Act.

Emergency Rural and Small Railroad Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Protection Act of 2009''. SEC. 2. REQUIREMENT OF CRIMINAL BACKGROUND CHECKS. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following new section: ``SEC. 658H. CRIMINAL BACKGROUND CHECKS. ``(a) In General.--A State that receives funds to carry out this subchapter shall have in effect-- ``(1) requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c); and ``(2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c). ``(b) Requirements.--A criminal background check for a child care staff member under subsection (a) shall include-- ``(1) a search of the State criminal registry or repository in the State where the child care staff member resides and each State where such staff member previously resided; ``(2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides and each State where such staff member previously resided; ``(3) a search of the National Crime Information Center; ``(4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and ``(5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ``(c) Prohibitions.-- ``(1) Child care staff members.--A child care staff member shall be ineligible for employment by a child care provider that is licensed, regulated, or registered by the State or receives funds provided under this subchapter in a State if such individual-- ``(A) refuses to consent to the criminal background check described in subsection (b); ``(B) makes a false statement in connection with such criminal background check; ``(C) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); ``(D) has been convicted of a felony consisting of-- ``(i) murder, as described in section 1111 of title 18, United States Code; ``(ii) child abuse or neglect; ``(iii) a crime against children, including child pornography; ``(iv) spousal abuse; ``(v) a crime involving rape or sexual assault; ``(vi) kidnaping; ``(vii) arson; or ``(viii) physical assault, battery, or a drug-related offense, committed within the past 5 years. ``(2) Child care providers.--A child care provider described in paragraph (1) shall be ineligible for funds provided under this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1). ``(d) Submittal of Requests for Background Checks.-- ``(1) In general.--A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider. ``(2) Staff members.--In the case of an individual who became a child care staff member before the date of enactment of the Child Care Protection Act of 2009, the provider shall submit such a request-- ``(A) prior to the last day described in subsection (i)(1); and ``(B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. ``(3) Prospective staff members.--In the case of an individual who is a prospective child care staff member on or after than that date of enactment, the provider shall submit such a request-- ``(A) prior to the date the individual becomes a child care staff member of the provider; and ``(B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member. ``(e) Background Check Results and Appeals.-- ``(1) Background check results.--The State shall carry out the request of a child care provider for a criminal background check as expeditiously as possible and shall provide the results of the criminal background check to such provider. ``(2) Appeals.--The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information contained in such member's criminal background report. ``(f) Fees for Background Checks.--Fees that a State may charge for the costs of conducting a criminal background check as required by this section shall not exceed the actual costs to the State for the administration of such criminal background checks. ``(g) Construction.--Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear upon an individual's fitness to provide care for and have responsibility for the safety and well-being of children. ``(h) Definitions.--In this section-- ``(1) the term `child care provider' means a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation and on a regular basis that-- ``(A) is not an individual who is related to all children for whom child care services are provided; and ``(B) is licensed, regulated, or registered under State law or receives funds provided under this subchapter; and ``(2) the term `child care staff member' means an individual (other than an individual who is related to all children for whom child care services are provided)-- ``(A) who is employed by a child care provider for compensation; ``(B) whose activities involve the care or supervision of children for a child care provider or access to children who are cared for or supervised by a child care provider; or ``(C) who is a family child care provider. ``(i) Effective Date.-- ``(1) In general.--A State that receives funds to carry out this subchapter shall meet the requirements of this section for the provision of criminal background checks for child care staff members described in subsection (d)(1) not later than the last day of the second full fiscal year after the date of enactment of the Child Care Protection Act of 2009. ``(2) Extension.--The Secretary may grant a State an extension of time, of not more than 1 fiscal year, to meet the requirements of this section if the State demonstrates a good faith effort to comply with the requirements of this section. ``(3) Penalty for noncompliance.--Except as provided in paragraphs (1) and (2), for any fiscal year that a State fails to comply substantially with the requirements of this section, the Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State under this subchapter for the following fiscal year.''.

Child Care Protection Act of 2009 - Amends the Child Care and Development Block Grant Act of 1990 to require states that receive funds under such Act to: (1) require and conduct criminal background checks for staff members of child care providers; (2) prohibit the employment of a child care staff member who refuses to consent to a criminal background check, makes a false statement in connection with such background check, is registered as a sex offender, or is a convicted felon involving certain crimes; and (3) provide criminal background checks to child care providers upon request. Imposes a financial penalty on states that fail to comply substantially with the requirements of this Act.

A bill to amend the Child Care and Development Block Grant Act of 1990 to require criminal background check for child care providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ryan White Grantee Medicaid Payment Equity Act of 2009''. SEC. 2. MEDICAID PAYMENT FOR SERVICES FURNISHED BY RYAN WHITE PART C GRANTEES ON A COST-BASED PROSPECTIVE PAYMENT SYSTEM. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(15), by inserting before the semicolon at the end the following: ``and provide for payment for services described in section 1905(a) provided by a recipient of a grant under part C of title XXVI of the Public Health Service Act in accordance with subsection (gg)''; and (2) by adding at the end the following new subsection: ``(gg) Payment for Services Provided by Ryan White Part C Grantees.-- ``(1) In general.--Beginning with fiscal year 2010 with respect to services furnished on or after January 1, 2010, and each succeeding fiscal year, the State plan shall provide for payment for services described in section 1905(a) (in this subsection referred to as `Medicaid covered services') furnished by a recipient of a grant under part C of title XXVI of the Public Health Service Act (in the subsection referred to as a `grantee') in accordance with the provisions of this subsection. ``(2) Fiscal year 2010.--Subject to paragraph (4), for services furnished on and after January 1, 2010, during fiscal year 2010, the State plan shall provide for payment for such services in an amount (calculated on a per visit or similar basis as specified by the Secretary) that is equal to 100 percent of the average of the costs of the grantee of furnishing such services during fiscal years 2008 and 2009 which are reasonable and related to the cost of furnishing such services, or based on such other tests of reasonableness as the Secretary prescribes in regulations under section 1833(a)(3), or, in the case of services to which such regulations do not apply, the same methodology used under section 1833(a)(3), adjusted to take into account any increase or decrease in the scope of such services furnished by the grantee during fiscal year 2010. ``(3) Fiscal year 2011 and succeeding fiscal years.-- Subject to paragraph (4), for services furnished during fiscal year 2011 or a succeeding fiscal year, the State plan shall provide for payment for such services in an amount (calculated on a per visit or similar basis) that is equal to the amount calculated for such services under this subsection for the preceding fiscal year-- ``(A) increased by the percentage increase in the MEI (as defined in section 1842(I)(3)) applicable to primary care services (as defined in section 1842(I)(4)) for that fiscal year; and ``(B) adjusted to take into account any increase or decrease in the scope of such services furnished by the grantee during that fiscal year. ``(4) Establishment of initial year payment amount for new grantees.--In any case in which an entity first becomes a grantee after fiscal year 2009, the State plan shall provide for payment for Medicaid covered services furnished by the entity in the first fiscal year in which the entity so qualifies in an amount (calculated on a per visit or similar basis) that is equal to 100 percent of the costs of furnishing such services during such fiscal year based on the rates established under this subsection for the fiscal year for other such grantees located in the same or adjacent area with a similar case load or, in the absence of such a grantee, in accordance with the regulations and methodology referred to in paragraph (2) or based on such other tests of reasonableness as the Secretary may specify. For each fiscal year following the fiscal year in which the entity first qualifies, the State plan shall provide for the payment amount to be calculated in accordance with paragraph (3). ``(5) Administration in the case of managed care.-- ``(A) In general.--In the case of services furnished by a grantee pursuant to a contract between the grantee and a managed care entity (as defined in section 1932(a)(1)(B)), the State plan shall provide for payment to the grantee by the State of a supplemental payment equal to the amount (if any) by which the amount determined under paragraphs (2), (3), and (4) exceeds the amount of the payments provided under the contract. ``(B) Payment schedule.--The supplemental payment required under subparagraph (A) shall be made pursuant to a payment schedule agreed to by the State and the grantee, but in no case less frequently than every 4 months. ``(6) Alternative payment methodologies.--Notwithstanding any other provision of this section, the State plan may provide for payment in any fiscal year to a grantee for Medicaid covered services in an amount which is determined under an alternative payment methodology that-- ``(A) is agreed to by the State and the grantee; and ``(B) results in payment to the grantee of an amount which is at least equal to the amount otherwise required to be paid to the grantee under this subsection.''. (b) Effective Date.-- (1) Except as provided in paragraph (2), the amendments made by subsection (a) shall apply to services furnished on or after January 1, 2010, without regard to whether or not final regulations to carry out such amendment shave been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Ryan White Grantee Medicaid Payment Equity Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid plan to provide for payment for Medicaid services furnished by a recipient of a grant under part C of title XXVI of the Public Health Service Act (Ryan White Part C grantees) under a cost-based prospective payment system.

To amend title XIX of the Social Security Act to provide for payment for Medicaid services furnished by Ryan White part C grantees under a cost-based prospective payment system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Safety Act of 2008''. SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC. The Secretary of Transportation shall modify regulations issued pursuant to section 1402 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1227) to allow fire services personnel that are subject to the regulations to wear apparel meeting the high visibility requirements set forth in NFPA 1971-2007 (Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting) in lieu of apparel meeting the requirements set forth in ANSI/ISEA 107-2004. SEC. 3. POSITIVE PROTECTIVE DEVICES. Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall modify section 630.1108(a) of title 23, Code of Federal Regulations, to ensure that-- (1) at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (e.g., tunnels, bridges, etc.), unless an engineering analysis determines otherwise; (2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in stationary work zones lasting 2 weeks or more when the project design speed is 45 miles per hour or greater and the nature of the work requires workers to be within one lane-width from the edge of a live travel lane, unless an engineering analysis determines otherwise; and (3) when positive protective devices are necessary for highway construction projects, these devices are paid for on a unit pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts where the contractor is paid to assume a certain risk allocation and payment is generally made on a lump sum basis. SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO FURTHER STATE STRATEGIC HIGHWAY SAFETY PLANS. Section 112 of title 23, United States Code, is amended by adding at the end the following: ``(h) Use of Patented or Proprietary Items To Further State Strategic Highway Safety Plans.--The Secretary shall approve the use of Federal funds made available to carry out this chapter in the payment of patented or proprietary items if the State transportation department certifies, based on the documented analysis and professional judgment of qualified State transportation officials, that-- ``(1) the patented or proprietary item will contribute to the accomplishment of one or more goals set forth in the State's strategic highway safety plan; ``(2) no equally suitable alternative item exists; ``(3) any specified patented or proprietary item will be clearly identified as a patented or proprietary item in bid documents; and ``(4) any patented or proprietary item specified pursuant to this certification will be available in sufficient quantity to complete any project identified in bid documents.''. SEC. 5. MINIMUM LEVEL OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS. Not later than October 1, 2010, the Secretary of Transportation shall revise the Manual on Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel. SEC. 6. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(A)(xi) of title 23, United States Code, is amended to read as follows: ``(xi) Installation, replacement, and upgrade of highway signs and pavement markings, including any upgrade of materials and the implementation of any assessment or management method designed to meet a State-established performance standard, Federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity.''. (b) Minimum Levels of Retroreflectivity.--Section 148 of such title is amended by adding at the end the following: ``(i) Minimum Levels of Retroreflectivity.--Not later than September 30, 2010, the Secretary shall establish a program to require each State-- ``(1) to conduct an assessment for each fiscal year of the financial obligations, if any, of each unit of local government in the State attributable to a national standard for maintaining minimum levels of retroreflectivity in traffic signs and pavement markings; and ``(2) to provide to each unit of local government in the State, out of amounts made available to carry out this chapter, funds in an amount not less than 90 percent of the financial obligations, if any, of the unit of local government identified under paragraph (1).''. SEC. 7. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS. (a) In General.--The Secretary of Transportation shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23, United States Code) in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled ``Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians 9FHWA- RD-01-103)'' and dated October 2001. (b) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion sums authorized to be appropriated to carry out this section for such fiscal year among the several States using the formula set forth in section 104(b)(5) of title 23, United States Code. (c) Federal Share.--The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code. (d) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $90,000,000 to carry out this section for each of fiscal years 2010 through 2014. (e) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. SEC. 8. RAILWAY-HIGHWAY GRADE CROSSINGS. (a) Transparency of State Survey and Schedule of Railway-Highway Grade Crossings.--Section 130(d) of title 23, United States Code, is amended by adding at the end the following: ``Each State shall make surveys and schedules compiled under this subsection available to the public through the Internet Web site of the State.''. (b) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out section 130 of title 23, United States Code, $220,000,000 for each of fiscal years 2010 through 2014. (c) Conforming Amendments.--Section 130 of title 23, United States Code, is amended-- (1) in subsection (e)(1) by striking the first sentence; and (2) in subsections (f)(1) and (f)(3) by striking ``set aside'' and inserting ``made available''. SEC. 9. REVIEW OF SAFETY OF HIGHWAY-RAIL GRADE CROSSINGS. (a) In General.--The Secretary of Transportation shall conduct a comprehensive review of the safety of all highway-rail grade crossings in the United States. (b) Method.--In reviewing the safety of a highway-rail grade crossing under subsection (a), the Secretary shall-- (1) assess, at a minimum, safety conditions, average daily traffic, proximity to schools, past accidents, fatalities, and possible safety improvements; and (2) determine the best method for making the crossing safer, including closings, grade separations, installation of protective devices, or other methods. (c) Priority List.--Based on the information collected in conducting the comprehensive review under subsection (a), the Secretary shall compile, maintain, and submit to Congress a list of the 10 highway-rail grade crossings in each State that have the greatest need for safety improvements. (d) Inclusion in Highway-Rail Grade Crossing Database.--The Secretary shall include the information collected in conducting the comprehensive review under subsection (a), and the priority list submitted under subsection (c), in the national database on the safety of highway-rail grade crossings required under section 20156(a) of title 49, United States Code, as added by section 10 of this Act. (e) Update.--The Secretary shall update the comprehensive review under subsection (a) at least once every 4 years. (f) Availability of Information.--The Secretary shall make priority lists and databases compiled under this section available to the public through the Internet Web site of the Department of Transportation. (g) Limitation on Use of Data in Judicial Proceedings.-- Notwithstanding any other provision of law, any report, review, survey, schedule, list, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of a potential accident site or railway-highway crossing pursuant to this section shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such report, review, survey, schedule, list, or data. SEC. 10. HIGHWAY-RAIL GRADE CROSSING SAFETY. (a) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20156. Highway-rail grade crossing safety information ``(a) Establishment of Database.--The Secretary of Transportation shall establish and maintain a national database of information on the safety of highway-rail grade crossings in the United States. ``(b) Accident and Incident Reports To Be Included in Database.-- The Secretary shall include in the database under subsection (a) information from incident reports filed with the Federal Railroad Administration regarding accidents and other safety-related incidents that have occurred at highway-rail grade crossings.''. (b) Clerical Amendment.--The analysis for subchapter II of such chapter is amended by adding at the end the following: ``20156. Highway-rail grade crossing safety information.''.

Surface Transportation Safety Act of 2008 - Directs the Secretary of Transportation to modify certain federal regulations to: (1) allow fire services personnel to wear high visibility apparel meeting certain requirements; and (2) ensure that positive protective measures (including temporary longitudinal traffic barriers) are used to separate workers on highway construction projects from motorized traffic. Directs the Secretary to approve the use of federal-aid highway funds for patented or proprietary items that further the goals of state strategic highway safety plans. Directs the Secretary of Transportation to revise the Manual on Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel. Revises requirements for the highway safety improvement program to count installation, replacement, and upgrade of highway signs and pavement markings as a highway safety improvement project. Directs the Secretary to: (1) require each state to assess local government financial obligations to maintain minimum levels of retroreflectivity in traffic signs and pavement markings; and (2) provide local governments funding for at least 90% of such obligations. Directs the Secretary to: (1) carry out a program to improve traffic signs and pavement markings for older drivers and pedestrians in all states; (2) review the safety of all highway-rail grade crossings in the United States and, based on such review, compile a list of the ten highway-rail grade crossings having the greatest need for safety improvements; and (3) establish a national database of information on the safety of highway-rail grade crossings in the United States.

To direct the Secretary of Transportation to carry out programs and activities to improve highway safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Starting Early Starting Right Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Children in child care learn and develop skills they need to succeed in school and in life. Child care is also fundamental to helping families get ahead by giving parents the support and peace of mind they need to be productive at work. (2) Child care teachers and providers carry the responsibility of providing a safe, nurturing, and stimulating setting for children entrusted to them each day. (3) In 2006, the average wage for a child care worker was $9.05 per hour or $18,820 annually. For full-time, full-year work this is only slightly above the 2006 poverty guidelines of $16,600 for a mother with 2 children. (4) As a result of low wages and limited benefits, many child care providers do not work for long periods in the child care field. Only 65 percent of those employed in the child care field in 2005 were still working in child care in 2006. Such high turnover rates deny children consistent and stable relationships with their teachers. (5) Current reimbursement rates for child care providers receiving Federal funds are insufficient to recruit and retain qualified child care providers and to ensure high-quality early care and education services for children. (6) Research shows that high-quality child care helps low- income children enter school ready to succeed. One study found that children who had enrolled in high-quality child care demonstrated greater mathematical ability and thinking and attention skills, and experienced fewer behavior problems than other children in second grade. Effects were particularly strong for low-income children. (7) Millions of low-income children could benefit from high-quality child care. In 2007, 10,500,000 children under age 6 (43 percent) lived in low-income families (families with incomes below 200 percent of poverty). (8) Inadequate funding has reduced the number of children with access to child care. Only about 1 in 7 eligible children receives Federal child care assistance. (9) Many women work in low-wage jobs and cannot cover the cost of child care. For example, two-thirds of working poor families headed by single mothers who paid for child care spent at least 40 percent of their cash income on child care. (10) Problems with child care can make it difficult for parents, particularly low-income parents, to work, causing them to lose wages, be denied a promotion, or lose their jobs. (11) Research shows that single mothers and former welfare recipients who received child care assistance were much more likely to remain employed after 2 years than those who did not receive child care assistance. (b) Purpose.--The purpose of this Act is to improve-- (1) access to high-quality early learning and child care for low-income children and working families; and (2) the quality of child care and the number of high- quality child care providers. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended by striking ``subchapter'' and all that follows and inserting ``subchapter $4,127,181,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.''. (b) Application and Plan.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (E)-- (i) redesignating clause (ii) as clause (iii); and (ii) by inserting after clause (i), the following: ``(ii) Site visits.--Certify that the State has in effect licensing requirements applicable to child care providers within the State that include one annual announced and one annual unannounced visit to each site at which the provider provides child care services. Nothing in the preceding sentence shall be construed to require that licensing requirements be applied to specific types of providers of child care services. ``(iii) Training.--Certify that the State has in effect licensing or registration requirements applicable to child care providers within the State that require, within 3 years of the date of enactment of the Starting Early Starting Right Act, that every lead teacher or aide of the provider, and each family child care provider-- ``(I) have at least 40 hours of appropriate health, safety, and child development training prior to their employment with or operation as a provider (as determined in accordance with guidelines to be issued by the Secretary); and ``(II) have at least 24 hours of annual training in appropriate health, safety, and child development training (as determined in accordance with guidelines to be issued by the Secretary). ``(iv) Other training.--Certify that the State has a plan to implement, within 3 years of the date of enactment of the Starting Early Starting Right Act, pre- and in-service training requirements applicable to child care providers that provide services for which assistance is made available under this subchapter. ``(v) Training for limited english proficient (lep) providers.--Certify that the State has a plan to provide for the training of child care service providers with limited- English-proficiency to provide high-quality child care services.''; (B) in subparagraph (H)-- (i) by striking ``Demonstrate the manner'' and inserting the following: ``(i) In general.--Demonstrate the manner''; and (ii) by adding at the end the following: ``(iii) Specific needs.--Demonstrate the manner in which the State will meet the specific child care needs of low-income and working families, including-- ``(I) the outreach strategies to be used to reach hard-to-serve children, including low-income children, English language learners, children with special needs, and children in rural areas; ``(II) the use of contracts with child care centers, family child care homes, and organizations that manage and support family child care networks to reach hard-to-serve children and underserved communities; ``(III) the use of pilot or demonstration projects to increase the supply of high-quality child care in underserved communities; ``(IV) the use of pilot or demonstration projects that demonstrate effective techniques and approaches of specialized training for child care service providers with limited-English- proficiency to improve their ability to provide high-quality child care services; and ``(V) the use of pilot or demonstration projects that demonstrate effective techniques and approaches of specialized training for child care providers working with children with developmental disabilities.''; and (C) by adding at the end the following: ``(I) Continuous care.--Demonstrate how the State is implementing practices and procedures to help ensure that children receive continuous care from the same provider, including through-- ``(i) the use of contracts with child care centers, family child care homes, and organizations that manage and support family child care networks for underserved populations; ``(ii) extending periods of redetermination for all families to 1 year; ``(iii) extending periods of job search eligibility; and ``(iv) informing families and providers that eligibility is ending in a timely manner and in multiple formats.''; and (2) in paragraph (4)-- (A) by redesignating subparagraph (B) as subparagraph (D); and (B) by inserting after subparagraph (A), the following: ``(B) In general.--The State plan shall provide information demonstrating that the State is ensuring that payment rates for the provision of child care services for which assistance is provided under this subchapter are equal to or exceed the 75th percentile of the current market rate for all types of child care, based on a research-based market rate survey that includes variations for geography, age of children, and provider type. ``(C) Child care for special populations.--The State plan shall describe efforts to address the need for child care for special populations, including care in low-income and rural areas, care for infants and toddlers, care for children with special needs, care for other populations, and care during nonstandard hours, such as paying rates for the provision of child care services for which assistance is provided under this subchapter that exceed the 75th percentile of a current market rate for all types of care (based on the survey under subparagraph (B).''. (c) Activities To Improve the Quality of Child Care.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended to read as follows: ``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE. ``(a) In General.--A State that receives funding to carry out this subchapter for a fiscal year, shall use not less than 15 percent of the amount of such funds for activities that are designed to improve the quality of child care, including the implementation of 1 or more of the following: ``(1) Developing and implementing a Quality Rating and Improvement System (referred to in this section as the `QRIS') for child care centers and family child care homes, including criteria appropriate for each age group eligible for assistance under this subchapter with levels that lead to nationally recognized high standards. ``(2) Providing assistance for education, training, and compensation initiatives to assist child care providers in meeting and maintaining the criteria for achieving progressively higher rating levels under the QRIS. ``(3) Providing grants and other types of assistance, including mentoring, to assist child care providers in meeting and maintaining the criteria for achieving progressively higher rating levels under the QRIS. ``(4) Maintaining a Statewide network of child care resource and referral programs. ``(5) Inspecting and monitoring child care programs. ``(6) Providing grants to assist child care providers, including those who are limited-English-proficient, in becoming licensed or regulated and in meeting pre-service and ongoing training requirements. ``(7) Offering other assistance to child care providers to strengthen the quality of child care, including support for education and training initiatives tied to compensation. ``(8) Providing grants to assist child care providers who are not required to be licensed or registered in receiving appropriate training and support. ``(9) Developing and implementing technological resources to assist low-income families in applying for child care assistance as well as to educate families concerning the range of and quality ratings of various child care providers. ``(b) Extension for Full-Day Care.--A State that receives funding to carry out this subchapter for a fiscal year, shall use not less than 5 percent of the amount of such funds for activities that are designed to fund activities to extend the day or year for those children who are eligible for child care services and attend part day or year programs. ``(c) High-Quality Care for Infants and Toddlers.--A State that receives funding to carry out this subchapter for a fiscal year shall use not less than 30 percent of the amount of such funds for activities that are designed to fund initiatives to improve the quality and expand the availability of high-quality care for infants and toddlers.''. (d) Reporting Requirements.--Section 658K(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is amended by adding at the end the following: ``(3) Biannual reports.--Not later than December 31, 2009, and every 2 years thereafter, a State that operates a Quality Rating and Improvement System (referred to in this section as the `QRIS') shall prepare and submit to the Secretary a report that includes aggregate data concerning-- ``(A) the number of licensed centers and family child care providers in the State; ``(B) the number of child care providers in each level of the State QRIS, listed by type, race and ethnicity, geographic area of the State, and number of children that each such provider is licensed to serve; ``(C) the disaggregated number and percentages of children receiving child care assistance under this subchapter in each level of the State QRIS; ``(D) whether any change occurred in the number and percentage of child care providers in each level of the State QRIS, listed by type, geographic area of the State, and number of children each such provider is licensed to serve; ``(E) the disaggregated number and percentage of children receiving child care assistance under this subchapter who are receiving care from child care providers in a higher-quality level (as determined under the State QRIS) as compared to the previous 12- month period; ``(F) the disaggregated number of child care providers in low-income communities who have moved up to a higher-quality level of child care (as determined under the State QRIS) as compared to the previous 12- month period; and ``(G) the average child care reimbursement rate under this subchapter at each level of the State QRIS, listed by provider type, race and ethnicity, and geographic area of the State. ``(4) 5-year report.--Not later than December 31, 2014, and every 5 years thereafter, a State described in paragraph (1)(A) shall prepare and submit to the Secretary a report that includes aggregate data concerning the average individual compensation paid for each of the following in all licensed child care programs, disaggregated by race, ethnicity, credentials, and program type in the State: ``(A) Lead teacher. ``(B) Classroom assistant or aide. ``(C) Family child care provider. ``(D) Family child care assistant.''.

Starting Early Starting Right Act - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations to carry out the Child Care and Development Block Grant program for FY2011-FY2014. Requires the state plan under the Act to certify that the state has in effect: (1) licensing requirements applicable to child care providers within the state that include one annual announced and one annual unannounced visit to each site at which the provider provides child care services; and (2) licensing or registration requirements pertaining to training. Requires the state plan to: (1) demonstrate the manner in which the state will meet the specific child care needs of low-income and working families and how it is implementing practices and procedures to help ensure that children receive continuous care from the same provider; (2) provide information demonstrating that the state is ensuring that payment rates for the provision of child care services for which assistance is provided are equal to or exceed the 75th percentile of the current market rate for all types of child care; and (3) describe efforts to address the need for child care for special populations. Increases from 4% to 15% the maximum amount of child care and development block grant funds that a state may use for specified activities designed to improve the quality of child care. Provides for minimum funding set-asides for: (1) extension of full-day care; and (2) high-quality care for infants and toddlers.

A bill to amend the Child Care and Development Block Grant Act of 1990 to improve access to high quality early learning and child care for low-income children and working families, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be known as the ``National Firearms Exchange Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the Nation is afflicted with an enormous problem relating to crimes of violence; (2) there are more than 200,000,000 firearms on the Nation's streets; (3) such firearms are the cause of numerous deaths and injuries to the Nation's citizens; and (4) it is essential that the Nation act to rid itself of such firearms and protect the safety of its citizens. (b) Purpose.--The purpose of this Act is-- (1) to authorize the Director of the Bureau of Justice Assistance to approve local programs that exchange merchandise vouchers for firearms; (2) to authorize the Director to make grants to the programs; (3) to provide amnesty from certain Federal statutes concerning firearms for individuals who surrender, or are in the process of surrendering, firearms under the programs; and (4) to allow a tax deduction for taxpayers who donate merchandise vouchers for use in the programs. TITLE I--PROGRAMS TO EXCHANGE VOUCHERS FOR FIREARMS SEC. 101. APPROVAL AND FUNDING OF PROGRAMS TO EXCHANGE VOUCHERS FOR FIREARMS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as section 1801; and (3) by inserting after part P the following new part: ``PART Q--PROGRAMS TO EXCHANGE MERCHANDISE VOUCHERS FOR FIREARMS ``SEC. 1701. APPROVAL OF PROGRAMS TO EXCHANGE MERCHANDISE VOUCHERS FOR FIREARMS. ``(a) In General.--The Director of the Bureau of Justice Assistance shall establish procedures under which any unit of local government may apply for approval, under this section, of a program to exchange merchandise vouchers for firearms. The Director shall establish criteria and procedures to determine whether any such program should be approved under this part. ``(b) Factors To Be Considered.--In determining whether or not to approve a program under this section, the Director shall consider-- ``(1) the characteristics of the unit of local government in which the program will be located; ``(2) the kinds of firearms included in the program; ``(3) the manner in which the program will dispose of firearms that are surrendered; ``(4) whether the program will accept firearms from residents of other States and units of local government; ``(5) whether and to what extent the program will protect the anonymity of individuals who surrender firearms to the program; ``(6) whether and to what extent the State in which the program is located will provide that any individual who surrenders, or is in the process of surrendering, a firearm to the program will not be prosecuted under State law-- ``(A) for possession, transportation, storage, or concealment of the firearm (occurring before or after the date of the enactment of this part); ``(B) for transfer, delivery, shipment, or surrender of the firearm to the program; ``(C) for surrender of the firearm to the program in exchange for a voucher; or ``(D) for making the firearm or for obliterating, removing, changing, or altering the serial number or other required identification of the firearm; ``(7) the manner in which the program will recruit participation by individuals and businesses; and ``(8) any other factor that the Director considers appropriate. ``(c) Disposal of Firearms.-- ``(1) Destruction of firearms.--The Director may not approve under this section any program that does not provide that all firearms surrendered to the program will be destroyed. ``(2) Use of firearms for evidentiary and investigative purposes.--Paragraph (1) shall not be interpreted to require the destruction of a firearm that is surrendered to an approved program and is needed for investigatory or evidentiary purposes, until the firearm is no longer needed for such purposes. ``(d) Timing of Approval Process and Duration of Approval Status.-- ``(1) Timing of approval process.--The Director shall approve or disapprove each program for which an application is submitted under subsection (a) within 60 days after the application is submitted. ``(2) Duration of approval status.--A program shall be considered approved for the 2-year period beginning on the date that the program is approved under this section, and may reapply for approval for subsequent 2-year periods. ``(e) Effort to Secure State Amnesty Regarding Approved Programs.-- The Director shall make every effort possible to secure from State governments, for individuals who surrender or are in the process of surrendering a firearm to a program approved under this section, provisions of amnesty that are similar to the amnesty described in section 925(h) of title 18, United States Code, regarding State offenses that are the same as or substantially similar to the Federal offenses for which amnesty is provided in such section. ``SEC. 1702. GRANTS TO APPROVED PROGRAMS. ``(a) Grant Authorization.--The Director may make grants to programs that are approved under section 1701. ``(b) Applications, Criteria, and Allocation.--The Director shall establish procedures under which a unit of local government whose program is approved under section 1701 may apply for a grant for the program. The Director shall establish procedures and criteria to determine whether any such program should receive such a grant. ``SEC. 1703. ANNUAL REPORT TO CONGRESS. ``(a) In General.--As part of the annual report required by section 810, the Director shall submit to the Congress an assessment of the effectiveness of this part and of approved programs. The Director's assessment may include recommendations that the Director finds appropriate. ``(b) Criteria Regarding Effectiveness.--In order to complete the assessment required by subsection (a), the Director shall establish criteria for evaluating the effectiveness of this part and of approved programs. ``(c) Evaluation of Factors.--The assessment required by subsection (a) also shall include-- ``(1) a statement showing the manner in which the Director used the factors referred to in section 1701(b) in deciding whether to approve and fund programs under this part; and ``(2) for each of the factors referred to in section 1701(b), a statement of the manner in which the program characteristics included in the factor predict a program's effectiveness. ``(d) Recommendation Regarding This Part.--In the annual report, referred to in section (a), that is submitted to the Congress 2 years after the date of the enactment of this Act, the Director shall make a recommendation regarding whether approval and funding of programs under this part should continue. ``SEC. 1704. DEFINITIONS. ``For purposes of this part: ``(1) The term `approved program' means a program approved by the Director under section 1701. ``(2) The term `Director' means the Director of the Bureau of Justice Assistance. ``(3) The term `firearm' has the meaning given such term in section 921(a)(3)(A) of title 18, United States Code. ``(4) The term `program' means a program of a unit of local government to exchange merchandise vouchers for firearms.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(11) There are authorized to be appropriated such sums as may be necessary to carry out part Q.''. (c) Additional Amendments.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) in section 801(b), by striking ``and O'' and inserting ``O, and Q''; (2) in the first sentence of section 802(b), by striking ``or O'' and inserting ``O, or Q''; and (3) in section 1001(a)(3), by striking ``and O'' and inserting ``O, and Q''. (d) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 prec.) is amended by striking the items relating to part Q and inserting the following new items: ``Part Q--Programs To Exchange Merchandise Vouchers For Firearms ``Sec. 1701. Approval of programs to exchange merchandise vouchers for firearms. ``Sec. 1702. Grants to approved programs. ``Sec. 1703. Annual report to Congress. ``Sec. 1704. Definitions. ``Part R--Transition--Effective Date--Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''. SEC. 102. AMNESTY FOR INDIVIDUALS SURRENDERING FIREARMS. (a) In General.--Section 925 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(h)(1)(A) If an individual surrenders, or is in the process of surrendering, a firearm to a program approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968, section 922 of this title (except section 922(q)(1)(A)), and section 5861 of the National Firearms Act, shall not apply to the individual's-- ``(i) possession, transportation, storage, or concealment of the firearm (whether before or after the date of the enactment of this subsection); ``(ii) transfer, delivery, shipment, or surrender of the firearm to such a program; ``(iii) surrender of the firearm to such a program in exchange for a voucher; or ``(iv) making of the firearm in violation of the National Firearms Act, or obliteration, removal, change, or alteration of the serial number of the firearm (or other identification of the firearm) required by the National Firearms Act. ``(B) Subparagraph (A) shall not apply to an individual's conduct regarding a firearm if, at the time that the individual surrenders, or is in the process of surrendering, the firearm to a program approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968-- ``(i) the individual is the subject of a complaint made, an indictment or information filed, an arrest made, or a summons issued, to begin a prosecution, for a violation of a provision referred to in subparagraph (A), regarding the firearm; or ``(ii) the individual knows that the individual is the subject of a criminal investigation concerning the individual's violation of a provision referred to in subparagraph (A) with regard to the firearm. ``(2)(A) Possession of a firearm in a school zone in order to surrender the firearm to a program, approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968, that is located in the school zone shall not be a violation of section 922(q)(1)(A) of this title. ``(B) Bringing a firearm to a Federal facility, or possessing a firearm in a Federal facility, in order to surrender the firearm to a program, approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968, that is located in the Federal facility shall not be a violation of section 930(a) of this title.''. (b) Cross Reference.--The National Firearms Act (26 U.S.C. 5801 et seq.) is amended by inserting after section 5861 the following new section: ``SEC. 5862. CROSS REFERENCE. ``For applicability of section 5861 to individuals surrendering firearms to programs approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968, see section 925(h)(1) of title 18, United States Code.''. TITLE II--TAX DEDUCTION FOR TAXPAYERS WHO DONATE MERCHANDISE VOUCHERS SEC. 201. CHARITABLE DEDUCTION MODIFIED TO ALLOW DEDUCTION FOR FAIR MARKET VALUE OF CERTAIN CONTRIBUTIONS IN CONNECTION WITH GUN EXCHANGE PROGRAMS. (a) General Rule.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end thereof the following new paragraph: ``(6) Deduction allowed for full market value of certain contributions in connection with gun exchange programs.-- ``(A) In general.--The deduction under subsection (a) for any qualified gun exchange program contribution shall be an amount equal to its fair market value, and no reduction under paragraph (1)(A) shall be made in the amount of such contribution. ``(B) Qualified gun exchange program contribution.--For purposes of this paragraph, the term `qualified gun exchange program contribution' means any charitable contribution of property described in paragraph (1) of section 1221 or of a voucher which may be used to acquire property so described if-- ``(i) the property (or voucher) is to be transferred by the donee to individuals surrendering firearms in a gun exchange program which is determined by the Director of the Bureau of Justice Assistance to be approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968, and ``(ii) the taxpayer received from the donee a written statement that the property (or voucher) was transferred as provided in clause (i).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to contributions made after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: Programs to Exchange Vouchers for Firearms Title II: Tax Deduction for Taxpayers Who Donate Merchandise Vouchers National Firearms Exchange Act - Title I: Programs to Exchange Vouchers for Firearms - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance to establish procedures under which any unit of local government may apply for approval of a program to exchange merchandise vouchers for firearms. Requires the Director to establish criteria and procedures to determine whether any such program should be approved under this title. Prohibits the Director from approving any program that does not provide that all firearms surrendered to the program will be destroyed, but does not require the destruction of a firearm until it is no longer needed for investigatory or evidentiary purposes. Sets forth provisions regarding the timing of the approval process and the duration of approval status. Requires the Director to make every effort to secure from State governments amnesty for certain offenses for persons surrendering firearms. Authorizes the Director to make grants to approved programs. Requires the Director to establish grant application and award procedures for local governments whose programs are approved. Requires the Director to submit to the Congress an assessment of the effectiveness of this title regarding programs to exchange merchandise vouchers for firearms and of approved programs and to establish criteria for evaluating such effectiveness. Authorizes appropriations. Amends the Federal criminal code to grant amnesty to an individual surrendering, or in the process of surrendering, a firearm to an approved program (thus making specified provisions of the Omnibus Act and the National Firearms Act inapplicable with respect to such individual), with exceptions. Title II: Tax Deduction for Taxpayers Who Donate Merchandise Vouchers - Amends the Internal Revenue Code to allow a deduction for the fair market value of certain contributions of property or vouchers to be transferred to individuals surrendering firearms under a qualified gun exchange program.

National Firearms Exchange Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Facilitation Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Palestine Liberation Organization has recognized the State of Israel's right to exist in peace and security; accepted United Nations Security Council resolutions 242 and 338; committed itself to the peace process and peaceful coexistence with Israel, free from violence and all other acts which endanger peace and stability; and assumed responsibility over all Palestine Liberation Organization elements and personnel in order to assure their compliance, prevent violations, and discipline violators; (2) Israel has recognized the Palestine Liberation Organization as the representative of the Palestinian people; (3) Israel and the Palestine Liberation Organization signed a Declaration of Principles on Interim Self-Government Arrangements on September 13, 1993, at the White House; (4) the United States has resumed a bilateral dialogue with the Palestine Liberation Organization; and (5) in order to implement the Declaration of Principles on Interim Self-Government Arrangements and facilitate the Middle East peace process, the President has requested flexibility to suspend certain provisions of law pertaining to the Palestine Liberation Organization. SEC. 3. AUTHORITY TO SUSPEND CERTAIN PROVISIONS. (a) In General.--Subject to subsection (b), the President may suspend any provision of law specified in subsection (d). Any such suspension shall cease to be effective on January 1, 1994, or such earlier date as the President may specify. (b) Conditions.-- (1) Consultation.--Before exercising the authority provided in subsection (a), the President shall consult with the relevant congressional committees. (2) Presidential certification.--The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees that-- (A) it is in the national interest of the United States to exercise such authority; and (B) the Palestine Liberation Organization continues to abide by all the commitments described in paragraph (4). (3) Requirement for continuing plo compliance.--Any suspension under subsection (a) of a provision of law specified in subsection (d) shall cease to be effective if the President certifies to the relevant congressional committees that the Palestine Liberation Organization has not continued to abide by all the commitments described in paragraph (4). (4) PLO commitments described.--The commitments referred to in paragraphs (2) and (3) are the commitments made by the Palestine Liberation Organization-- (A) in its letter of September 9, 1993, to the Prime Minister of Israel; (B) in its letter of September 9, 1993, to the Foreign Minister of Norway; and (C) in, and resulting from the implementation of, the Declaration of Principles on Interim Self-Government Arrangements signed on September 13, 1993. (c) Expectation of Congress Regarding Any Extension of Presidential Authority.--The Congress expects that any extension of the authority provided to the President in subsection (a) will be conditional on the Palestine Liberation Organization-- (1) renouncing the Arab League boycott of Israel; (2) urging the nations of the Arab League to end the Arab League boycott of Israel; and (3) cooperating with efforts undertaken by the President of the United States to end the Arab League boycott of Israel. (d) Provisions That May Be Suspended.--The provisions that may be suspended under the authority of subsection (a) are the following: (1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) as it applies with respect to the Palestine Liberation Organization or entities associated with it. (2) Section 114 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the Palestine Liberation Organization or entities associated with it. (3) Section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 5202). (4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286w) as it applies to the granting to the Palestine Liberation Organization of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term ``other official status'' does not include membership in the International Monetary Fund. (e) Relation to Other Authorities.--This section supersedes section 578 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87). (f) Relevant Congressional Committees Defined.--As used in this section, the term ``relevant congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Banking, Finance and Urban Affairs, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Middle East Peace Facilitation Act of 1993 - Grants the President the authority to suspend specified provisions of law which prohibit foreign and United Nations assistance to the Palestine Liberation Organization (PLO), the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; and (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993. Makes such suspensions effective until January 1, 1994, or an earlier date specified by the President. Declares that the Congress expects that any extension of the President's authority will be conditional on the PLO: (1) renouncing the Arab League boycott of Israel; and (2) urging the Arab League, and cooperating with efforts by the President, to end such boycott. Provides that this Act supersedes similar provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994.

Middle East Peace Facilitation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of 14,538,209 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, and high rates of dangerous diseases, such as tuberculosis, diabetes, and obesity. (3) As the 2009 novel influenza A (H1N1) outbreak illustrates, diseases do not respect international boundaries, therefore, a strong public health effort at and along the United States-Mexico border is crucial to not only protect and improve the health of Americans but also to help secure the United States against biosecurity threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial bi-national institution to address these unique and truly cross-border health issues. (5) Two initiatives resulting from the United States-Mexico Border Health Commission's work speak to the importance of an infrastructure that facilitates cross border communication at the ground level. First, the Early Warning Infectious Disease Surveillance (EWIDS), started in 2004, surveys infectious diseases passing among border States allowing for early detection and intervention. Second, the Ventanillas de Salud program, allows Mexican consulates, in collaboration with United States nonprofit health organizations, to provide information and education to Mexican citizens living and working in the United States through a combination of Mexican state funds and private grants. This program reaches an estimated 1,500,000 people in the United States. (6) As the United States-Mexico Border Health Commission enters its second decade, and as these issues grow in number and complexity, the Commission requires additional resources and modifications which will allow it to provide stronger leadership to optimize health and quality of life along the United States-Mexico border. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations to Congress.--A member of the Commission may at any time provide advice or recommendations to Congress concerning issues that are considered by the Commission. Such advice or recommendations may be provided whether or not a request for such is made by a member of Congress and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or any other Federal official.''; (3) by redesignating section 8 as section 13; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the United States-Mexico Border Area. ``(b) Authorization.--From amounts appropriated under section 12, the Secretary of Health and Human Services, acting through the members of the Commission, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan under section 9(a) and operational work plan under section 9(b) to improve the health of individuals residing in the United States-Mexico Border Area. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary of Health and Human Services at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for-- ``(1) programs relating to-- ``(A) maternal and child health; ``(B) primary care and preventative health; ``(C) infectious disease testing and monitoring; ``(D) public health and public health infrastructure; ``(E) health promotion; ``(F) oral health; ``(G) behavioral and mental health; ``(H) substance abuse; ``(I) health conditions that have a high prevalence in the United States-Mexico Border Area; ``(J) medical and health services research; ``(K) workforce training and development; ``(L) community health workers or promotoras; ``(M) health care infrastructure problems in the United States-Mexico Border Area (including planning and construction grants); ``(N) health disparities in the United States- Mexico Border Area; ``(O) environmental health; ``(P) health education; ``(Q) outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa)); ``(R) trauma care; ``(S) health research with an emphasis on infectious disease; ``(T) epidemiology and health research; ``(U) cross-border health surveillance coordinated with Mexican Health Authorities; ``(V) obesity, particularly childhood obesity; ``(W) crisis communication, domestic violence, substance abuse, health literacy, and cancer; or ``(X) community-based participatory research on border health issues, as defined by the Secretary of Health and Human Services; or ``(2) other programs determined appropriate by the Secretary of Health and Human Services. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) PROJECTS IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity, that is located in the United States-Mexico Border Area. ``(b) Authorization.--From amounts appropriated under section 12, the Secretary of Health and Human Services shall award grants under the Early Warning Infectious Disease Surveillance (EWIDS) project to eligible entities for infectious disease surveillance activities in the United States-Mexico Border Area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary of Health and Human Services at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds to, in coordination with State and local all hazards programs, as specified by the Secretary of Health and Human Services-- ``(1) develop and implement infectious disease surveillance plans and readiness assessments and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning in the region with appropriate United States-based agencies and organizations as well as appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, laboratory capacity, and isolation/ decontamination capacity; ``(4) create a health alert network, including risk communication and information dissemination; ``(5) educate and train clinicians, epidemiologists, laboratories, and emergency personnel; ``(6) implement electronic data systems to coordinate the triage, transportation, and treatment of multi-casualty incident victims; ``(7) provide infectious disease testing in the United States-Mexico Border Area; and ``(8) carry out such other activities identified by the Secretary of Health and Human Services, the United States- Mexico Border Health Commission, State and local public health offices, and border health offices at the United States-Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members of both the United States and Mexican sections) shall prepare a binational strategic plan to guide the operations of the Commission and submit such plan to the Secretary and Congress (and the Mexican legislature). ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission; ``(B) recommendations for goals, objectives, strategies and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission. ``(b) Work Plan.--Not later than January 1, 2012, and every other January 1 thereafter, the Commission shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). At the end of each such work plan cycle, the Government Accountability Office shall conduct an evaluation of the activities conducted by the Commission based on output and outcome indicators included in the strategic plan. The evaluation shall include a request for written evaluations from the commissioners about barriers and facilitators to executing successfully the Commission work plan. ``(c) Biannual Reporting.--The Commission shall issue a biannual report to the Secretary of Health and Human Services which provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide the report and any studies or other material produced independently by the Commission to Congress. ``(d) Audits.--The Secretary of Health and Human Services shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission to address both the strategic and operational work plans for the year involved. ``(e) By-Laws.--Not less than 6 months after the date of enactment of this section, the Commission shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(f) Transmittal to Congress.--The Commission shall submit copies of the work plan and by-laws to Congress. The Government Accountability Office shall submit a copy of the evaluation to Congress. ``SEC. 10. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH INSURANCE. ``(a) In General.--The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine for the conduct of a study concerning binational health infrastructure, with respect to the United States and Mexico and with respect to the United States and Canada (including trauma and emergency care) and health insurance efforts. In conducting such study, the Institute shall solicit input from border health experts, as specified by the Secretary of Health and Human Services, and health insurance issuers. ``(b) Report.--Not later than 1 year after the date on which the Secretary enters into the contract under subsection (a), the Institute of Medicine shall submit to the Secretary and the appropriate committees of Congress a report concerning the study conducted under such contract. Such report shall include the recommendations of the Institute on ways to establish, expand, or improve binational health infrastructure and health insurance efforts. ``SEC. 11. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, as defined by the Secretary of Health and Human Services, and general areas of health of individuals residing in the United States-Mexico Border area, should be coordinated with Federal, State, and local authorities in Mexico and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary of Health and Human Services may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico Border Area; and ``(2) is alerted to signs of health threats, disasters of mass scale, or bioterrorism along the United States-Mexico Border Area. ``SEC. 12. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $31,000,000 for fiscal year 2012 and each succeeding fiscal year. Of the amount appropriated for each fiscal year, at least $1,000,000 shall be made available to fund operationally feasible functions and activities with respect to Mexico. The remaining funds shall be allocated for the administration of United States activities under this Act, border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, the border health and EWIDS grant programs under sections 7 and 8, respectively, and the Institute of Medicine and Government Accountability Office reports under this Act.''; and (5) in section 13 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''.

Border Health Security Act of 2011 - Amends the United States-Mexico Border Health Commission Act to revise the duties of the United States-Mexico Border Health Commission to include serving as an independent and objective body to both recommend and implement initiatives that solve border health issues. Authorizes a member of the Commission to provide advice or recommendations to Congress concerning issues that are considered by the Commission. Requires the Secretary of Health and Human Services (HHS), acting through the members of the Commission, to award grants to eligible entities to improve the health of individuals residing in the United States-Mexico Border Area. Requires the Secretary to award grants under the Early Warning Infectious Disease Surveillance project to eligible entities for infection disease surveillance activities in the United States-Mexico Border Area. Requires the Commission to: (1) prepare a binational strategic plan to guide the operations of the Commission, and (2) develop and approve an operational work plan and budget based on the strategic plan. Requires the Government Accountability Office (GAO) to conduct an evaluation of Commission activities. Requires the Secretary to enter into a contract with the Institute of Medicine for a study concerning binational health infrastructure, with respect to the United States and Mexico and the United States and Canada (including trauma and emergency care), and health insurance efforts. Authorizes the Secretary to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico Border Area; and (2) is alerted to signs of health threats, disasters of mass scale, or bioterrorism along the United States-Mexico Border Area.

To establish grant programs to improve the health of border area residents and for all hazards preparedness in the border area including bioterrorism and infectious disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TVA Distributor Self-Sufficiency Act of 2001''. SEC. 2. LIMITATION ON AUTHORITY OF TENNESSEE VALLEY AUTHORITY. Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c) is amended by adding at the end the following: ``(m)(1) Shall not prohibit, interfere with, or impair any determination made or any activity conducted by a TVA distributor (acting alone or in combination with any person) to build, acquire any interest in, operate any part of, or purchase electric power from a facility for the generation of electric power for the purpose of supplying the incremental power supply needs of the TVA distributor (without regard to any other purpose for which electric power supplied by the facility is used). ``(2) In this subsection-- ``(A) the term `incremental power supply needs' means the power generation capacity that a TVA distributor determines is required to satisfy the projected peak load of the TVA distributor (with appropriate reserve margins), to the extent that the projected peak load and margins exceed the average annual quantity of power purchases of the TVA distributor during 1996, 1997, and 1998; and ``(B) the term `TVA distributor' means a cooperative organization or publicly owned electric power system that, on January 2, 2001, purchased electric power at wholesale from the Corporation.''. SEC. 3. TENNESSEE VALLEY AUTHORITY LEAST COST PLANNING PROGRAM. Section 113 of the Energy Policy Act of 1992 (16 U.S.C. 831m-1) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Definitions.--In this section: ``(1) TVA distributor.--The term `TVA distributor' means a cooperative organization or publicly owned electric power system that, on January 2, 2001, purchased electric power at wholesale from the Tennessee Valley Authority. ``(2) System cost.-- ``(A) In general.--The term `system cost' means all direct and quantifiable net costs of an energy resource over the available life of the energy resource. ``(B) Inclusions.--The term `system cost' includes the costs of-- ``(i) production; ``(ii) transportation; ``(iii) utilization; ``(iv) waste management; ``(v) environmental compliance; and ``(vi) in the case of an imported energy resource, maintaining access to a foreign source of supply.''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Triennial planning programs.--The Tennessee Valley Authority shall conduct a least-cost planning program in accordance with this section once every 3 years, including 1 such program to be concluded by December 31, 2001. ``(B) Public participation.--Each planning program shall be open to public participation. ``(C) Requirements.--In conducting a planning program, the Tennessee Valley Authority shall use a planning and selection process for new energy resources that evaluates the full range of existing and incremental resources (including new power supplies that may be constructed, owned, and operated by 1 or more TVA distributors, other new power supplies, energy conservation and efficiency, and renewable energy resources) in order to provide adequate and reliable service to electric customers of the Tennessee Valley Authority requiring such service at the lowest system cost.''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) take into account current, planned, and projected ownership and self-supply of power generation resources by 1 or more TVA distributors.''; and (C) by striking paragraph (3); and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``distributors of the Tennessee Valley Authority'' and inserting ``TVA distributors''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) encourage and assist TVA distributors in-- ``(i) the planning and implementation of cost-effective energy efficiency options; ``(ii) load forecasting; and ``(iii) the planning, construction, ownership, operation, and maintenance of power generation facilities owned or acquired by a TVA distributor.''; and (B) in the first and second sentences of paragraph (2), by striking ``distributors'' and inserting ``TVA distributors''. SEC. 4. INCLUSION OF THE TENNESSEE VALLEY AUTHORITY IN THE DEFINITION OF PUBLIC UTILITY FOR PURPOSES OF PARTS II AND III OF THE FEDERAL POWER ACT. (a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended-- (1) by striking ``means any person who'' and inserting ``means-- ``(1) any person that''; (2) by striking ``the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(2) the Tennessee Valley Authority.''. (b) Conforming Amendment.--Section 201(f) of the Federal Power Act (16 U.S.C. 824(f)) is amended by striking ``foregoing, or any corporation'' and inserting ``foregoing (other than the Tennessee Valley Authority), or any corporation''.

TVA Distributor Self-Sufficiency Act of 2001 - Amends the Tennessee Valley Authority Act of 1933 to prohibit the Tennessee Valley Authority (TVA) from prohibiting, interfering with, or impairing any determination made or any activity conducted by a TVA distributor to build, acquire any interest in, operate, or purchase electric power from an electric power generating facility for the purpose of supplying the distributor's incremental power supply needs.Amends the Energy Policy Act of 1992 to require TVA to conduct a triennial least-cost planning program open to public participation.Amends the Federal Power Act to include TVA in the definition of public utility for purposes of such Act.

A bill to amend the Tennessee Valley Authority Act of 1933 to provide for greater ownership of electric power generation assets by municipal and rural electric cooperative utilities that provide retail electric service in the Tennessee Valley region, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Rosoboronexport Embargo Act of 2014''. SEC. 2. PROHIBITION ON DIRECT OR INDIRECT USE OF FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT. (a) Prohibition.--The head of an executive agency may not enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport or any subsidiary of Rosoboronexport related to the design, manufacture, or sale of military equipment. (b) Waiver.--The President may waive the applicability of subsection (a) if the President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Commerce and the Director of National Intelligence, certifies in writing to the appropriate congressional committees that-- (1) to the best of the President's knowledge-- (A) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (B) the armed forces of the Russian Federation have withdrawn from Crimea (other than military forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine); and (C) agents of the Russian Federation are not taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine (including through active support of efforts to unlawfully occupy facilities of the Government of Ukraine); or (2) the waiver is in the national security interests of the United States. (c) Reprogramming Authority.-- (1) In general.--The President may reprogram funds appropriated or otherwise made available for Economic Support Fund assistance or security assistance for the government of a country that, on or after the date of the enactment of this Act, enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant to, or provides a loan or loan agreement to Rosoboronexport, or any subsidiary of Rosoboronexport, in an amount up to or equal to the total amount of each such contract, memorandum of understanding, cooperative agreement, loan, or loan agreement. (2) Notification.--The President shall notify Congress not later than 15 days before reprogramming funds under paragraph (1). (d) Definitions.--In this section: (1) Appropriate congressional committees.--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. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. SEC. 3. PROHIBITION ON ASSISTING ROSOBORONEXPORT THROUGH THE PROVISION OF FINANCING. (a) Prohibited Activity Defined.--For purposes of this section, the term ``prohibited activity'' means the act of knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to the transfer or retransfer of goods or technology to Rosoboronexport or any subsidiary of Rosoboronexport. (b) Prohibition.--No United States person may engage in any prohibited activity to the extent that the United States has jurisdiction to prohibit such activity by such United States person. (c) Presidential Determination and Order With Respect to United States and Foreign Persons.--If the President determines that a United States person has engaged in a prohibited activity (without regard to whether subsection (b) applies), the President shall, by order, impose the sanctions described in subsection (d) on such person. (d) Sanctions.--The following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect to any United States person: (1) Ban on dealings in government finance.-- (A) Designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the person as a primary dealer in United States Government debt instruments. (B) Service as depositary.--The person may not serve as a depositary for United States Government funds. (2) Restrictions on operations.--The person may not, directly or indirectly-- (A) commence any line of business in the United States in which the person was not engaged as of the date of the order; or (B) conduct business from any location in the United States at which the person did not conduct business as of the date of the order. (e) Termination of the Sanctions.--Any sanction imposed on any person pursuant to an order issued under subsection (c) shall-- (1) remain in effect for a period of not less than 12 months; and (2) cease to apply after the end of such 12-month period only if the President determines, and certifies in writing to the Congress, that-- (A) the person has ceased to engage in any prohibited activity; and (B) the President has received reliable assurances from such person that the person will not, in the future, engage in any prohibited activity. (f) Waiver.--The President may waive the application of any sanction imposed on any person pursuant to an order issued under subsection (c) if the President determines, and certifies in writing to the Congress, that the continued imposition of the sanction would have a serious adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payments systems. (g) Enforcement Action.--The Attorney General may bring an action in an appropriate district court of the United States for injunctive and other appropriate relief with respect to-- (1) any violation of subsection (b); or (2) any order issued pursuant to subsection (c). (h) Knowingly Defined.-- (1) In general.--For purposes of this section, the term ``knowingly'' means the state of mind of a person with respect to conduct, a circumstance, or a result in which-- (A) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or (B) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur. (2) Knowledge of the existence of a particular circumstance.--If knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist. (i) Scope of Application.--This section shall apply with respect to prohibited activities that occur on or after the date of the enactment of this Act. SEC. 4. SANCTIONS AGAINST UNITED STATES PERSONS THAT TRANSFERS OR RETRANSFERS GOODS OR TECHNOLOGY, OR ENTERS INTO CONTRACTS, OR ENGAGES IN TRADE, WITH ROSOBORONEXPORT. (a) In General.--If any United States person transfers or retransfers goods or technology, or enters into contracts, or engages in trade, with Rosoboronexport, or any subsidiary of Rosoboronexport, then the sanctions described in subsection (b) shall be imposed. (b) Mandatory Sanctions.--The sanctions to be imposed pursuant to subsection (a) are as follows: (1) Procurement sanction.--For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (2) Export sanction.--For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person. SEC. 5. REPORT ON ROSOBORONEXPORT ACTIVITIES. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a report setting forth the following: (1) A list of the known transfers of lethal military equipment by Rosoboronexport to the ``Donetsk People's Republic'' or other separatist groups in Ukraine. (2) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011. (3) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011. (4) A detailed list of all existing contracts, memorandums of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transaction, signing dates, values, and quantities. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. SEC. 6. UNITED STATES PERSON DEFINED. In this Act, the term ``United States person'' means-- (1) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and (2) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in paragraph (1) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.

Rosoboronexport Embargo Act of 2014 - Prohibits the head of an executive agency from entering into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport (the state intermediary agency for Russia's exports/imports of defense-related and dual use products, technologies, and services). Authorizes the President to: (1) waive such prohibition under specified circumstances, and (2) reprogram funds for a country that enters into any such arrangement with Rosoboronexport. Prohibits any U.S. person (individual or corporation) from assisting Rosoboronexport through the provision of financing. Imposes a ban on dealing in government finance and restrictions on U.S. business operations on a person that engages in such activity. Authorizes: (1) the President to waive the application of sanctions under specified circumstances, and (2) the Attorney General (DOJ) to bring an action in U.S. district court for injunctive and other relief with respect to such activities. Imposes procurement and export sanctions on any U.S. person that transfers goods or technology, enters into contracts, or engages in trade with Rosoboronexport. Directs the Secretary of Defense (DOD) to report to Congress regarding: (1) transfers of lethal military equipment by Rosoboronexport to separatist groups in Ukraine and to the government of Syria; and (2) contracts, memorandums of understanding, cooperative agreements, grants, and loans and loan guarantees between DOD and Rosoboronexport.

Rosoboronexport Embargo Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Infrastructure Investment Act''. SEC. 2. RURAL TELECOMMUNICATIONS DEVELOPMENT. (a) In General.--Title II of the Rural Electrification Act of 1936 (7 U.S.C. 922 et seq.) is amended by adding at the end the following new section: ``SEC. 208. REGIONAL TELECOMMUNICATIONS DEVELOPMENT. ``In addition to any preference given under section 201 with respect to a telephone loan made under this Act, the Secretary may give preference to an application for such a loan for a project that, as determined by the Secretary, supports the development of telecommunications services on a multijurisdictional basis. In evaluating such an application, the Secretary shall consider whether-- ``(1) the project that is the subject of the application was developed through the collaboration and participation of multiple stakeholders in the service area of the project, including State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities; ``(2) the applicant has an understanding of the applicable regional resources that could support the project, including natural resources, human resources, infrastructure, and financial resources; and ``(3) the project has clear objectives and includes a means to establish measurable performance measures and to track progress toward meeting such objectives.''. (b) Exemption From State Agency Requirement.--Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended in the last sentence by inserting ``or the application involved is an application described in section 208'' before the period at the end. (c) Definition of Rural Area.--Section 203(b) of the Rural Electrification Act of 1936 (7 U.S.C. 924(b)) is amended by striking ``5,000'' and inserting ``20,000''. SEC. 3. RURAL BROADBAND DEVELOPMENT. (a) Award of Grants.--Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (a), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; (2) in subsection (c)-- (A) in the subsection heading, by striking ``and Loan Guarantees'' and inserting ``Loan Guarantees, and Grants''; (B) in paragraph (1), by inserting ``, and may make grants,'' after ``loans''; and (C) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``loans or loan guarantees'' and inserting ``loans, loan guarantees, or grants''; (ii) in subparagraph (A)-- (I) by striking ``loan and loan guarantee'' and inserting ``loan, loan guarantee, and grant''; and (II) by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; and (iii) in subparagraph (C), by striking ``loans or loan guarantees'' and inserting ``loans, loan guarantees, or grants''; (3) in subsection (d)-- (A) in paragraph (1)(A)-- (i) in the matter preceding clause (i), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (ii) in clause (ii), by striking ``loan'' and inserting ``loan or grant''; and (iii) in clause (iii)-- (I) by striking ``loan'' and inserting ``loan or grant''; and (II) by striking ``loan made or guaranteed'' and inserting ``loan or grant made or loan guaranteed''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i)-- (I) by inserting ``or the funds received through a grant made'' after ``guaranteed''; and (II) by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; and (ii) in subparagraph (B), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (C) in paragraph (3)(A), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (D) in paragraph (4), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (E) in paragraph (5)(A), in the matter preceding clause (i), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (F) in paragraph (6)-- (i) by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; and (ii) by striking ``loan involved'' and inserting ``loan or grant involved''; and (G) in paragraph (7), by striking ``loan'' and inserting ``loan or grant''; (4) in subsection (f), by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; (5) in subsection (j)-- (A) in the matter preceding paragraph (1), by striking ``loan and loan guarantee'' and inserting ``loan, loan guarantee, and grant''; (B) in paragraph (1)-- (i) by striking ``loans'' and inserting ``loans or grants''; and (ii) by striking ``loan'' and inserting ``loan or grant''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``loan'' and inserting ``loan or grant''; (ii) in subparagraph (B), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; and (iii) in subparagraph (C), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants''; and (D) in paragraph (3), by striking ``loan'' and inserting ``loan or grant''; (6) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; (7) by inserting after subsection (j) the following new subsection: ``(k) Matching Funds Requirement.--The recipient of a grant under this section shall provide funds, in-kind contributions, or a combination of both, from sources other than funds provided through such grant in an amount that is at least equal to 10 percent of the amount of such grant.''; (8) in subsection (l) (as so redesignated)-- (A) in paragraph (1), by striking ``section'' and all that follows through ``expended.'' and inserting the following: ``section-- ``(A) $25,000,000 for each of fiscal years 2008 through 2015, to remain available until expended; and ``(B) $50,000,000 for each of fiscal years 2016 through 2020, to remain available until expended.''; and (B) in paragraph (2)(A), by striking ``loans and loan guarantees'' and inserting ``loans, loan guarantees, and grants'' each place it appears in clauses (i) and (ii); and (9) in subsection (m) (as so redesignated)-- (A) by striking ``loan or loan guarantee'' and inserting ``loan, loan guarantee, or grant''; and (B) by striking ``2018'' and inserting ``2020''. (b) Priority for Support for Development of Broadband Service.-- Paragraph (2) of section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by subsection (a), is further amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) give priority to applicants that offer in the applications of the applicants to provide support for mutijurisdictional projects for the development of broadband service in rural areas that are developed through the collaboration and participation of multiple stakeholders in the service area of such a project, including State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities.''.

Rural Broadband Infrastructure Investment Act This bill amends the Rural Electrification Act of 1936 to authorize the Department of Agriculture (USDA) to provide additional loans and grants for the development of telecommunications and broadband services in rural areas. USDA may give preference to loan applications for projects that support the development of telecommunications services in rural areas on a multijurisdictional basis. In evaluating applications, USDA must consider whether: the project was developed through the collaboration and participation of multiple stakeholders in the service area; the applicant understands the regional resources that could support the project, including natural resources, human resources, infrastructure, and financial resources; and the project has clear objectives and a means to establish performance measures. For the purpose of loans, loan guarantees, and grants, a rural area is any area of the United States not included within the boundaries of any incorporated or unincorporated city, village, or borough having a population in excess of 20,000 inhabitants. USDA may provide grants, in addition to loans and loan guarantees permitted under current law, for the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas. In providing loans, loan guarantees, and grants, USDA may give priority to multijurisdictional projects for the development of broadband service in rural areas that are developed through the collaboration and participation of multiple stakeholders in the service area.

Rural Broadband Infrastructure Investment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Official Protection and Officer John C. Knight Memorial Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) Chicago Police Officer John C. Knight, a man who emulated his father by dedicating his life to preserving public safety, left behind his wife and three children when he was killed in the line of duty on January 9, 1999 by a felon armed with handgun equipped with a laser sight device. (2) More than any other weapon, firearms pose the greatest threat to our Nation's law enforcement officers. Between 1988 and 1997, firearms claimed the lives of 92 percent of the 688 officers killed in the line of duty and another 30,705 were assaulted with guns. (3) The risk to our Nation's law enforcement officers increases when violent offenders possess lethality-enhancing devices, such as laser sights, that are easily accessible and highly unregulated. (4) Ammunition known as ``armor piercing'' or ``armor piercing incendiary'', which can puncture police body armor, light armored vehicles, ballistic or armored glass and armored limousines, also poses a threat to the lives and the mission of our Nation's law enforcement officers. (5) Armor piercing and armor piercing incendiary ammunition, designed for use in military rifles, is readily available for virtually unrestricted sale on the civilian market. The potential uses for such ammunition by violent offenders, terrorists or others against law enforcement personnel or critical components of the national infrastructure presents a serious threat to public safety and national security. (6) While handguns are the most commonly used weapons in the murders of both law enforcement officers and civilians, current law doesn't restrict the development of future generations of armor piercing ammunition for use in handguns. SEC. 3. TREATMENT OF CERTAIN MILITARY AMMUNITION AS ARMOR PIERCING AMMUNITION; USE OF PERFORMANCE STANDARD. Section 921(a)(17) of title 18, United States Code, is amended-- (1) in subparagraph (B)-- (A) by striking ``or'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting a semicolon; and (C) by adding at the end the following: ``(iii) a projectile which the Secretary has determined is substantially similar in design and manufacture to any ammunition which is or has been designated for use as armor piercing, armor piercing incendiary, or armor piercing tracing by any military or law enforcement authority of the United States; or ``(iv) a projectile which the Secretary finds is capable of penetrating the Executive Protection Exemplar.''; and (2) by adding at the end the following: ``(D)(i) Not later than 1 year after the date of the enactment of this subparagraph, the Secretary shall promulgate standards for the uniform testing of projectiles against the Executive Protection Exemplar. The standards shall take into account, among other factors, the effective range of firearms from which the projectile may be fired and the nature of the propellants available for use. ``(ii) In this paragraph, the term `Executive Protection Exemplar' means the minimum level of armor or other protective material, including ballistic glass but not including body armor, that the Secretary determines is essential to the effective protection of law enforcement personnel and their public safety mission.''. SEC. 4. COVERAGE OF LASER SIGHTS AND LASER-SIGHT EQUIPPED FIREARMS. (a) In General.--The first sentence of section 5845(a) of the Internal Revenue Code of 1986 (defining firearm) is amended-- (1) by striking ``and (8)'' and inserting ``(8)'', and (2) by inserting before the period ``; (9) any laser sight suitable for use as a sight for any firearm (as defined in section 921(a)(3) of title 18, United States Code); and (10) any firearm (as defined in such section 921(a)(3)) on which any laser sight is permanently mounted.'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF PROJECTILES THAT MAY BE USED IN A HANDGUN AND ARE CAPABLE OF PENETRATING POLICE BODY ARMOR. (a) Expansion of Definition of Armor Piercing Ammunition.--Section 921(a)(17)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by striking the period at the end of clause (iv) and inserting ``; or''; and (3) by adding at the end the following: ``(v) a projectile that may be used in a handgun and that the Secretary determines, pursuant to section 926(d), to be capable of penetrating body armor.''. (b) Determination of the Capability of Projectiles To Penetrate Body Armor.--Section 926 of such title is amended by adding at the end the following: ``(d)(1) Not later than 1 year after the date of the enactment of this subsection, the Secretary shall promulgate standards for the uniform testing of projectiles against the Body Armor Exemplar, based on standards developed in cooperation with the Attorney General of the United States. Such standards shall take into account, among other factors, variations in performance that are related to the length of the barrel of the handgun from which the projectile is fired and the amount and kind of powder used to propel the projectile. ``(2) As used in paragraph (1), the term Body Armor Exemplar' means body armor that the Secretary, in cooperation with the Attorney General of the United States, determines meets minimum standards for protection of law enforcement officers.''.

Directs the Secretary to promulgate standards for the uniform testing of projectiles against the Executive Protection Exemplar which shall take into account the effective range of firearms from which the projectile may be fired and the nature of the propellants available for use. (Sec. 4) Amends the Internal Revenue Code to define "firearm," for purposes of provisions regarding excise taxes, to include: (1) any laser sight suitable for use as a sight for any firearm; and (2) any firearm on which a laser sight is permanently mounted. (Sec. 5) Amends the Brady Act to include within the definition of "armor piercing ammunition" a projectile that may be used in a handgun that the Secretary determines to be capable of penetrating body armor. Directs the Secretary to promulgate standards for the uniform testing of projectiles against the Body Armor Exemplar (defined as body armor that the Secretary determines meets minimum standards for protection of law enforcement officers), based on standards developed in cooperation with the Attorney General, taking into account variations in performance that are related to the length of the barrel of the handgun from which the projectile is fired and the amount and kind of powder used to propel the projectile.

Law Enforcement Official Protection and Officer John C. Knight Memorial Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katrina Housing Tax Relief Act of 2007''. SEC. 2. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN THE GO ZONES. (a) Time for Making Low-Income Housing Credit Allocations.-- Subsection (c) of section 1400N of the Internal Revenue Code of 1986 (relating to low-income housing credit) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Time for making low-income housing credit allocations.--Section 42(h)(1)(B) shall not apply to an allocation of housing credit dollar amount to a building located in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone, if such allocation is made in 2006, 2007, or 2008, and such building is placed in service before January 1, 2011.''. (b) Extension of Period for Treating GO Zones as Difficult Development Areas.-- (1) In general.--Subparagraph (A) of section 1400N(c)(3) of such Code is amended by striking ``2006, 2007, or 2008'' and inserting ``the period beginning on January 1, 2006, and ending on December 31, 2010''. (2) Conforming amendment.--Clause (ii) of section 1400N(c)(3)(B) of such Code is amended by striking ``such period'' and inserting ``the period described in subparagraph (A)''. (c) Community Development Block Grants Not Taken Into Account in Determining if Buildings Are Federally Subsidized.--Subsection (c) of section 1400N of such Code (relating to low-income housing credit), as amended by this Act, is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Community development block grants not taken into account in determining if buildings are federally subsidized.-- For purpose of applying section 42(i)(2)(D) to any building which is placed in service in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone during the period beginning on January 1, 2006, and ending on December 31, 2010, a loan shall not be treated as a below market Federal loan solely by reason of any assistance provided under section 106, 107, or 108 of the Housing and Community Development Act of 1974 by reason of section 122 of such Act or any provision of the Department of Defense Appropriations Act, 2006, or the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006.''. SEC. 3. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS AND RECONSTRUCTIONS OF RESIDENCES IN THE GO ZONES. Subsection (a) of section 1400N of the Internal Revenue Code of 1986 (relating to tax-exempt bond financing) is amended by adding at the end the following new paragraph: ``(7) Special rule for repairs and reconstructions.-- ``(A) In general.--For purposes of section 143 and this subsection, any qualified GO Zone repair or reconstruction shall be treated as a qualified rehabilitation. ``(B) Qualified go zone repair or reconstruction.-- For purposes of subparagraph (A), the term `qualified GO Zone repair or reconstruction' means any repair of damage caused by Hurricane Katrina, Hurricane Rita, or Hurricane Wilma to a building located in the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone (or reconstruction of such building in the case of damage constituting destruction) if the expenditures for such repair or reconstruction are 25 percent or more of the mortgagor's adjusted basis in the residence. For purposes of the preceding sentence, the mortgagor's adjusted basis shall be determined as of the completion of the repair or reconstruction or, if later, the date on which the mortgagor acquires the residence. ``(C) Termination.--This paragraph shall apply only to owner-financing provided after the date of the enactment of this paragraph and before January 1, 2011.''. SEC. 4. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL GOVERNMENTS IN ALLOCATING AND UTILIZING TAX INCENTIVES PROVIDED PURSUANT TO THE GULF OPPORTUNITY ZONE ACT OF 2005. (a) In General.--The Comptroller General of the United States shall conduct a study of the practices employed by State and local governments, and subdivisions thereof, in allocating and utilizing tax incentives provided pursuant to the Gulf Opportunity Zone Act of 2005 and this Act. (b) Submission of Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit a report on the findings of the study conducted under subsection (a) and shall include therein recommendations (if any) relating to such findings. The report shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (c) Congressional Hearings.--In the case that the report submitted under this section includes findings of significant fraud, waste or abuse, each Committee specified in subsection (b) shall, within 60 days after the date the report is submitted under subsection (b), hold a public hearing to review such findings. SEC. 5. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES FOR EMPLOYMENT TAX LIABILITIES. (a) In General.--Section 6330(f) of the Internal Revenue Code of 1986 (relating to jeopardy and State refund collection) is amended-- (1) by striking ``; or'' at the end of paragraph (1) and inserting a comma, (2) by adding ``or'' at the end of paragraph (2), and (3) by inserting after paragraph (2) the following new paragraph: ``(3) the Secretary has served a disqualified employment tax levy,''. (b) Disqualified Employment Tax Levy.--Section 6330 of such Code (relating to notice and opportunity for hearing before levy) is amended by adding at the end the following new subsection: ``(h) Disqualified Employment Tax Levy.--For purposes of subsection (f), a disqualified employment tax levy is any levy in connection with the collection of employment taxes for any taxable period if-- ``(1) the person subject to the levy (or any predecessor thereof) requested a hearing under this section with respect to unpaid employment taxes arising in the most recent 2-year period before the beginning of the taxable period with respect to which the levy is served, and ``(2) such levy is served before February 29, 2016. For purposes of the preceding sentence, the term `employment taxes' means any taxes under chapter 21, 22, 23, or 24.''. (c) Effective Date.--The amendments made by this section shall apply to levies served on or after the date that is 120 days after the date of the enactment of this Act. SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. Subparagraph (B) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 is amended by striking ``106.25 percent'' and inserting ``106.45 percent''. Passed the House of Representatives March 27, 2007. Attest: LORRAINE C. MILLER, Clerk.

Katrina Housing Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) qualify certain buildings in the Gulf Opportunity Zone, the Rita Go Zone, and the Wilma GO Zone (GO Zones) placed in service before 2011 for the housing tax credit without regard to certain otherwise applicable restrictions if such buildings receive (or received) a state or local housing credit allocation in 2006, 2007, or 2008; (2) extend through 2010 the treatment of such Go Zones as difficult development areas for purposes of the increased housing tax credit; (3) exclude certain assistance provided under the Housing and Community Development Act of 1974 (e.g., community development block grants), the Department of Defense Appropriations Act, 2006, or the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, in determining whether Go Zone buildings eligible for the housing tax credit are federally subsidized and therefore subject to limitations on such tax credit; and (4) treat qualified GO Zone repair and reconstruction loans provided prior to January 1, 2011, as qualified rehabilitation loans for purposes of the tax exemption for exempt facility and mortgage bonds. Directs the Comptroller General to study and report to the House Ways and Means Committee and the Senate Finance Committee on state and local practices in allocating and utilizing tax incentives provided by this Act. Requires such committees to hold public hearings if the report includes findings of significant fraud, waste or abuse. Denies a pre-levy hearing to taxpayers upon whom the Secretary of the Treasury has served a disqualified employment tax levy. Defines a "disqualified employment tax levy" as any levy in connection with the collection of employment taxes if: (1) the person subject to the levy requested a hearing with respect to unpaid employment taxes arising in the most recent two-year period before the beginning of the taxable period with respect to which the levy is served; and (2) such levy is served before February 29, 2016. Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase from 106.25% to 106.45% the estimated tax rate in the third quarter of 2012 for corporations with assets of not less than $1 billion.

To amend the Internal Revenue Code of 1986 to extend and expand certain rules with respect to housing in the GO Zones.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Production Act Reauthorization of 2003''. SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950. (a) In General.--The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended-- (1) by striking ``sections 708'' and inserting ``sections 707, 708,''; and (2) by striking ``September 30, 2003'' and inserting ``September 30, 2008''. (b) Authorization of Appropriations.--Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking ``through 2003'' and inserting ``through 2008''. SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS. (a) In General.--Notwithstanding the limitation contained in section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), the President may take actions under section 303 of the Defense Production Act of 1950 to correct the industrial resource shortfall for radiation-hardened electronics, to the extent that such Presidential actions do not cause the aggregate outstanding amount of all such actions to exceed $200,000,000. (b) Report by the Secretary.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing-- (1) the current state of the domestic industrial base for radiation-hardened electronics; (2) the projected requirements of the Department of Defense for radiation-hardened electronics; (3) the intentions of the Department of Defense for the industrial base for radiation-hardened electronics; and (4) the plans of the Department of Defense for use of providers of radiation-hardened electronics beyond the providers with which the Department had entered into contractual arrangements under the authority of the Defense Production Act of 1950, as of the date of the enactment of this Act. SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY. Subsection (a) of section 705 of the Defense Production Act of 1950 (50 U.S.C. App. 2155(a)) is amended by inserting after the end of the first sentence the following new sentence: ``The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense.''. SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION. Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended-- (1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively; (2) by inserting after paragraph (2) the following new paragraph: ``(3) Critical infrastructure.--The term `critical infrastructure' means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.''; and (3) in paragraph (14) (as so redesignated by paragraph (1) of this section), by inserting ``and critical infrastructure protection and restoration'' before the period at the end of the last sentence. SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED BUSINESSES. (a) Report Required.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the extent to which contracts entered into during the fiscal year ending before the end of such 1-year period under the Defense Production Act of 1950 have been contracts with minority- and women-owned businesses. (b) Contents of Report.--The report submitted under subsection (a) shall include the following: (1) The types of goods and services obtained under contracts with minority- and women-owned businesses under the Defense Production Act of 1950 in the fiscal year covered in the report. (2) The dollar amounts of such contracts. (3) The ethnicity of the majority owners of such minority- and women-owned businesses. (4) A description of the types of barriers in the contracting process, such as requirements for security clearances, that limit contracting opportunities for minority- and women-owned businesses, together with such recommendations for legislative or administrative action as the Secretary of Defense may determine to be appropriate for increasing opportunities for contracting with minority- and women-owned businesses and removing barriers to such increased participation. (c) Definitions.--For purposes of this section, the terms ``women- owned business'' and ``minority-owned business'' have the meanings given such terms in section 21A(r) of the Federal Home Loan Bank Act, and the term ``minority'' has the meaning given such term in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. SEC. 7. REPORT ON IMPACT OF OFFSETS ON DOMESTIC CONTRACTORS AND LOWER TIER SUBCONTRACTORS. (a) Examination of Impact Required.-- (1) In general.--As part of the annual report required under section 309(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2099(a)), the Secretary of Commerce (in this section referred to as the ``Secretary'') shall-- (A) detail the number of foreign contracts involving domestic contractors that use offsets, industrial participation agreements, or similar arrangements during the preceding 5-year period; (B) calculate the aggregate, median, and mean values of the contracts and the offsets, industrial participation agreements, and similar arrangements during the preceding 5-year period; and (C) describe the impact of international or foreign sales of United States defense products and related offsets, industrial participation agreements, and similar arrangements on domestic prime contractors and, to the extent practicable, the first 3 tiers of domestic contractors and subcontractors during the preceding 5-year period in terms of domestic employment, including any job losses, on an annual basis. (2) Use of internal documents.--To the extent that the Department of Commerce is already in possession of relevant data, the Department shall use internal documents or existing departmental records to carry out paragraph (1). (3) Information from non-federal entities.-- (A) Existing information.--In carrying out paragraph (1), the Secretary shall only require a non-Federal entity to provide information that is available through the existing data collection and reporting systems of that non-Federal entity. (B) Format.--The Secretary may require a non-Federal entity to provide information to the Secretary in the same form that is already provided to a foreign government in fulfilling an offset arrangement, industrial participation agreement, or similar arrangement. (b) Report.-- (1) In general.--Before the end of the 8-month period beginning on the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings and conclusions of the Secretary with regard to the examination made pursuant to subsection (a). (2) Copies of report.--The Secretary shall also transmit copies of the report prepared under paragraph (1) to the United States Trade Representative and the interagency team established pursuant to section 123(c) of the Defense Production Act Amendments of 1992 (50 U.S.C. App. 2099 note). (c) Responsibilities Regarding Consultation With Foreign Nations.-- Section 123(c) of the Defense Production Act Amendments of 1992 (50 U.S.C. App. 2099 note) is amended to read as follows: ``(c) Negotiations.-- ``(1) Interagency team.-- ``(A) In general.--It is the policy of Congress that the President shall designate a chairman of an interagency team comprised of the Secretary of Commerce, Secretary of Defense, United States Trade Representative, Secretary of Labor, and Secretary of State to consult with foreign nations on limiting the adverse effects of offsets in defense procurement without damaging the economy or the defense industrial base of the United States or United States defense production or defense preparedness. ``(B) Meetings.--The President shall direct the interagency team to meet on a quarterly basis. ``(C) Reports.--The President shall direct the interagency team to submit to Congress an annual report, to be included as part of the report required under section 309(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2099(a)), that describes the results of the consultations of the interagency team under subparagraph (A) and the meetings of the interagency team under subparagraph (B). ``(2) Recommendations for modifications.--The interagency team shall submit to the President any recommendations for modifications of any existing or proposed memorandum of understanding between officials acting on behalf of the United States and one or more foreign countries (or any instrumentality of a foreign country) relating to-- ``(A) research, development, or production of defense equipment; or ``(B) the reciprocal procurement of defense items.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Defense Production Act Reauthorization of 2003 - (Sec. 2) Amends the Defense Production Act of 1950 to extend its expiration date and authorization of appropriations through FY 2008. (Sec. 3) Authorizes the President to: (1) take action to correct an industrial resource shortfall for radiation-hardened electronics to the extent that such action does not cause the aggregate outstanding amount of all such actions for industrial resource shortfalls to exceed $200 million; and (2) obtain information in order to perform industry studies assessing capabilities of the U.S. industrial base to support the national defense. Requires a report from the Secretary of Defense to specified congressional committees on the current state of the domestic industrial base for, and Department of Defense requirements, intentions, and plans for, radiation-hardened electronics. (Sec. 4) Defines "critical infrastructure" under such Act as systems and assets, whether physical or cyber-based, so vital to the United States that their degradation or destruction would have a debilitating impact on national security, including national economic security and national public health or safety. (Sec. 6) Directs the Secretary to report to specified congressional committees on the extent to which contracts entered into under such Act during the one-year period after the enactment of this Act have been contracts with minority- and women-owned businesses. (Sec. 7) Requires the Secretary of Commerce, as part of an annual report from the President to specified congressional committees on the impact of offsets on U.S. defense preparedness, industrial competitiveness, employment, and trade, to: (1) detail the number of foreign contracts involving domestic contractors that used offsets or similar arrangements during the preceding five-year period; (2) calculate the values of such contracts and offsets; and (3) describe the impact of international or foreign sales of U.S. defense products and related offsets and arrangements on domestic prime contractors and lower-tier subcontractors during the preceding five-year period. Expresses the policy of Congress that the President shall designate a chairman of an interagency team to consult with foreign nations on limiting the adverse effects of offsets in defense procurement without damaging the U.S. economy, industrial base, or defense production or preparedness. Requires annual interagency team reports to Congress. Directs the interagency team to make recommendations to the President for modifications of any existing or proposed memorandum of understanding between the United States and one or more foreign countries relating to: (1) research, development, or production of defense equipment; or (2) the reciprocal procurement of defense items.

An original bill to reauthorize the Defense Production Act of 1950, and for other purposes.

SECTION 1. AMENDMENT OF ACT ESTABLISHING SLEEPING BEAR DUNES NATIONAL LAKESHORE. (a) Extensions.--Section 10 of the Act of October 21, 1970, establishing the Sleeping Bear Dunes National Lakeshore (84 Stat. 1079; 16 U.S.C. 460x-9) is amended by adding the following at the end thereof: ``(e) Extensions of Use and Occupancy.-- ``(1) Notice.--The Secretary shall transmit a notice to all owners of improved property described in section 11(a) (16 U.S.C. 460x-10(a)) who have retained a right of use and occupancy, or their successors in interest who currently possess such rights. The notice shall notify such owners, occupiers, or successors in interest of their right to extend such right of use and occupancy pursuant to this subsection. ``(2) Election.--Any owner notified under paragraph (1) may elect, within 180 days of receiving notice pursuant to paragraph (1), to extend his or her right of use and occupancy beyond the otherwise applicable termination date. Such extension shall terminate on the later of the following: ``(A) The date of death of the person who owned or occupied the property on January 1, 1996. ``(B) The date 25 years after the date of the election under this paragraph. If the person who owned or occupied the property on January 1, 1996, dies before the date 25 years after the date of the election under this paragraph, the right of use and occupancy of the property may be transferred by such person, by will or otherwise, only to a member or members of such person's immediate family for the remainder of the term of the extension under this subsection. ``(3) Conditions.--Any extension under this subsection shall be subject to subsections (c) and (d) in the same manner and to the same extent as is a retained right under subsection (b), except that termination of the extension by the Secretary shall take effect only after 180 days after the Secretary has notified the person holding the extension of the Secretary's intention to terminate the extension. Any extension under this subsection shall be conditioned upon the annual payment by person to whom such extension is issued of an amount determined in accordance with paragraph (4). Any such extension shall also be conditioned upon the following: ``(A) An agreement by the person to whom such extension is issued to assume all responsibilities for maintenance, repair, and replacement of all improvements located on the property concerned and to indemnify and hold harmless the United States for any liability which may arise in connection with such property. ``(B) An agreement by the person to whom such extension is issued to make pro rata payments to local governments providing services to persons residing within the boundaries of the lakeshore in such reasonable amounts and at such times as may be determined by such local governments in order to reimburse such local governments for the costs of providing such services. ``(4) Amount.--The amount of each payment to be made by a person under paragraph (3) shall be such person's annual pro rata share of an amount determined according to a formula where the numerator is the value of the property used or occupied by such person and the denominator is 100. The value of the property for purposes of this paragraph shall be the value of the property at the time of its acquisition by the United States, indexed for inflation according to the Consumer Price Index, as determined by the Secretary. Notwithstanding sections 1341 and 3302 of title 31 of the United States Code, such annual payments shall be retained by the Secretary and shall be available for use by the Secretary without further appropriation for purposes of maintenance and administration of the national lakeshore. ``(f) Authority to Lease to Family.--Following an extension under subsection (e) of a right of use and occupancy for any property, the Secretary may lease the property to any member or members of the immediate family of such owner for a definite or indefinite term, at the discretion of the Secretary. The Secretary may, after 180 days notice to the lessee, terminate any such lease when the Secretary determines that the structures on the property will be removed and the property will be restored to its natural condition in order to improve the natural landscape and provide better opportunities for public access and enjoyment. Any such lease shall be subject to the same conditions as referred to in paragraph (3) of subsection (e) and lease payments shall be retained by the Secretary in the same manner as provided in paragraph (4) of subsection (e).''. (b) Technical and Conforming Amendments.--Section 10(c) of such Act is amended by striking ``many'' and inserting ``may''. Section 11(a)(2) of such Act is amended by striking ``section 10 (b) or (d)'' and inserting ``section 10''.

Directs the Secretary of the Interior to notify owners of certain improved property constructed between December 31, 1964, and October 21, 1970, within the Sleeping Bear Dunes National Lakeshore in Michigan of their right to extend their (or their successor's) right of use and occupancy until the later of their death or 25 years. Requires 180 days' prior notice for termination of such extension by the Secretary. Conditions an extension upon: (1) the annual payment by its recipient of a specified amount based on the value of the property (requires such payments to be retained by the Secretary and made available for maintenance and administration of the Lakeshore); and (2) agreements by the recipient to assume all responsibilities for repairs and maintenance, to indemnify and hold harmless the United States for any liability in connection with such property, and to make pro rata payments to local governments for services provided. Authorizes the Secretary: (1) following an extension under this Act, to lease the property to any family member of such owner; and (2) after 180 days' notice, to terminate any such lease when the Secretary determines that the structures on the property will be removed and the property will be restored to its natural condition in order to improve the natural landscape and provide better opportunities for public access and enjoyment. Subjects such leases to the same conditions and lease payments provided under this Act.

To amend the Act of October 21, 1970, establishing the Sleeping Bear Dunes National Lakeshore to permit certain persons to continue to use and occupy certain areas within the lakeshore, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reading Readiness Act of 2001''. SEC. 2. READING READINESS REPORT AND EVALUATION OF CURRENT BEST READING READINESS PRACTICES. Section 649(d) of the Head Start Act (42 U.S.C. 9844(d)) is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively, and (B) by inserting after paragraph (1) the following: ``(2) determine whether every Head Start program is providing to children who participate in such program the tools necessary to succeed in school, including reading readiness, and to review current best practices of Head Start programs with respect to reading readiness;'', and (2) in the matter following paragraph (10), as so redesignated, by striking ``paragraph (9)'' and inserting ``paragraph (10)''. SEC. 3. REQUIRING READING READINESS IN ALL HEAD START PROGRAMS. The Head Start Act (42 U.S.C 9831 et seq.) is amended-- (1) in section 636 by inserting ``(including a strong focus on reading readiness)'' after ``other services'', and (2) in section 638 by inserting ``(including a strong focus on reading readiness)'' after ``other services''. SEC. 4. INCENTIVE FOR HEAD START PROGRAMS TO ADOPT CURRENT BEST PRACTICES IN READING READINESS ACTIVITIES. (a) Financial Assistance.--Section 638 of the Head Start Act (42 U.S.C. 9833) is amended-- (1) by inserting ``(a)'' after ``Sec.'', and (2) by adding at the end the following: ``(b) From the portion specified in section 639(b)(4), the Secretary shall award grants under this subsection on a competitive basis to applicants selected by the Secretary to carry out current best practices in reading readiness activities.''. (b) Priority Use of Allotted Funds.--Section 640(a)(2)(C) of the Head Start Act (42 U.S.C. 9835(a)(2)(C)) is amended in the matter preceding clause (i) by inserting ``reading readiness and'' after ``carry out''. SEC. 5. SENSE OF THE CONGRESS ON MAKING HEAD START SEAMLESS. (a) Findings.--The Congress finds the following: (1) Recent early brain research has yielded evidence of the need to help children in the earliest years of life in order to ensure their success in school and in life. (2) The Early Head Start pilot program begun in 1994 has proven the value of intervention with younger children and their families. (3) Head Start programs have shown an increasing interest to expand the scope of their preschool programs to include infants, toddlers, and their families, and there is nothing in the Head Start Act that precludes the Secretary of Health and Human Services from approving the use of preschool Head Start funds to enroll children less than 3 years of age. (b) Sense of the Congress.--It is the sense of the Congress that the Secretary of Health and Human Services should immediately take such steps as may be necessary to allow Head Start grantees that find evidence of community need, to modify the use of their current grants so as to enroll infants and toddlers in Head Start programs without obtaining a separate Early Head Start grant. SEC. 6. NATIONAL HEAD START ENROLLMENT CAMPAIGN. The Secretary of Health and Human Services shall implement an outreach campaign to promote enrollment in Head Start programs and Early Head Start programs and shall include in such campaign-- (1) forceful messages that convey the fact that participating in such programs increases the ability of children to learn to read, and (2) outreach activities in hospitals, clinics, Federal food assistance programs, child care referral agencies, and other programs that serve the health needs of children and pregnant women. SEC. 7. INCREASED ELIGIBILITY THRESHOLD. Section 645(a)(1)(B)(i) of the Head Start Act (42 U.S.C. 9840(a)(1)(B)(i)) is amended to read as follows: ``(i) programs demonstrating by community assessment that all reasonable attempt has been made to enroll children whose families' incomes are below the poverty line may make eligible for participation in the program children whose families' incomes are no greater than 150 percent of the poverty line; and''. SEC. 8. SENSE OF THE CONGRESS REGARDING FULL FUNDING OF THE HEAD START ACT. It is the sense of the Congress that the Congress should appropriate sufficient funds to carry out the Head Start Act so that all children who are eligible to participate in programs under such Act (including children who are on waiting lists to participate in such programs) may participate in such programs. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 639 of the Head Start Act (42 U.S.C. 9834) is amended-- (1) in subsection (a) by striking ``such sums'' and all that follows through ``2003'', and inserting ``$9,200,000,000 for fiscal year 2002, and $11,200,000,000 for fiscal year 2003'', and (2) in subsection (b)-- (A) in paragraph (2) by striking ``and'' at the end, (B) in paragraph (3) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(4) not more than $1,000,000,000 for each of the fiscal years 2002 and 2003 to provide additional funds for expansion of existing Head Start programs or for new grantees who are using current best practices in reading readiness activities identified under section 649(d)(2).''.

Reading Readiness Act of 2001 - Amends the Head Start Act to require Head Start programs to include a strong focus on reading readiness. Requires research, demonstration, and evaluation activities to: (1) determine whether every Head Start program is providing participating children the tools necessary to succeed in school, including reading readiness; and (2) review current best practices of Head Start programs with respect to reading readiness.Directs the Secretary of Health and Human Services to award competitive grants to selected Head Start applicants to carry out current best practices in reading readiness activities.Allows Head Start programs that demonstrate by community assessment that all reasonable attempt has been made to enroll children whose families' incomes are below the poverty line to make eligible for program participation children whose families' incomes are no greater than 150 percent of the poverty line.Directs the Secretary to implement an outreach campaign to promote enrollment in Head Start programs and Early Head Start programs.Expresses the sense of Congress that: (1) the Secretary should allow Head Start grantees that find evidence of community need to modify the use of their current grants so as to enroll infants and toddlers without obtaining a separate Early Head Start grant; and (2) Congress should appropriate sufficient funds to carry out the Head Start Act so that all eligible children may participate.

To amend the Head Start Act to ensure that every child who is eligible to participate in a program under such Act has the tools to learn to read.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Treat and Reduce Obesity Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, over 78,000,000 adults in the United States are obese. (2) Over 40 percent of women over age 60 and over 35 percent of men over age 60 are obese. (3) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, and type 2 diabetes. (4) Forty-nine percent of Americans have at least one chronic disease. (5) In 2008, in the United States, health care costs associated with obesity reached $147,000,000,000. (6) Seventy-five percent of Americans will be overweight or obese by 2020. (7) Forty-two percent of Americans will be obese by 2030, resulting in up to $550,000,000,000 in associated health care costs. SEC. 3. INCLUSION OF INFORMATION ON COVERAGE OF INTENSIVE BEHAVIORAL THERAPY FOR OBESITY IN THE MEDICARE AND YOU HANDBOOK AND ADDITIONAL NOTIFICATION OF BENEFICIARIES AND PROVIDERS. (a) Inclusion of Information on Coverage in the Medicare and You Handbook.-- (1) In general.--Section 1804(a) of the Social Security Act (42 U.S.C. 1395b-2(a)) is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``, and''; and (C) by inserting after paragraph (3) the following new paragraph: ``(4) information on the coverage of intensive behavioral therapy for obesity under this title, including information regarding primary care physicians and other providers of services and suppliers who are eligible to furnish such therapy.''. (2) Effective date.--The amendments made by this subsection shall apply to notices distributed on or after the date of enactment of this Act. (b) New Notification of Benefit for Medicare Beneficiaries.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall provide to Medicare beneficiaries distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as an additional preventive service. (c) Notification of Benefit for Medicare Providers.--Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: ``(4) The Secretary shall provide to primary care physicians and other providers of services and suppliers determined appropriate by the Secretary distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under this title as an additional preventive service. Such notification shall be provided annually for the first 3 years following the date of enactment of the Treat and Reduce Obesity Act of 2012 and, after such 3-year period, as the Secretary determines appropriate.''. SEC. 4. PLAN FOR COORDINATION OF HHS EFFORTS; PROVIDING THE SECRETARY OF HEALTH AND HUMAN SERVICES WITH AUTHORITY TO COORDINATE PROGRAMS TO PREVENT AND TREAT OBESITY AND EXPAND COVERAGE OPTIONS FOR OBESITY UNDER MEDICARE. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)), as amended by section 3, is amended by adding at the end the following new paragraph: ``(5)(A) Not later than 1 year after the date of enactment of the Treat and Reduce Obesity Act of 2012, the Secretary shall develop and implement a plan to coordinate the efforts of all offices and agencies of the Department of Health and Human Services (such as the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Health Resources and Services Administration, and other offices and agencies) to treat, reduce, and prevent obesity and overweight in the adult population. Beginning 2 years after such date of enactment, the Secretary shall annually update such plan. ``(B) In developing and implementing the plan under subparagraph (A), the Secretary shall work with at least 5 representatives, selected by the Secretary, of expert organizations (such as public health associations, key healthcare provider groups, planning and development organizations, education associations, advocacy groups, patient groups, relevant industries, State and local leadership, and other entities as determined appropriate by the Secretary). ``(C) The plan under subparagraph (A) shall include the following: ``(i) Strategies to comprehensively treat and reduce overweight and obesity. ``(ii) A description of-- ``(I) the coordination of interagency cooperation under the plan; and ``(II) actions under the plan related to the treatment and reduction of overweight and obesity in the United States. ``(iii) Identification of best practices in States, communities, organizations, businesses, and other entities as appropriate, regarding treatment of overweight and obesity. ``(iv) A description of collaboration with States, communities, organizations, businesses, and other appropriate entities to evaluate the effectiveness of obesity and overweight interventions under the plan. ``(v) Research initiatives, including ongoing surveillance and monitoring using tools such as the National Health and Nutrition Examination Survey and the Behavioral Risk Factor Surveillance System and assurances for adequate and consistent funding to support data collection and analysis to inform policy under the plan. ``(vi) Recommendations for the coordination of budgets, grant and pilot programs, policies, and programs across Federal agencies to cohesively treat overweight and obesity. ``(D) Not later than 24 months after the date of enactment of the Treat and Reduce Obesity Act of 2012, and on an annual basis thereafter, the Secretary shall submit to the President and to the relevant committees of Congress, a report that-- ``(i) summarizes the plan under subparagraph (A) to coordinate interagency efforts surrounding the treatment, reduction, and prevention of obesity and overweight, including a detailed strategic plan with recommendations for each office and agency involved; ``(ii) in the case of the second report submitted under this subparagraph (and each subsequent report), evaluates the effectiveness of those coordinated interventions and conducts interim assessments and reporting of health outcomes, achievement of milestones, and implementation of strategic plan goals; and ``(iii) makes recommendations for updating the plan for the following year based on data and findings from the previous year. ``(E) There is authorized to be appropriated to carry out this paragraph, $5,000,000 for the period of fiscal years 2014 through 2023, to remain available until expended.''. SEC. 5. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH INTENSIVE BEHAVIORAL THERAPY. Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)), as amended by sections 3 and 4, is amended by adding at the end the following new paragraph: ``(6) The Secretary may, in addition to qualified primary care physicians and other primary care practitioners, allow other appropriate health care providers (such as physicians with other primary specialty designations, licensed professional counselors, and registered dieticians), instructors trained in lifestyle counseling programs such as the Diabetes Prevention Program, and programs recognized by the Centers for Disease Control and Prevention to provide intensive behavioral therapy for obesity.''. SEC. 6. PROVIDING THE SECRETARY OF HEALTH AND HUMAN SERVICES WITH THE AUTHORITY TO INCLUDE CHRONIC WEIGHT MANAGEMENT DRUGS AS MEDICARE COVERED PART D DRUGS. (a) In General.--Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended by adding at the end of the flush matter following subparagraph (B) the following new sentence ``Notwithstanding any other provision of this section, such term also includes a drug described in the second sentence of section 1927(d)(2)(A) (relating to drugs used for weight management) if the Secretary determines that coverage of such a drug under this part is appropriate.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of enactment of this Act.

Treat and Reduce Obesity Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to include information on the coverage of intensive behavioral therapy for obesity in the "Medicare and You Handbook." Directs the Secretary of Health and Human Services (HHS) to give Medicare beneficiaries, primary care physicians, and other appropriate service providers and suppliers distinct, written notification regarding the coverage of intensive behavioral therapy for obesity under Medicare as an additional preventive service. Directs the Secretary to develop and implement a plan to coordinate the efforts of all HHS offices and agencies to treat, reduce, and prevent obesity and overweight in the adult population. Authorizes the Secretary, in addition to qualified primary care physicians and other primary care practitioners, to allow other appropriate health care providers, instructors trained in lifestyle counseling programs such as the Diabetes Prevention Program, and programs recognized by the Centers for Disease Control and Prevention (CDC) to provide intensive behavioral therapy for obesity. Authorizes the Secretary to cover chronic weight management drugs under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) if the Secretary determines that such coverage is appropriate.

A bill to amend title XVIII of the Social Security Act to include information on the coverage of intensive behavioral therapy for obesity in the Medicare and You Handbook, to provide written notification to beneficiaries and providers regarding new Medicare coverage of intensive behavioral therapy for obesity, and to provide for the coordination of programs to prevent and treat obesity, and for other purposes.

SECTION 1. STATEMENT OF POLICY. It is the policy of the United States Government that historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans share equitably in the benefits to be derived from being and becoming full participants in federally funded research and development activities. SEC. 2. PURPOSE. The purpose of this Act is to establish, enhance, and expand the participation of historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development through their designation as federally funded research and development centers. SEC. 3. AMENDMENTS TO OFFICE OF FEDERAL PROCUREMENT POLICY ACT. (a) General Authority.--The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by inserting after section 6 the following: ``SEC. 6B. PARTICIPATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND NONPROFIT ORGANIZATIONS OWNED AND CONTROLLED BY BLACK AMERICANS IN RESEARCH AND DEVELOPMENT ACTIVITIES. ``(a) General Authority.--(1) The Administrator shall prescribe regulations to ensure the participation of historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development activities conducted with Federal funds by executive agencies. Such regulations shall require that each executive agency-- ``(A) except as provided in paragraph (2), designate not less than 5 historically Black colleges and universities or nonprofit organizations owned and controlled by Black Americans as federally funded research and development centers for purposes of such agency; ``(B) reserve not less than 3 percent of amounts appropriated to such agency for research and development activities for purposes of providing technical assistance and other support to historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in order to implement the purpose of this Act; ``(C) reserve, for purposes of research and development activities to be conducted by federally funded research and development centers designated pursuant to subparagraph (A)-- ``(i) in the fiscal year 1994, not less than 5 percent of amounts appropriated to such agency for research and development activities; ``(ii) in the fiscal year 1995, not less than 10 percent of amounts appropriated to such agency for research and development activities; ``(iii) in the fiscal year 1996, not less than 15 percent of amounts appropriated to such agency for research and development activities; and ``(iv) in the fiscal year 1997 and in each succeeding fiscal year, not less than 20 percent of amounts appropriated to such agency for research and development activities; and ``(D) with respect to each federally funded research and development center designated pursuant to paragraph (1)-- ``(i) assess any need for technical assistance and other support; and ``(ii) as soon as practicable, develop and implement a coordinated plan for delivery of such assistance. ``(2) The Administrator may allow an executive agency to designate fewer than 5 historically Black colleges and universities or nonprofit organizations owned and controlled by Black Americans as federally funded research and development centers pursuant to paragraph (1)(A) if the Administrator determines that amounts reserved by such agency under paragraph (1)(C) for such centers would be insufficient to carry out research and development activities at 5 such centers. ``(b) Waiver of Responsible Source Criteria.--For purposes of this Act, any federally funded research center designated pursuant to subsection (a)(1)(A) shall be considered to be a responsible source. ``(c) Repayment of Unused Amounts.--In any fiscal year in which an executive agency does not expend all of the amounts reserved by such agency as required by subsection (a)(1)(C) for support of research and development activities at federally funded research and development centers designated under subsection (a)(1)(A), any of such amounts that are not so expended shall be returned to the Treasury of the United States. ``(d) Payment and Use of Amounts for Parren J. Mitchell Institute for Business Education.--(1) Each college, university, or nonprofit organization which receives an amount from an executive agency under this section shall pay not less than \1/2\ percent of that amount to a national not-for-profit organization established as the Parren J. Mitchell Institute for Business Education (hereinafter in this subsection referred to as the `Institute'). ``(2) The Institute shall use amounts paid to the Institute under this subsection only to develop and implement programs which foster entrepreneurship and capital formation. ``(e) Definition.--For purposes of this section, the term `historically Black colleges and universities' means institutions that are part B institutions for purposes of part B of title III of the Higher Education Act of 1965.''. (b) Annual Report.--Section 17 of the Office of Federal Procurement Policy Act (41 U.S.C. 415) is amended by adding at the end the following new subsection: ``(c) Annual Report.--The Comptroller General of the United States shall annually conduct a study and submit a report to the Congress on the activities of executive agencies in carrying out section 6B. The first report shall be submitted by not later than 9 months after the date of the enactment of this subsection. Such reports shall specifically include-- ``(1) a description of the extent to which each executive agency is complying with the requirements of section 6B; ``(2) a description of technical assistance and other support provided by executive agencies to federally funded research and development centers designated under section 6B(a)(1)(A); and ``(3) an analysis and description of the technical and other support required by historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans.''. SEC. 4. EFFECTIVE DATE. The amendment made by section 3 shall take effect on October 1, 1993.

Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation (except in specified circumstances) of at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percentage of its FY 1994 through 1997 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Requires each recipient of such set-aside to pay a specified percentage of it to the Parren J. Mitchell Institute for Business Education for entrepreneurial and capital formation programs. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.

To amend the Office of Federal Procurement Policy Act to provide for the participation of historically Black colleges and universities in federally funded research and development activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Quality Index Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) cohort default rates alone do not indicate the quality of an educational institution; (2) for the purpose of evaluating performance of an institution of higher education, the population which that institution serves should be taken into account; (3) schools whose students are from less affluent backgrounds have more difficulty with cohort default rate standards; (4) use of the cohort default rates as a determinant for participation in Federal student loan programs has kept technical and vocational school operators from opening schools in impoverished areas; (5) many individuals living in impoverished areas have been effectively denied an opportunity to access technical and vocational higher education; and (6) the performance of a technical or vocational institution of higher education can be measured by objective data concerning the outcome from the perspective of the student. SEC. 3. USE OF EDUCATIONAL QUALITY IN INSTITUTIONAL ELIGIBILITY FOR GUARANTEED STUDENT LOAN PROGRAM. Section 435(a) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; (2) in paragraph (2), by striking ``An institution'' and inserting ``Except as provided in paragraph (4), an institution''; (3) by adding at the end the following new paragraph: ``(4) Ineligibility based on educational quality index.-- ``(A) Use of index in place of cohort default rate.--A proprietary institution of higher education (as such term is defined in section 481(b)) shall not be subject to ineligibility determinations under paragraph (2), but shall be subject to such determinations on the basis of the educational quality index prescribed under this paragraph. ``(B) Prescription of index.--The Secretary of Education shall by regulation prescribe an educational quality index for the purpose of evaluating the programs of proprietary institutions of higher education. Such index shall be equal to the sum of the following component indexes: ``(i) A placement rate index which shall be based on the percentage of students who are employed in the field for which the institution has trained them. ``(ii) An index based on the institution's cohort default rate (as determined under subsection (m)). ``(iii) A successful completion index which shall be based on graduation rates (as determined for purposes of section 484(a)(1)(C)), or on certification or licensure rates (if available). ``(C) Contents of regulations.--The regulations prescribed by the Secretary under subparagraph (B) shall-- ``(i) define the minimum aggregate score that an proprietary institution of higher education must achieve, as a sum of the 3 indexes established under clauses (i), (ii), and (iii) of such subparagraph, in order for the institution to remain eligible to participate in the programs under this part; ``(ii) provide that each of such indexes shall be adjusted by multiplying such index by the sum of one plus a fraction (expressed as a decimal) equal to the difference between-- ``(I) the fraction (expressed as a decimal) of such institution's enrolled students who are eligible for Pell grants, minus ``(II) the fraction (expressed as a decimal) of all students at all institutions of higher education who are so eligible, ``(iii) provide that the weights to be attributed to such 3 indexes for purposes of aggregating such score shall require that, of the maximum possible aggregate score-- ``(I) 50 percent shall be attributed to the index described in subparagraph (B)(i); ``(II) 30 percent shall be attributed to subparagraph (B)(ii); and ``(III) 20 percent shall be attributed to subparagraph (B)(iii); and ``(iv) establish the procedures for the determination of scores for individual institutions, and for the resolution of disputes concerning such scores.''. SEC. 4. USE OF EDUCATIONAL QUALITY INDEX IN PROGRAM INTEGRITY REVIEWS. (a) State Review Entity Criteria.--Section 494C(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1099a-3(a)(1)) is amended by inserting before the period the following: ``or, in the case of a proprietary institution of higher education, an educational quality index score that does not equal or exceed the minimum established by the Secretary under section 435(a)(4)(B)(i)''. (b) Program Review.--Section 498A(a)(2)(A) of such Act (20 U.S.C. 1099c-1(a)(2)(A)) is amended by inserting before the semicolon the following: ``or, in the case of a proprietary institution of higher education, an educational quality index score that does not equal or exceed the minimum established by the Secretary under section 435(a)(4)(B)(i)''.

Educational Quality Index Act of 1997 - Amends the Higher Education Act of 1965 to substitute evaluations of educational quality for cohort default rates in eligibility determinations for proprietary institutions of higher education under the Federal student loan insurance program of the Federal Family Education Loan Program (guaranteed student loans). Establishes as the eligibility criteria requiring a program integrity review for a proprietary institution an educational quality index score that does not equal or exceed a minimum established by the Secretary of Education.

Educational Quality Index Act of 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cabin Fee Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Cabin user fees. Sec. 4. Cabin transfer fees. Sec. 5. Allocation of cabin user fee and cabin transfer fee revenue. Sec. 6. Right of appeal and judicial review. Sec. 7. Consistency with other law and rights. Sec. 8. Regulations. SEC. 2. DEFINITIONS. In this Act: (1) Authorization.--The terms ``authorized'' and ``authorization'' refer to the issuance of a special use permit for the use and occupancy of National Forest System land derived from the public domain by a cabin owner under the Recreation Residence Program. (2) Cabin.--The term ``cabin'' means a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties. (3) Cabin owner.--The term ``cabin owner'' means-- (A) a person authorized by the Secretary to use and to occupy a cabin on National Forest System land derived from the public domain; and (B) a trust or an heir or assigns of such a person. (4) Cabin transfer fee.--The term ``cabin transfer fee'' means a fee paid to the United States upon the transfer of a cabin between private parties for money or other consideration that also includes issuance of a new permit. (5) Cabin user fee.--The term ``cabin user fee'' means an annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain. (6) Current cabin user fee.--The term ``current cabin user fee'' means the most recent cabin user fee, which results from an annual adjustment to the prior cabin user fee under section 3(d). (7) Lot.--The term ``lot'' means a parcel of National Forest System land derived from the public domain on which a person is authorized to build, use, occupy, and maintain a cabin. (8) National forest system land.--The term ``National Forest System land'' is limited to National Forest System land derived from the public domain. (9) Recreation residence program.--The term ``Recreation Residence Program'' means the Recreation Residence Program established pursuant to the last paragraph under the heading ``FOREST SERVICE'' in the Act of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497). (10) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (11) Typical lot.--The term ``typical lot'' means a cabin lot, or group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract. SEC. 3. CABIN USER FEES. (a) Payment of Cabin User Fees.-- (1) Annual payment.--A cabin user fee shall be paid annually by the cabin owner. (2) Installments.--Payment of the cabin user fee for a year may be made in two installments. (b) Initial Cabin User Fees.-- (1) Establishment.--The Secretary shall establish initial cabin user fees in the manner required by this subsection. (2) Assignment to value tiers.--Upon completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall assign each permitted lot on National Forest System land to one of five tiers based on the following: (A) All appraised lot values shall be adjusted, or normalized, for price changes from its date of value according to the national NAHB/Wells Fargo Housing Opportunity Index prior to tier assignment. (B) The tiers shall be established according to relative lot value, using all fully completed appraisal data with lots having the lowest adjusted appraised value assigned to Tier 1 and lots having the highest adjusted appraised value assigned to Tier 5. (C) The number of lots (by percentage) assigned to each tier is specified in the table contained in paragraph (3). (D) Data from incomplete appraisals may not be used to establish the fee tiers. (E) Until assigned to a tier, permitted cabin lots, including lots with incomplete appraisals, are assigned an interim fee of $4000 or their current annual fee, indexed in accordance with subsection (d), whichever is less. (3) Table of initial cabin user fees.--The initial cabin user fees, based on the assignments made by the Secretary under paragraph (2) are as follows: ------------------------------------------------------------------------ Approximate Percent of Fee Tier Permits Nationally Fee Amount ------------------------------------------------------------------------ Tier 1 10% $500 ------------------------------------------------------------------------ Tier 2 35% $1,000 ------------------------------------------------------------------------ Tier 3 40% $2,000 ------------------------------------------------------------------------ Tier 4 10% $3,000 ------------------------------------------------------------------------ Tier 5 5% $4,000. ------------------------------------------------------------------------ (4) Deadline for completion of current appraisal cycle.-- The Secretary shall complete the current appraisal cycle within three years after the date of the enactment of this Act. (5) Effective date.--The initial cabin user fees required by this subsection shall take effect beginning with the first calendar year beginning after the completion of the current appraisal cycle. (c) Overpayments or Underpayments.--If, upon assignment to a tier under subsection (b), the Secretary determines that the fee charged to a cabin owner during the preceding three years resulted in an overpayment or underpayment totaling more than $500, the fee for the next three years shall be adjusted, if such a fee adjustment is requested by the Secretary or by the affected cabin owner, as necessary to correct the overpayment or underpayment. (d) Annual Adjustments of Cabin User Fee.--The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a five-year rolling average, to determine and apply an annual adjustment to cabin user fees. (e) Effect of Destruction, Substantial Damage, or Loss of Access.-- If a cabin is destroyed or suffers substantial damage amounting to greater than 50 percent of replacement cost, or if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied as a result, the Secretary shall reduce the cabin user fee for the affected lot to $100 per year. This fee shall be in effect for the remainder of the year in which the destruction occurs and until such time as the cabin may be lawfully reoccupied and normal access has been restored. SEC. 4. CABIN TRANSFER FEES. (a) Payment of Cabin Transfer Fees.--In conjunction with the transfer of ownership of any cabin and the issuance of a new permit, the transferor shall file with the Secretary a sworn statement declaring the amount of money or other value received, if any, for the transfer of the cabin. As a condition of the issuance by the Secretary of a new authorization for the use and occupancy of the cabin, the transferor shall pay, or cause to be paid, to the Secretary a cabin transfer fee in an amount determined as follows: ---------------------------------------------------------------------------------------------------------------- Consideration Received by Transfer Transfer Fee Amount ---------------------------------------------------------------------------------------------------------------- $0 to $250,000 $1,000 ---------------------------------------------------------------------------------------------------------------- $250,000.01 to $500,000.00 $1,000 plus 5% of consideration in excess of $250,000 up to $500,000 ---------------------------------------------------------------------------------------------------------------- $500,000.01 and above $1,000 plus 5% of consideration in excess of $250,000 up to $500,000 plus 10% of consideration in excess of $500,000. ---------------------------------------------------------------------------------------------------------------- (b) Index.--The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a five-year rolling average, to determine and apply an annual adjustment to the cabin transfer fee threshold amounts ($250,000.01 and $500,000.01) set forth in the table contained in subsection (a). SEC. 5. ALLOCATION OF CABIN USER FEE AND CABIN TRANSFER FEE REVENUE. (a) Retained Fees to Cover Costs.--Subject to subsection (b), the Secretary shall retain the amount of revenue from cabin user fees and cabin transfer fees necessary to fully cover the costs incurred by the Forest Service to administer the Recreation Residence Program. Revenue collected in excess of that amount shall be deposited in the Treasury. (b) Limitation.--The total retained by the Secretary under subsection (a) for a fiscal year may not exceed $500 per cabin. The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a five-year rolling average, to determine and apply an annual adjustment to this limitation. Revenue collected from cabin user fees and cabin transfer fees in excess of this limitation shall be deposited in the Treasury. SEC. 6. RIGHT OF APPEAL AND JUDICIAL REVIEW. (a) Right of Appeal.--Notwithstanding any action of a cabin owner to exercise rights in accordance with section 7, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new cabin user fee, fee tier, transfer fee, or whether or not to reduce a cabin user fee under section 3(e). Such appeal shall be pursuant to the appeal process provided under subpart C (Appeal of Decisions Relating to Occupancy and Use of National Forest System Lands) of part 251 of title 36, Code of Federal Regulations (section 251.80 et seq.). (b) Judicial Review.--A cabin owner that contests a final decision of the Secretary under this Act may bring a civil action in United States district court. The venue for actions brought before the United States District Court shall be in the United States Judicial District where the cabin is located or the permit holder resides. Nothing in this Act precludes the parties from seeking mediation. SEC. 7. CONSISTENCY WITH OTHER LAW AND RIGHTS. (a) Consistency With Rights of the United States.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource. (b) Special Rule for Alaska.--In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 8. REGULATIONS. The Secretary shall promulgate regulations to carry out this Act not later than the December 31, 2012.

Cabin Fee Act of 2010 - (Sec. 3) Requires the payment of an annual "cabin user fee" by a "cabin owner." Defines: (1) "cabin user fee" as the annual fee paid to the United States by a cabin owner pursuant to an authorization for the use and occupancy of a cabin on National Forest System land derived from the public domain; (2) "cabin owner" as a person authorized to use and occupy a cabin on National Forest System land derived from the public domain or a trust, or an heir or assigns of such a person; and (3) "cabin" as a privately built and owned recreation residence and related improvements on National Forest System land derived from the public domain that is authorized for private use and occupancy and may be sold or transferred between private parties. Directs the Secretary of Agriculture (USDA) to set initial fees in a prescribed manner. Directs the Secretary, upon the completion of the current appraisal cycle, to assign each permitted lot on National Forest System land to one of five value tiers. Requires each appraised lot value to be adjusted or normalized for price changes from its date of value as specified before being assigned to a tier. Assigns permitted cabin lots an interim fee of $4,000 or their current annual fee, whichever is less, until they are assigned to a tier. Requires the current appraisal cycle to be completed within three years of enactment of this Act. Makes the initial cabin user fees required under this Act effective after the completion of such cycle. Requires, if it is determined upon assignment to a tier, that the fee charged to a cabin owner during the preceding three years resulted in an overpayment or underpayment that totals more than $500, the fee for the following three years to be adjusted upon request, as necessary to correct the overpayment or underpayment. Provides for annual adjustments to the cabin user fees. Requires a reduction in the cabin use fee to $100 per year if access to a cabin is significantly impaired, whether by catastrophic events, natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied. Makes such a fee effective for the remainder of the year in which the destruction occurred and until such time as the cabin may be reoccupied and normal access to it has been restored. (Sec. 4) Requires payment of a "cabin transfer fee" to the United States upon the transfer of a cabin between private parties for money or other consideration. (Sec. 5) Requires the Secretary to retain revenues from cabin user fees and cabin transfer fees necessary to cover costs incurred by the Forest Service in administering the Recreation Residence Program. Limits the total amount of such revenues that may be retained in a fiscal year to $500 for each cabin. (Sec. 6) Grants cabin owners the right to an administrative appeal of a determination with regard to a new cabin user fee, fee tier, transfer fee, or whether on not to reduce a fee for a cabin that is significantly impaired. Provides for judicial review of final decisions of the Secretary made under this Act. (Sec. 7) Prohibits anything in this Act from limiting or restricting any right, title, or interest of the United States to any lands or resources. Bars the Secretary from establishing or imposing a cabin user fee or a condition that affects a cabin user fee in Alaska which is inconsistent with the provision under the Alaska National Interest Lands Conservation Act (ANILCA) concerning the effect of such Act on the renewal or continuation of existing valid cabin leases or permits on federal lands. (Sec. 8) Requires the Secretary to promulgate regulations by December 31, 2012, to carry out this Act.

To revise the Forest Service Recreation Residence Program as it applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wekiva Wild and Scenic River Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Public Law 104-311 (110 Stat. 3818) amended section 5 of the Wild and Scenic Rivers Act (16 U.S.C. 1276) to require the study of the Wekiva River and its tributaries of Rock Springs Run and Seminole Creek for potential inclusion in the national wild and scenic rivers system. (2) The study determined that the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek are eligible for inclusion in the national wild and scenic rivers system. (3) The State of Florida has demonstrated its commitment to protecting these rivers and streams by the enactment of the Wekiva River Protection Act (Florida Statute chapter 369), by the establishment of a riparian wildlife protection zone and water quality protection zone by the St. Johns River Water Management District, and by the acquisition of lands adjacent to these rivers and streams for conservation purposes. (4) The Florida counties of Lake, Seminole, and Orange have demonstrated their commitment to protect these rivers and streams in their comprehensive land use plans and land development regulations. (5) The desire for designation of these rivers and streams as components of the national wild and scenic rivers system has been demonstrated through strong public support, State and local agency support, and the endorsement of designation by the Wekiva River Basin Ecosystem Working Group, which represents a broad cross section of State and local agencies, landowners, environmentalists, nonprofit organizations, and recreational users. (6) The entire lengths of the Wekiva River, Rock Springs Run, and Black Water Creek are held in public ownership or conservation easements or are defined as waters of the State of Florida. SEC. 3. DESIGNATION OF WEKIVA RIVER AND TRIBUTARIES, FLORIDA, AS COMPONENTS OF NATIONAL WILD AND SCENIC RIVERS SYSTEM. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(161) Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek, Florida.--The 41.6-mile segments referred to in this paragraph, to be administered by the Secretary of the Interior: ``(A) Wekiva river and wekiwa springs run.--The 14.9 miles of the Wekiva River, along Wekiwa Springs Run from its confluence with the St. Johns River to Wekiwa Springs, to be administered in the following classifications: ``(i) From the confluence with the St. Johns River to the southern boundary of the Lower Wekiva River State Preserve, approximately 4.4 miles, as a wild river. ``(ii) From the southern boundary of the Lower Wekiva River State Preserve to the northern boundary of Rock Springs State Reserve at the Wekiva River, approximately 3.4 miles, as a recreational river. ``(iii) From the northern boundary of Rock Springs State Reserve at the Wekiva River to the southern boundary of Rock Springs State Reserve at the Wekiva River, approximately 5.9 miles, as a wild river. ``(iv) From the southern boundary of Rock Springs State Reserve at the Wekiva River upstream along Wekiwa Springs Run to Wekiwa Springs, approximately 1.2 miles, as a recreational river. ``(B) Rock springs run.--The 8.8 miles from the confluence of Rock Springs Run with the Wekiwa Springs Run forming the Wekiva River to its headwaters at Rock Springs, to be administered in the following classifications: ``(i) From the confluence with Wekiwa Springs Run to the western boundary of Rock Springs Run State Reserve at Rock Springs Run, approximately 6.9 miles, as a wild river. ``(ii) From the western boundary of Rock Springs Run State Reserve at Rock Springs Run to Rock Springs, approximately 1.9 miles, as a recreational river. ``(C) Black water creek.--The 17.9 miles from the confluence of Black Water Creek with the Wekiva River to outflow from Lake Norris, to be administered in the following classifications: ``(i) From the confluence with the Wekiva River to approximately .25 mile downstream of the Seminole State Forest road crossing, approximately 4.1 miles, as a wild river. ``(ii) From approximately .25 mile downstream of the Seminole State Forest road to approximately .25 mile upstream of the Seminole State Forest road crossing, approximately .5 mile, as a scenic river. ``(iii) From approximately .25 mile upstream of the Seminole State Forest road crossing to approximately .25 mile downstream of the old railroad grade crossing (approximately River Mile 9), approximately 4.4 miles, as a wild river. ``(iv) From approximately .25 mile downstream of the old railroad grade crossing (approximately River Mile 9), upstream to the boundary of Seminole State Forest (approximately River Mile 10.6), approximately 1.6 miles, as a scenic river. ``(v) From the boundary of Seminole State Forest (approximately River Mile 10.6) to approximately .25 mile downstream of the State Road 44 crossing, approximately .9 mile, as a wild river. ``(vi) From approximately .25 mile downstream of State Road 44 to approximately .25 mile upstream of the State Road 44A crossing, approximately .6 mile, as a recreational river. ``(vii) From approximately .25 mile upstream of the State Road 44A crossing to approximately .25 mile downstream of the Lake Norris Road crossing, approximately 4.7 miles, as a wild river. ``(viii) From approximately .25 mile downstream of the Lake Norris Road crossing to the outflow from Lake Norris, approximately 1.1 miles, as a recreational river.''. SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND TRIBUTARIES. (a) Definitions.--In this section and section 5: (1) Wekiva river system.--The term ``Wekiva River system'' means the segments of the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek in the State of Florida designated as components of the national wild and scenic rivers system by paragraph (161) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act. (2) Committee.--The term ``Committee'' means the Wekiva River System Advisory Management Committee established pursuant to section 5. (3) Comprehensive management plan.--The terms ``comprehensive management plan'' and ``plan'' mean the comprehensive management plan to be developed pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Cooperative Agreements.-- (1) Use authorized.--In order to provide for the long-term protection, preservation, and enhancement of the Wekiva River system, the Secretary shall offer to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Florida, appropriate local political jurisdictions of the State, namely the counties of Lake, Orange, and Seminole, and appropriate local planning and environmental organizations. (2) Effect of agreement.--Administration by the Secretary of the Wekiva River system through the use of cooperative agreements shall not constitute National Park Service administration of the Wekiva River system for purposes of section 10(c) of such Act (10 U.S.C. 1281(c)) and shall not cause the Wekiva River system to be considered as being a unit of the National Park System. Publicly owned lands within the boundaries of the Wekiva River system shall continue to be managed by the agency having jurisdiction over the lands, in accordance with the statutory authority and mission of the agency. (c) Compliance Review.--After completion of the comprehensive management plan, the Secretary shall biennially review compliance with the plan and shall promptly report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate any deviation from the plan that could result in any diminution of the values for which the Wekiva River system was designated as a component of the national wild and scenic rivers system. (d) Technical Assistance and Other Support.--The Secretary may provide technical assistance, staff support, and funding to assist in the development and implementation of the comprehensive management plan. (e) Limitation on Federal Support.--Nothing in this section shall be construed to authorize funding for land acquisition, facility development, or operations. SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE. (a) Establishment.--The Secretary shall establish an advisory committee, to be known as the Wekiva River System Advisory Management Committee, to assist in the development of the comprehensive management plan for the Wekiva River system. (b) Membership.--The Committee shall be composed of a representative of each of the following agencies and organizations: (1) The Department of the Interior, represented by the Director of the National Park Service or the Director's designee. (2) The East Central Florida Regional Planning Council. (3) The Florida Department of Environmental Protection, Division of Recreation and Parks. (4) The Florida Department of Environmental Protection, Wekiva River Aquatic Preserve. (5) The Florida Department of Agriculture and Consumer Services, Division of Forestry, Seminole State Forest. (6) The Florida Audubon Society. (7) The nonprofit organization known as the Friends of the Wekiva. (8) The Lake County Water Authority. (9) The Lake County Planning Department. (10) The Orange County Parks and Recreation Department, Kelly Park. (11) The Seminole County Planning Department. (12) The St. Johns River Water Management District. (13) The Florida Fish and Wildlife Conservation Commission. (14) The City of Altamonte Springs. (15) The City of Longwood. (16) The City of Apopka. (17) The Florida Farm Bureau Federation. (18) The Florida Forestry Association. (c) Additional Members.--Other interested parties may be added to the Committee by request to the Secretary and unanimous consent of the existing members. (d) Appointment.--Representatives and alternates to the Committee shall be appointed as follows: (1) State agency representatives, by the head of the agency. (2) County representatives, by the Boards of County Commissioners. (3) Water management district, by the Governing Board. (4) Department of the Interior representative, by the Southeast Regional Director, National Park Service. (5) East Central Florida Regional Planning Council, by Governing Board. (6) Other organizations, by the Southeast Regional Director, National Park Service. (e) Role of Committee.--The Committee shall assist in the development of the comprehensive management plan for the Wekiva River system and provide advice to the Secretary in carrying out the management responsibilities of the Secretary under this Act. The Committee shall have an advisory role only, it will not have regulatory or land acquisition authority. (f) Voting and Committee Procedures.--Each member agency, agency division, or organization referred to in subsection (b) shall have one vote and provide one member and one alternate. Committee decisions and actions will be made with consent of three-fourths of all voting members. Additional necessary Committee procedures shall be developed as part of the comprehensive management plan. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and paragraph (161) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of the Interior to offer to enter into cooperative agreements with Florida and Lake, Orange, and Seminole counties, and appropriate local planning and environmental organizations to provide for the long-term protection, preservation, and enhancement of the Wekiva river system. Declares that use of such agreements shall not constitute National Park Service administration of the Wekiva river system and shall not cause such system to be considered as a National Park System unit. Requires publicly owned lands within the system's boundaries to continue to be managed by the agency having jurisdiction over the lands. Requires the Secretary to establish the Wekiva River System Advisory Management Committee to assist in the development of the comprehensive management plan required by the Act for the system. Authorizes appropriations.

Wekiva Wild and Scenic River Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Simon Wiesenthal Holocaust Education Assistance Act''. SEC. 2. HOLOCAUST EDUCATIONAL PROGRAM. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended by adding at the end the following: ``Subpart 3--Holocaust Education Assistance Program ``SEC. 4131. FINDINGS AND PURPOSES. ``(a) Findings.--The Congress finds the following: ``(1) The Holocaust was a historical event that resulted in the systemic, state-sponsored, mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. ``(2) Eight States (California, Florida, Illinois, Indiana, Michigan, New Jersey, New York, and Rhode Island) now mandate that the Holocaust be taught in the educational curriculum, and 12 States (Alabama, Connecticut, Georgia, Mississippi, Missouri, Nevada, North Carolina, Pennsylvania, South Carolina, Tennessee, Washington, and West Virginia) recommend teaching the Holocaust but the funds necessary to carry out those recommendations may not be available. ``(3) The Holocaust is a sensitive and difficult subject to teach effectively, and educators need appropriate teaching tools and training to increase their knowledge of the Holocaust and enhance the educational experience. ``(b) Statement of Purpose.--It is the purpose of this subpart-- ``(1) to educate students in the United States so that they-- ``(A) may explore the lessons that the Holocaust provides for all people; and ``(B) may be less susceptible to the falsehood of Holocaust denial and to the destructive messages of hate that arise from Holocaust denial; and ``(2) to provide resources and support for educational programs that-- ``(A) portray accurate historical information about the Holocaust; ``(B) sensitize communities to the circumstances that gave rise to the Holocaust; ``(C) convey the lessons that the Holocaust provides for all people; and ``(D) develop curriculum guides and provide training to help teachers incorporate the study of the Holocaust and its lessons into mainstream disciplines. ``SEC. 4132. PROGRAM AUTHORIZED. ``(a) In General.--From funds made available under subsection (c), the Secretary is authorized to award grants to educational organizations to carry out proposed or existing Holocaust educational programs. ``(b) Contract With Nonprofit.--The Secretary is authorized to enter into a contract with a nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 under which the organization will encourage, accept, and administer voluntary private donations and gifts of money from individuals, corporations, foundations and other donors for the purpose of funding the activities under this subpart. A donation may not be accepted in exchange for a commitment to the donor on the part of the Secretary or which attaches conditions inconsistent with applicable laws and regulations or that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Department, or which compromises a criminal or civil position of the United States or any of its departments or agencies or the administrative authority of any agency of the United States. The Secretary shall ensure that such contract contains provisions setting forth the criteria to be used in determining whether the solicitation or acceptance of a donation is prohibited because the donation would reflect unfavorably upon the ability of the Department, or any official or employee of the Department, to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official or employee involved in those programs. ``(c) Use of Funds.--The Secretary is authorized to accept donations of money from the nonprofit described in subsection (b). Such funds shall be deposited in a special fund established in the Treasury of the United States titled `Holocaust Education Assistance Program Account' and shall remain available to the Secretary until expended, to the extent provided in advance in appropriations Acts, to carry out this subpart. ``SEC. 4133. APPLICATION. ``The Secretary may award a grant under this subpart only to an educational organization that has submitted an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 4134. USE OF GRANTS. ``(a) In General.--An educational organization receiving a grant under this subpart may use the grant only to carry out the Holocaust education program for which the grant was provided. ``(b) Requirements.--An educational organization receiving a grant under this subpart shall comply with the following requirements: ``(1) Continuation of eligibility.--The educational organization shall, throughout the period that the educational organization receives and uses the grant, continue to be an educational organization. ``(2) Supplementation of existing funds.--The educational organization shall ensure that the grant is used to supplement, and not supplant, non-Federal funds that would otherwise be available to the educational organization to carry out the Holocaust education program for which the grant was provided. ``(c) Additional Conditions.--The Secretary may require additional terms and conditions in connection with the use of grants provided under this subpart as the Secretary considers appropriate. ``(d) Cooperative Arrangements.--The Secretary should encourage educational organizations to work cooperatively with State educational agencies or local educational agencies in applying for and using grants under this subpart. ``SEC. 4135. SELECTION CRITERIA. ``(a) In General.--The Secretary shall award grants under this subpart in accordance with competitive criteria to be established by the Secretary. ``(b) Consultation With Holocaust Educators.--In establishing the competitive criteria under subsection (a), the Secretary shall consult with a number of prominent educators in the field of Holocaust education, to be determined by the Secretary. ``SEC. 4136. REVIEW AND SANCTIONS. ``(a) Annual Review.--The Secretary shall review at least annually each educational organization receiving a grant under this subpart to determine the extent to which the educational organization has complied with the provisions of this subpart and the regulations issued under this subpart. ``(b) Imposition of Sanctions.--The Secretary may impose one or more sanctions, to be determined by the Secretary, on an educational organization for the failure of the educational organization to comply substantially with the provisions of this subpart or the regulations issued under this subpart. ``SEC. 4137. ANNUAL REPORT. ``Not later than February 1 of each year, the Secretary shall submit to the Congress a report describing the activities carried out under this subpart and containing any related information that the Secretary considers appropriate. ``SEC. 4138. DEFINITIONS. ``In this subpart: ``(1) Educational organization.--The term `educational organization' means an entity-- ``(A) described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and ``(C) organized and operated for cultural, literary, or educational purposes. ``(2) Holocaust education program.--The term `Holocaust education program' means a program that-- ``(A) has as its specific and primary purpose to improve awareness and understanding of the Holocaust; and ``(B) to achieve such purpose, furnishes one or more of the following: ``(i) Educational materials. ``(ii) Student and school-based activities, including field trips. ``(iii) Teacher training. ``(iv) Any other good or service designed to improve awareness and understanding of the Holocaust. ``(3) Holocaust.--The term `Holocaust' means the systemic, state-sponsored, mass murders by Nazi Germany of 6,000,000 Jews, and millions of others, in the name of racial purity. ``SEC. 4139. REGULATIONS. ``The Secretary shall issue any regulations necessary to carry out this subpart.''. SEC. 3. CLERICAL AMENDMENT. The table of contents of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 4121 the following: ``Subpart 3--Holocaust Education Assistance Program ``Sec. 4131. Findings and purposes. ``Sec. 4132. Program authorized. ``Sec. 4133. Application. ``Sec. 4134. Use of grants. ``Sec. 4135. Selection criteria. ``Sec. 4136. Review and sanctions. ``Sec. 4137. Annual report. ``Sec. 4138. Definitions. ``Sec. 4139. Regulations.''.

Simon Wiesenthal Holocaust Education Assistance Act This bill amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education (ED) to award competitive grants to educational organizations to carry out proposed or existing Holocaust education programs. ED may contract with a nonprofit organization to encourage, accept, and administer private donations and gifts for funding the education programs. Grants may not be used to supplant nonfederal funds the grantees would otherwise have used for Holocaust education programs.

Simon Wiesenthal Holocaust Education Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Florida Wetlands Mitigation Banking Study Act of 1996''. SEC. 2. FINDINGS. Congress finds the following: (1) Mitigating the environmental impacts of necessary development actions on the Nation's wetlands and other aquatic resources is a central premise of Federal wetlands programs. While mitigation is required to prevent loss of the Nation's wetland resources, mitigation should be undertaken in a manner that is flexible, efficient, reliable, and effective. (2) Mitigation banking is wetland resource restoration, enhancement, creation, and in exceptional circumstances preservation, undertaken to provide mitigation ``credits'' to offset unavoidable wetland losses. (3) Mitigation banks often provide greater flexibility, efficiency, reliability, and effectiveness in meeting mitigation requirements than on-site mitigation can and often have significant environmental advantages over individual mitigation projects, such as-- (A) maintaining the integrity of a larger aquatic ecosystem by consolidating compensatory mitigation into a single large parcel; (B) bringing together financial resources, planning, and scientific expertise not practicable to bring to many project-specific compensatory mitigation proposals; (C) reducing permit processing times and providing more cost-effective compensatory mitigation opportunities for projects that qualify; (D) improving regulatory oversight by focusing regulatory agency resources more effectively; and (E) contributing toward attainment of the goal of no net loss of the Nation's wetlands by providing opportunities to compensate for authorized impacts when mitigation might not otherwise be appropriate or practicable. (4) The State of Florida has developed one of the most advanced regulatory frameworks in the Nation for authorizing the establishment and use of mitigation banks. Florida's statutes and regulations governing mitigation banks contain provisions for evaluating the suitability of mitigation banks, determining the number of mitigation ``credits'' to be awarded a mitigation bank, and ensuring the success and perpetual protection and management of mitigation banks. As a result, a number of mitigation banks have been successfully established and used in Florida. (5) In determining whether Federal legislation or further administrative action is necessary to encourage the establishment of mitigation banks, to allow for the use of mitigation banks to meet the requirements of applicable Federal statutes and regulations, and to ensure the proper location, success, and perpetual protection and management of mitigation banks, a study of the authorization and use of mitigation banks in Florida is necessary and useful. SEC. 3. MITIGATION BANKING STUDY. (a) In General.--The Secretary of the Army shall conduct a study of mitigation banking in the State of Florida for the purpose of evaluating the potential and problems of mitigation banking. By July 1, 1997, the Secretary shall submit a written report on the results of the study to the President, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Consultation.--In conducting this mitigation banking study and preparing the report under this section, the Secretary shall consult with the following: (1) The Environmental Protection Agency. (2) The Natural Resources Conservation Service of the Department of Agriculture. (3) The Fish and Wildlife Service of the Department of the Interior. (4) The National Marine Fisheries Service of the Department of Commerce. (5) The Florida Department of Environmental Protection. (6) The Northwest Florida Water Management District. (7) The Suwannee River Water Management District. (8) The St. Johns River Water Management District. (9) The Southwest Florida Water Management District. (10) The South Florida Water Management District. (c) Matters To Be Addressed.--The Secretary's mitigation bank study and report under this section shall address all subjects relating to the effective and responsible establishment, use, and perpetual protection and management of mitigation banks and shall specifically address the following issues: (1) Whether Federal legislation is necessary to encourage the responsible establishment, use, and perpetual protection and management of mitigation banks. (2) The manner in which mitigation banks should be authorized. (3) The legal restrictions which should be placed on lands within a mitigation bank to ensure the perpetual protection of that mitigation bank. (4) The financial responsibility that entities establishing a mitigation bank should provide to ensure the success and perpetual protection and management of that mitigation bank. (5) The manner in which wetland and upland areas within a mitigation bank should be evaluated in the award of mitigation ``credits'' to a mitigation bank. (6) The manner in which mitigation ``credits'' from a mitigation bank can be used as compensation for unavoidable impacts to wetlands and other aquatic resources. (7) The manner in which the service area of a mitigation bank should be established. (8) The relationship of mitigation banks to public acquisition or restoration programs designed to restore or enhance the environment. (9) The manner in which the siting of mitigations banks can be directed to assure compatibility with adjacent land uses and furtherance of local or regional goals for the restoration or protection of watersheds, floodplains, particular habitat types or functions, and water quality. (10) The procedure by which Federal and any State authorizations of the establishment and use of mitigation banks can be coordinated to reduce duplication and increase governmental efficiency. (d) Public Comment.--Prior to submitting the report, the Secretary shall provide notice and an opportunity for public comment on the report. The Secretary shall also solicit comments on the report from other States by submitting a copy of the report to the Interstate Counsel on Water Policy for comment.

Florida Wetlands Mitigation Banking Study Act of 1996 - Directs the Secretary of the Army to study and report to specified congressional committees and the President on the potential and problems of mitigation banking in Florida.

Florida Wetlands Mitigation Banking Study Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Recurring Reports Elimination Act of 2002''. SEC. 2. REPEAL OF VARIOUS REPORTS REQUIRED OF THE DEPARTMENT OF DEFENSE. (a) Provisions of Title 10.--Title 10, United States Code, is amended as follows: (1) Section 117 is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Section 129 is amended by striking subsection (f). (3)(A) Section 183 is repealed. (B) The table of sections at the beginning of chapter 7 is amended by striking the item relating to section 183. (4)(A) Section 230 is repealed. (B) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 230. (5)(A) Sections 482, 483, 484, and 487 are repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the items relating to sections 482, 483, 484, and 487. (6) Section 526 is amended-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (7) Section 721(d) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' before ``If an officer''. (8) Section 986 is amended by striking subsection (e). (9) Section 1095(g) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' after ``(g)''. (10) Section 1557 is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (11)(A) Section 1563 is repealed. (B) The table of sections at the beginning of chapter 80 is amended by striking the item relating to section 1563. (12) Section 1597 is amended-- (A) by striking subsections (c) and (e); (B) by redesignating subsection (d) as subsection (c); and (C) in subsection (c), as so redesignated, by striking ``or a master plan prepared under subsection (c)''. (13) Section 1798 is amended by striking subsection (d). (14) Section 1799 is amended by striking subsection (d). (15) Section 2010 is amended-- (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (16) Section 2011 is amended by striking subsection (e). (17) Section 2208(j)(2) is amended by striking ``and notifies Congress regarding the reasons for the waiver''. (18) Section 2220 is amended-- (A) by striking subsections (b) and (c); (B) by striking ``(1)'' after ``Establishment of Goals.--''; and (C) by striking ``(2) The'' and inserting ``(b) Evaluation of Cost Goals.--The''. (19) Section 2255(b) is amended-- (A) by striking paragraph (2); (B) by striking ``(1)'' after the subsection heading; (C) by redesignating subparagraph (A) as paragraph (1) and clauses (i), (ii), and (iii) thereof as subparagraphs (A), (B), and (C); and (D) by redesignating the succeeding subparagraph as paragraph (2). (20)(A) Section 2282 is repealed. (B) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2282. (21) Section 2327(c)(1) is amended-- (A) in subparagraph (A), by striking ``after the date on which such head of an agency submits to Congress a report on the contract'' and inserting ``if in the best interests of the Government''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (22) Section 2350a is amended-- (A) in subsection (f)-- (i) by striking ``Reports to Congress.--(1) Not later than'' and all that follows through ``(2) The Secretary'' and inserting ``Report to Congress.--The Secretary''; and (ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (B) in subsection (g), by striking paragraph (4). (23) Section 2350f is amended-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c). (24) Section 2350k is amended by striking subsection (d). (25) Section 2367(d) is amended by striking ``Effort.--(1) In the'' and all that follows through ``(2) After the close of'' and inserting ``Effort.--After the close of''. (26) Section 2391 is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (27) Section 2399 is amended-- (A) by striking subsection (g); and (B) by redesignating subsection (h) as subsection (g). (28) Section 2401 is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; and (C) in subsection (d), as so redesignated, by striking ``subsection (f)'' and inserting ``subsection (e)''. (29) Section 2410i(c) is amended by striking the last sentence. (30) Section 2457 is amended-- (A) by striking subsection (d); and (B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (31) Section 2464(b) is amended by striking paragraph (3). (32) Section 2486(b)(12) is amended by striking ``, except that'' and all that follows and inserting a period. (33) Section 2492 is amended by striking subsection (c). (34) Section 2493 is amended by striking subsection (g). (35)(A) Section 2504 is repealed. (B) The table of sections at the beginning of chapter 148 is amended by striking the item relating to section 2504. (36) Section 2537 is amended-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (37) Section 2563(c)(2) is amended by striking ``and notifies Congress regarding the reasons for the waiver''. (38) Section 2611 is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (39) Section 2631(b)(3) is amended by striking the last sentence. (40) Section 2662 is amended-- (A) by striking subsection (e); (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (C) in subsection (f), as so redesignated-- (i) by striking ``, and the reporting requirement set forth in subsection (e) shall not apply with respect to a real property transaction otherwise covered by that subsection,'' in paragraph (1); and (ii) by striking ``or (e), as the case may be,'' in paragraph (3). (41) Section 2667(d) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (42) Section 2676(d) is amended by striking ``and a written notification'' and all that follows through ``by the committees.'' and inserting a period. (43) Section 2688 is amended-- (A) by striking subsection (e); (B) by redesignating subsections (f) through (i) as subsections (e) through (h), respectively; and (C) in subsection (f), as so redesignated, by striking the last sentence. (44) Section 2696 is amended-- (A) by striking subsections (c) and (d); and (B) by redesignating subsection (e) as subsection (c). (45) Section 2805(b) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' after ``(b)''. (46) Section 2806(c)(2) is amended by striking ``(A) after submitting'' and all that follows through ``receipt of the report.'' and inserting a period. (47) Section 2807 is amended-- (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (48) Section 2809 is amended by striking subsection (f). (49) Section 2812(c) is amended-- (A) by striking paragraph (1); and (B) by striking ``(2)'' before ``Each Secretary''. (50) Section 2813 is amended by striking subsection (c). (51) Section 2827 is amended-- (A) by striking subsection (b); and (B) by striking ``(a) Subject to subsection (b), the Secretary'' and inserting ``The Secretary''. (52) Section 2828 is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (53) Section 2835 is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (h) as subsections (b) through (g), respectively; and (C) in subsection (a), by striking ``Subject to subsection (b), the Secretary'' and inserting ``The Secretary''. (54) Section 2836 is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; and (C) in subsection (a), by striking ``Subject to subsection (b), the Secretary'' and inserting ``The Secretary''. (55) Section 2837 is amended-- (A) in subsection (c)-- (i) by striking paragraph (2); and (ii) by striking ``(1)'' after the subsection heading; (B) by striking subsection (f); and (C) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. (56) Section 2867 is amended by striking subsection (c). (57) Section 4416 is amended by striking subsection (f). (58) Section 5721(f) is amended-- (A) by striking paragraph (2); and (B) by striking ``(1)'' after the subsection heading. (59) Section 7307(b) is amended-- (A) by striking ``law, but only after--'' and all that follows through ``to the committees.'' and inserting a period; (B) by striking paragraph (2); and (C) by striking ``(1)'' before ``A naval vessel''. (60) Section 9356 is amended-- (A) by striking subsection (c); (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (a), by striking ``Subject to subsection (c), the Secretary'' and inserting ``The Secretary''. (61) Section 12302(b) is amended by striking the last sentence. (62) Section 12304 is amended-- (A) by striking subsection (f); and (B) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively. (b) Defense Acquisition Improvement Act of 1986.--Section 908 of the Defense Acquisition Improvement Act of 1986 (10 U.S.C. 2326 note) is amended by striking subsection (b). (c) National Defense Authorization Act for Fiscal Year 1994.-- Section 542 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 113 note) is repealed. (d) National Defense Authorization Act for Fiscal Year 1995.-- Section 553(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2772; 10 U.S.C. 4331 note) is amended by striking the last sentence. (e) Ballistic Missile Defense Act of 1995.--Section 234 of the Ballistic Missile Defense Act of 1995 (subtitle C of title II of Public Law 104-106; 10 U.S.C. 2431 note) is amended by striking subsection (f). (f) Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.--Section 1006 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-247; 10 U.S.C. 2226 note) is amended by striking subsection (c). (g) Department of Defense Appropriations Act, 2001.--Section 8019 of the Department of Defense Appropriations Act, 2001 (Public Law 106- 259; 114 Stat. 678; 10 U.S.C. 2687 note), is amended by striking the last proviso. (h) Military Construction Appropriations Act, 2001.--Section 125 of the Military Construction Appropriations Act, 2001 (division A of Public Law 106-246; 114 Stat. 517), is repealed.

Defense Recurring Reports Elimination Act of 2002 - Amends Federal armed forces provisions, certain prior defense authorization and appropriations Acts, the Defense Acquisition Improvement Act of 1986, the Ballistic Missile Defense Act of 1995, and the Military Construction Appropriations Act, 2001 to repeal various reporting requirements imposed on the Department of Defense.

To reduce recurring reporting requirements imposed by law on the Department of Defense.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Access Hospitals for Veterans Act'' or the ``CAHV Act''. SEC. 2. CARE TO VETERANS AT CRITICAL ACCESS HOSPITALS. (a) Agreement Between HHS and VA.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Care at critical access hospitals ``(a) Furnishing of Care.--At the election of a veteran enrolled in the health care system established under section 1705(a) of this title, hospital care and medical services shall be furnished at critical access hospitals to the veteran pursuant to the agreement described in subsection (b)(1). ``(b) Agreement.--(1) The agreement described in this paragraph is an agreement entered into by the Secretary of Veterans Affairs and the Secretary of Health and Human Services under which-- ``(A) the Secretary of Health and Human Services, acting through the Centers for Medicare & Medicaid Services, shall, notwithstanding any other provision of law-- ``(i) ensure that a critical access hospital may submit claims to the Centers for Medicare & Medicaid Services for hospital care and medical services that are inpatient critical access hospital services and outpatient critical access hospital services (as such terms are defined in paragraphs (2) and (3), respectively, of section 1861(mm) of the Social Security Act (42 U.S.C. 1395x(mm))) furnished to a veteran under subsection (a); and ``(ii) subject to paragraphs (2) and (3), provide payment to such critical access hospital for such services furnished to such veteran in the same manner and at 100 percent of the payment rate as would otherwise be made to such critical access hospital (including any cost-sharing obligation that would otherwise apply) if such services were furnished to an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such Act, as applicable; and ``(B) not later than 30 days after the Secretary of Health and Human Services provides such payment to such critical access hospital, the Secretary of Veterans Affairs shall reimburse the Secretary of Health and Human Services an amount equal to-- ``(i) the payment provided to the critical access hospital pursuant to subparagraph (A) with respect to such services described in such subparagraph furnished to such veteran, minus ``(ii) any portion of such payment for such services furnished to such veteran for which payment would otherwise be made under title XVIII of such Act (including any cost-sharing obligation that would otherwise apply) with respect to such veteran, without application of this subsection, and which would not otherwise be provided pursuant to this chapter. ``(2) In the case of care or services furnished to a veteran by a critical access hospital for which payment would not be made under title XVIII of the Social Security Act if such veteran were an individual entitled to benefits under part A of such title or enrolled under part B, as applicable, the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly determine the payment to be made under paragraph (1)(A) to such critical access hospital for such care or services furnished to such veteran. Subparagraphs (A)(i) and (B) of paragraph (1) shall apply with respect to such care and services and any payments made pursuant to the previous sentence, respectively, in the same manner as such subparagraphs apply to services described in and payments made under subparagraph (A)(ii) of such paragraph. ``(3) In the case of services described in paragraph (1)(B)(ii) furnished to a veteran for which payment would otherwise be made under title XVIII of the Social Security Act, any cost-sharing obligation otherwise applicable to such veteran under such title with respect to such services shall apply. ``(c) Eligibility.--A veteran shall be eligible for the hospital care and medical services furnished under subsection (a) if the veteran presents to a critical access hospital and provides the critical access hospital with any document issued by the Department of Veterans Affairs that describes the enrollment of the veteran in the health care system established under section 1705(a) of this title, including an identification card described in section 5706(f) of this title or a Veterans Choice Card described in section 101(f) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(d) Care Provided.--The hospital care and medical services furnished to a veteran under subsection (a) shall be the care or services the eligible veteran is eligible to receive under this chapter. ``(e) Medical Records.--The Secretary of Veterans Affairs shall provide to a critical access hospital the medical records of a veteran being treated by such hospital if such hospital requests such records. To the extent practicable, the Secretary shall provide such records electronically. ``(f) Costs to Veterans.--Any copayments or other charges that the Secretary may collect from a veteran or third party pursuant to this chapter for hospital care or medical services furnished to a veteran at a non-Department facility shall apply to care or services furnished to the veteran under subsection (a). ``(g) Reports.--During the five-year period beginning on the date of the enactment of this section, and from time to time thereafter, the Secretary of Veterans Affairs, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Veterans' Affairs and Energy and Commerce of the House of Representatives and the Committees on Veteran's Affairs and Health, Education, Labor, and Pensions of the Senate an annual report on the hospital care and medical services furnished under subsection (a). Each such report shall explain how furnishing such care and services under subsection (a) affects the following: ``(1) The resources of the Department of Veterans Affairs. ``(2) The costs incurred by veterans to receive such care and services. ``(3) The amount of time a veteran must wait to receive hospital care and services. ``(h) Critical Access Hospital Defined.--In this section, the term `critical access hospital' means a hospital designated or certified as a critical access hospital pursuant to section 1820 of the Social Security Act (42 U.S.C. 1395i-4).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1703 the following new item: ``1703A. Care at critical access hospitals.''. (b) Medicare Condition of Participation.--Section 1820(e) of the Social Security Act (42 U.S.C. 1395i-4(e)) is amended-- (1) in paragraph (2), by striking at the end ``and''; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph: ``(3) agrees to furnish items and services to veterans in accordance with the agreement entered into between the Secretary and the Secretary of Veterans Affairs under section 1703A of title 38, United States Code; and''.

Critical Access Hospitals for Veterans Act or the CAHV Act This bill directs the Department of Veterans Affairs (VA) to provide eligible requesting veterans who are enrolled in the VA health care system with hospital care and medical services at critical access hospitals pursuant to an agreement between the VA and the Department of Health and Human Services.

CAHV Act

SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED WITHOUT PENALTY TO PURCHASE FIRST HOMES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to exceptions to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end thereof the following new subparagraph: ``(D) Distributions from certain plans for first home purchases.--Distributions to an individual from an individual retirement plan which are qualified first- time homebuyer distributions (as defined in paragraph (6)).'' (b) Qualified First-time Homebuyer Distributions.--Section 72(t) of such Code is amended by adding at the end thereof the following new paragraph: ``(6) Qualified first-time homebuyer distributions.--For purposes of paragraph (2)(D)-- ``(A) In general.--The term `qualified first-time homebuyer distribution' means any payment or distribution received by an individual to the extent such payment or distribution is used by the individual before the close of the 60th day after the day on which such payment or distribution is received to pay qualified acquisition costs with respect to a principal residence of a first-time homebuyer who is such individual or the spouse, child, or grandchild of such individual. ``(B) Qualified acquisition costs.--For purposes of this paragraph, the term `qualified acquisition costs' means the costs of acquiring, constructing, or reconstructing a residence. Such term includes any usual or reasonable settlement, financing, or other closing costs. ``(C) First-time homebuyer; other definitions.--For purposes of this paragraph-- ``(i) First-time homebuyer.--The term `first-time homebuyer' means any individual if-- ``(I) such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this paragraph applies, and ``(II) subsection (a)(6), (h), or (k) of section 1034 did not suspend the running of any period of time specified in section 1034 with respect to such individual on the day before the date the distribution is applied pursuant to subparagraph (A)(ii). ``(ii) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(iii) Date of acquisition.--The term `date of acquisition' means the date-- ``(I) on which a binding contract to acquire the principal residence to which subparagraph (A) applies is entered into, or ``(II) on which construction or reconstruction of such a principal residence is commenced. ``(D) Special rule where delay in acquisition.--If any distribution from any individual retirement plan fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of the residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) (determined by substituting `120 days' for `60 days' in such section), except that-- ``(i) section 408(d)(3)(B) shall not be applied to such contribution, and ``(ii) such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount.'' (c) Effective Date.--The amendments made by this section shall apply to payments and distributions after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow penalty-free withdrawals from individual retirement plans if used within 60 days for the acquisition of a principal residence for a first-time homebuyer.

To amend the Internal Revenue Code of 1986 to permit penalty-free withdrawals from individual retirement plans for the acquisition of a first home.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast and Cervical Cancer Amendments of 1993''. SEC. 2. REVISIONS IN PROGRAM OF STATE GRANTS REGARDING BREAST AND CERVICAL CANCER. (a) Limited Authority Regarding For-Profit Entities.-- (1) In general.--Section 1501(b) of the Public Health Service Act (42 U.S.C. 300k(b)) is amended-- (A) by striking ``States.--A State'' and all that follows through ``may expend'' and inserting the following: ``States.-- ``(1) In general.--A State receiving a grant under subsection (a) may, subject to paragraphs (2) and (3), expend''; and (B) by adding at the end the following paragraphs: ``(2) Limited authority regarding other entities.--In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) through entering into contracts with private entities. ``(3) Payments for screenings.--The amount paid by a State to an entity under this subsection for a screening procedure under subsection (a)(1) may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.''. (2) Conforming amendment.--Section 1505(3) of the Public Health Service Act (42 U.S.C. 300n-1(3)) is amended by inserting before the semicolon the following: ``(and additionally, in the case of services and activities under section 1501(a)(1), with any similar services or activities of private entities)''. (b) Special Consideration for Grants.--Section 1501 of the Public Health Service Act (42 U.S.C. 300k) is amended by adding at the end thereof the following new subsection: ``(c) Special Consideration.--In making grants under subsection (a) after the date of enactment of this subsection, the Secretary shall give special consideration to projects that have been peer reviewed and approved and that involve areas that-- ``(1) have high cervical or breast cancer mortality rates; or ``(2) have a high incidence of cervical or breast cancer.''. (c) Exemption From Matching Requirements.--Section 1502(b)(1) of the Public Health Service Act (42 U.S.C. 300l(b)(1)) is amended to read as follows: ``(1) Types of contributions.-- ``(A) General rule.--Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(B) Donated treatment services.--In meeting the non-Federal contribution requirement of this section, the State involved-- ``(i) may, with respect to a grant awarded for a program under paragraph (1) or (2) of section 1501(a), use the value of any donated outreach services associated with the delivery of breast and cervical cancer screenings conducted under the program, and the value of any additional donated breast or cervical cancer diagnostic or treatment services provided subsequent to the screening conducted under the program; and ``(ii) may not, with respect to a grant awarded for a program under paragraph (3), (4), (5) or (6) of section 1501(a), include the value of any donated breast or cervical cancer outreach, diagnosis, or treatment services.''. (d) Quality Assurance Regarding Screening Procedures.-- (1) In general.--Section 1503 of the Public Health Service Act (42 U.S.C. 300m) is amended-- (A) in subsection (a)-- (i) in paragraph (1), to read as follows: ``(1) to ensure that, after a limited period of time and thereafter throughout the period during which amounts are received pursuant to the grant, except for the period of the first year when a 50 percent minimum shall apply, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 1501(a), including making available screening procedures for both breast and cervical cancers;''; and (ii) in paragraph (4), to read as follows: ``(4) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of section 1501(a), except in the case of the first year during which the maximum expended for these purposes shall not exceed 50 percent of the grant.''; and (B) by striking subsections (c) through (e) and inserting the following: ``(c) Quality Assurance Regarding Screening Procedures.--The Secretary may not make a grant under section 1501 unless the State involved agrees that the State will, in accordance with applicable law, assure the quality of screening procedures conducted pursuant to such section.''. (2) Transition rule regarding mammographies.--With respect to the screening procedure for breast cancer known as a mammography, the requirements in effect on the day before the date of the enactment of this Act under section 1503(c) of the Public Health Service Act remain in effect (for an individual or facility conducting such procedures pursuant to a grant to a State under section 1501 of such Act) until there is in effect for the facility a certificate (or provisional certificate) issued under section 354 of such Act. (e) Statewide Provision of Services.--Section 1504(c) of the Public Health Service Act (42 U.S.C. 300n(c)) is amended by adding at the end the following paragraph: ``(3) Grants to tribes and tribal organizations.-- ``(A) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to tribes and tribal organizations (as such terms are used in paragraph (1)) for the purpose of carrying out programs described in section 1501(a). This title applies to such a grant (in relation to the jurisdiction of the tribe or organization) to the same extent and in the same manner as such title applies to a grant to a State under section 1501 (in relation to the jurisdiction of the State). ``(B) If a tribe or tribal organization is receiving a grant under subparagraph (A) and the State in which the tribe or organization is located is receiving a grant under section 1501, the requirement established in paragraph (1) for the State regarding the tribe or organization is deemed to have been waived under paragraph (2).''. (f) Evaluations and Reports.--Section 1508 of the Public Health Service Act (42 U.S.C. 300n-4) is amended-- (1) in subsection (a), by adding at the end the following sentence: ``Such evaluations shall include evaluations of the extent to which States carrying out such programs are in compliance with section 1501(a)(2) and with section 1504(c).''; and (2) in subsection (b), by inserting before the period the following: ``, including recommendations regarding compliance by the States with section 1501(a)(2) and with section 1504(c)''. (g) Technical Corrections.--Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended-- (1) in section 1501(a), in the matter preceding paragraph (1), by striking ``Control,'' and inserting ``Control and Prevention,''; and (2) in section 1505-- (A) in paragraph (3), by striking ``nonprivate'' and inserting ``nonprofit private''; and (B) in paragraph (4), by inserting ``will'' before ``be used''. SEC. 3. ESTABLISHMENT OF DEMONSTRATION PROGRAM OF GRANTS FOR ADDITIONAL PREVENTIVE HEALTH SERVICES FOR WOMEN. (a) In General.--Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended-- (1) by redesignating section 1509 as section 1510; and (2) by inserting after section 1508 the following section: ``SEC. 1509. SUPPLEMENTAL GRANTS FOR ADDITIONAL PREVENTIVE HEALTH SERVICES. ``(a) Demonstration Projects.--In the case of States receiving grants under section 1501, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to not more than 3 such States to carry out demonstration projects for the purpose of-- ``(1) providing preventive health services in addition to the services authorized in such section, including screenings regarding blood pressure and cholesterol, and including health education; ``(2) providing appropriate referrals for medical treatment of women receiving services pursuant to paragraph (1) and ensuring, to the extent practicable, the provision of appropriate follow-up services; and ``(3) evaluating activities conducted under paragraphs (1) and (2) through appropriate surveillance or program-monitoring activities. ``(b) Status as Participant in Program Regarding Breast and Cervical Cancer.--The Secretary may not make a grant under subsection (a) unless the State involved agrees that services under the grant will be provided only through entities that are screening women for breast or cervical cancer pursuant to a grant under section 1501. ``(c) Applicability of Provisions of General Program.--This title applies to a grant under subsection (a) to the same extent and in the same manner as such title applies to a grant under section 1501. ``(d) Funding.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. ``(2) Limitation regarding funding with respect to breast and cervical cancer.--The authorization of appropriations established in paragraph (1) is not effective for a fiscal year unless the amount appropriated under section 1510(a) for the fiscal year equals or exceeds $100,000,000.''. (b) Conforming Amendment.--Section 1510(a) of the Public Health Service Act, as redesignated by subsection (a)(1) of this section, is amended in the heading for the section by striking ``funding.'' and inserting ``funding for general program.''. SEC. 4. FUNDING FOR GENERAL PROGRAM. Section 1510(a) of the Public Health Service Act (as redesignated by section 3(a)(2)) is amended-- (1) by striking ``and'' after ``1991,''; and (2) by inserting before the period the following: ``, $200,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998''.

Breast and Cervical Cancer Amendments of 1993 - Amends Public Health Service Act provisions authorizing grants for breast and cervical cancer preventive health measures to allow States to make contracts with private entities, provided the amount paid does not exceed the amount that would be paid under title XVIII (Medicare) of the Social Security Act. Requires special consideration to be given to projects that have been peer reviewed and approved and that involve areas that have high cervical or breast cancer mortality rates or a high incidence of such cancers. Revises breast and cervical cancer screening quality assurance requirements. Allows the grants to be made to tribes and tribal organizations. Includes these changes in evaluation and reporting requirements. Authorizes demonstration project grants to up to three States receiving the cancer grants to provide: (1) additional preventive services, including health education and screening regarding blood pressure and cholesterol; (2) referrals and follow up for women receiving the cancer services; and (3) related evaluations. Authorizes appropriations. Authorizes appropriations to carry out the breast and cervical cancer preventive health measures provisions.

Breast and Cervical Cancer Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Meals Stigma Reduction Act''. SEC. 2. RETROACTIVE REIMBURSEMENT. (a) Retroactive Reimbursements.--Section 9(b)(9)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)(C)) is amended to read as follows: ``(C) Duration.-- ``(i) In general.--Except as otherwise specified in paragraph (3)(E), (3)(H)(ii), and section 11(a), eligibility for free or reduced price meals for any school year shall remain in effect-- ``(I) beginning on the date of eligibility approval for the current school year; and ``(II) ending on a date during the subsequent school year determined by the Secretary. ``(ii) Retroactivity.--A local educational agency may revise a previously submitted meal claim to reflect the eligibility approval of a child for free or reduced price meals for a period not to exceed a total of 90 days, beginning not earlier than the first operating day of the current school year and ending on the date of eligibility approval for the child for such school year.'' (b) Reducing Stigma Associated With Unpaid Meal Fees.--Section 9(b)(10) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758 (b)(10)) is amended to read as follows: ``(10) Prohibition on discrimination and prevention of stigma.-- ``(A) Overt identification prohibited.--No physical segregation of or other discrimination against any child eligible for a free meal or a reduced price meal under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) shall be made by the school nor shall there be any overt identification of any child by special tokens or tickets, announced or published list of names, or by other means. ``(B) Reimbursable meals for eligible children.-- ``(i) Children eligible for free meals.-- Each child eligible for a free meal shall be provided the meal that is being provided under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) on any given day, regardless of any unpaid fees. ``(ii) Children eligible for reduced price meals.--Each child eligible for a reduced-price meal shall be provided the meal that is being provided under the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) on any given day, as long as the child pays the reduced-price meal fee that day, regardless of any unpaid fees. ``(C) Substitute meal policies for children with unpaid school meal fees.-- ``(i) In general.--A local educational agency that wishes to implement a substitute meal policy for children with unpaid school meal fees shall develop a plan described in clause (ii) to ensure that the policy does not create stigma with respect to such children. ``(ii) Plan description.--The plan shall be approved in writing by the applicable State agency and include an explanation of-- ``(I) how the policy will be implemented so that stigma is not created; ``(II) how staff will be trained to ensure that the policy is carried out correctly; and ``(III) how the affected households will be provided with assistance in establishing eligibility for free or reduced-price school meals. ``(D) Eligibility determination.--For any child who is a member of a household that owes a week or more of fees for meals, a local educational agency shall-- ``(i) attempt to directly certify the child for free meals under paragraph (4) or (5); or ``(ii) in a case where the local educational agency is not able to directly certify the child under paragraph (4) or (5), provide to the household-- ``(I) a household application and applicable descriptive material; and ``(II) written and oral communications to encourage the household to submit the application. ``(E) Unpaid fees.--The local educational agency may attempt to collect unpaid school meal fees from a household, but the local educational agency shall not-- ``(i) take any action directed at a child who is a member of the household, including withholding educational opportunities or stigmatizing the child; or ``(ii) use a debt collector (as such term is defined in section 803 of the Consumer Credit Protection Act (15 U.S.C. 1692a)) to attempt to collect unpaid fees from the household.''.

School Meals Stigma Reduction Act - Amends the Richard B. Russell National School Lunch Act to allow local educational agencies (LEAs) to revise previously submitted meal claims to approve children retroactively for up to 90 days for free or reduced price meals under the school lunch program. Requires children who are eligible for free meals under the school lunch or breakfast programs to be provided the meal that is provided on any given day, regardless of unpaid fees. Requires children who are eligible for reduced price meals under the school lunch or breakfast programs to be provided the meal that is provided on any given day, as long as the child pays the reduced-price meal fee that day, regardless of unpaid fees. Directs LEAs that wish to implement a substitute meal policy for children with unpaid school meal fees to ensure that it doesn't stigmatize the children. Requires LEAs to directly certify children who owe at least a week of meal fees as eligible for free meals or provide their households with the materials and encouragement to apply for such meals. Prohibits LEAs attempting to collect unpaid school meal fees from a household from taking any action directed at the household's child or using a debt collector.

To amend the Richard B. Russell National School Lunch Act to reduce stigma associated with unpaid meal fees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Medicare Coverage Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Medicare requires beneficiaries to be hospitalized for medically necessary inpatient hospital care for at least three consecutive days before covering post-hospital care in a skilled nursing facility under section 1861(i) of the Social Security Act (42 U.S.C. 1395x(i)). (2) Often patients remain under ``observation status'' in the hospital for several days and these observation days are not counted toward the 3-day stay requirement because they are considered outpatient days. (3) Hospitals' use of observation stays has increased sharply since 2006. According to the March 2014 report of the Medicare Payment Advisory Commission, outpatient visits, many of which are observation stays, increased 28.5 percent between 2006 and 2012, with a simultaneous 12.6 percent decrease in inpatient stays over this same six-year time period. A study published in Health Affairs found a 34-percent increase in the ratio of observation stays to inpatient admissions between 2007 and 2009, leading the researchers to conclude that outpatient observation status was becoming a substitute for inpatient admission. The same study also documented increases in long- stay outpatient status, including an 88-percent increase in observation stays exceeding 72 hours. (4) To health care providers, care provided during observation is indistinguishable from the care provided to inpatients and all medically necessary care is provided, regardless of patient status. Beneficiaries are generally not informed of their inpatient or outpatient status and assume that they are inpatients when they are placed in a hospital bed, only to find out that such care was not counted for purposes of satisfying eligibility requirements for medically prescribed Medicare coverage of post-hospital care in a skilled nursing facility. (5) Older Americans and people with disabilities who are hospitalized but do not meet the 3-day inpatient hospital stay requirement simply because they were placed in ``outpatient observation status'' for some or all of their hospital stay (even when their total actual stay exceeds three days in the hospital) can face a significant and unexpected financial burden, which can amount to thousands of dollars, for skilled nursing facility care. Among beneficiaries who received care in a skilled nursing facility that Medicare did not cover, the average out-of-pocket charges were more than $10,000, according to the Office of Inspector General of the Department of Health and Human Services. (6) The Centers for Medicare & Medicaid Services (CMS) attempted to provide hospitals with clarity on which patients should be categorized as inpatients in the inpatient hospital payment rule for fiscal year 2014. However, this rule fails Medicare beneficiaries because it does not address the problem and explicitly states that days spent in observation status do not count for purposes of satisfying the 3-day inpatient stay requirement. (7) Because of CMS' policy which indicates days under observation do not count towards the 3-day inpatient stay requirement, some patients under observation and their families will continue to face a significant, often insurmountable financial burden if they need skilled nursing care after their hospital stay. (8) This Act updates Medicare policy by deeming patients under observation as inpatients for the purposes of satisfying the Medicare 3-day inpatient stay requirement. This Act does not repeal the 3-day inpatient stay requirement; rather it simply expands the Secretary's administrative definition of ``inpatient'' for purposes of the 3-day stay requirement to include time spent under observation. As such, it is not a reprise of the Medicare Catastrophic Coverage Act of 1988, which repealed the 3-day requirement. This Act simply restores the original objective of the 3-day rule, which was to ensure Medicare coverage of skilled nursing facility stays following hospital care for patients who stayed in the hospital for 3 days. (9) It is the intent of this Congress, through this Act, to allow access to skilled nursing care for the population of beneficiaries who meet medical necessity requirements for such care, but who do not satisfy the 3-day inpatient stay requirement simply because some or all of their time in the acute care hospital is characterized as ``outpatient observation status'' for billing purposes. (10) It is the understanding of Congress that the Secretary of Health and Human Services will monitor patterns of behavior to ensure that providers deliver appropriate and needed levels of care. (11) The Office of the Inspector General of the Department of Health and Human Services is supportive of counting hospital observation days towards the 3-day inpatient stay requirement. In addition, in September 2013, the Congressionally established Commission on Long-Term Care recommended that CMS count time spent in observation status toward meeting Medicare's 3-day stay requirement. SEC. 3. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT OBSERVATION SERVICES IN A HOSPITAL TOWARD THE 3-DAY INPATIENT HOSPITAL STAY REQUIREMENT FOR COVERAGE OF SKILLED NURSING FACILITY SERVICES UNDER MEDICARE. (a) In General.--Section 1861(i) of the Social Security Act (42 U.S.C. 1395x(i)) is amended by adding at the end the following: ``For purposes of this subsection, an individual receiving outpatient observation services shall be deemed to be an inpatient during such period, and the date such individual ceases receiving such services shall be deemed the hospital discharge date (unless such individual is admitted as a hospital inpatient at the end of such period).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to receipt of outpatient observation services beginning on or after January 1, 2015, but applies to a period of post-hospital extended care services that was completed before the date of the enactment of this Act only if an administrative appeal is or has been made with respect to such services not later than 90 days after the date of the enactment of this Act. Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement such amendment through an interim final regulation, program instruction, or otherwise.

Improving Access to Medicare Coverage Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving outpatient observation services in a hospital to be an inpatient with respect to satisfying the three-day inpatient hospital requirement in order to entitle the individual to Medicare coverage of any post-hospital extended care services in a skilled nursing facility.

Improving Access to Medicare Coverage Act of 2015

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security for the fiscal year ending September 30, 2005, and for other purposes, namely: TITLE I--DEPARTMENT OF ENERGY Atomic Energy Defense Activities National Nuclear Security Administration defense nuclear nonproliferation For Department of Energy expenses, including the purchase, construction, acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense, defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,400,000,000, to remain available until expended. TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, $1,899,711,000: Provided, That this amount is distributed as follows: Centers for Disease Control and Prevention, $1,245,223,000; Office of the Secretary, $64,438,000; National Institutes of Health, $47,400; and Health Resources and Services Administration, $542,650,000: Provided further, That employees of the Centers for Disease Control and Prevention or the Public Health Service, both civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under authority of section 214 of the Public Health Service Act for purposes related to homeland security, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department of Health and Human Services during the period of detail or assignment. In addition, $400,00,000, to remain available until expended, for the Strategic National Stockpile. In addition, for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies, $100,000,000, to remain available until expended. TITLE III--DEPARTMENT OF HOMELAND SECURITY Border and Transportation Security Customs and Border Protection salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports; acquisition, lease, maintenance and operation of aircraft; purchase and lease of up to 4,500 (3,935 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $5,080,000,000; of which $3,000,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to Public Law 103-182 and notwithstanding section 1511(e)(1) of Public Law 107-296; of which not to exceed $40,000 shall be for official reception and representation expenses; of which not to exceed $400,000,000 shall remain available until September 30, 2006, for inspection and surveillance technology, unmanned aerial vehicles, and equipment for the Container Security Initiative; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Under Secretary for Border and Transportation Security; and of which not to exceed $5,000,000 shall be available for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration: Provided, That notwithstanding any other provision of law, none of the funds appropriated shall be available to compensate any employee for overtime in an annual amount in excess of $35,000 and the fiscal year aggregate overtime limitation prescribed in subsection 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be $35,000, except that the Commissioner of Customs and Border Protection, or his designee, may exceed that amount, for any employee, as necessary for national security purposes or to meet emergency requirements of Customs and Border Protection. Immigration and Customs Enforcement federal air marshals For necessary expenses of the Federal air marshals, $700,000,000, to remain available until expended. air and marine interdiction, operations, maintenance, and procurement For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, and other related equipment of the air and marine program, including operational training and mission- related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Bureau of Immigration and Customs Enforcement; and at the discretion of the Under Secretary for Border and Transportation Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $305,000,000 to remain available until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to Bureau of Immigration and Customs Enforcement requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2005 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives. Transportation Security Administration aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 597), $4,540,000,000, to remain available until expended, of which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That of the total amount provided under this heading, not to exceed $2,008,000,000 shall be for passenger screening activities; not to exceed $1,628,000,000 shall be for baggage screening activities; and not to exceed $904,000,000 shall be for airport security direction and enforcement presence: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections: Provided further, That the sum herein appropriated from the General Fund shall be reduced on a dollar-for- dollar basis as such offsetting collections are received during fiscal year 2005, so as to result in a final fiscal year appropriation from the General Fund estimated at not more than $2,717,000,000: Provided further, That any security service fees collected pursuant to section 118 of Public Law 107-71 in excess of the amount appropriated under this heading shall be treated as offsetting collections in fiscal year 2005: Provided further, That none of the funds herein appropriated may be used to approve, renew, or implement any aviation cargo security plan that permits the transporting of unscreened or uninspected cargo on passenger planes. maritime and land security For necessary expenses of the Transportation Security Administration related to maritime and land transportation security grants and services pursuant to the Aviation and Transportation Security Act (49 U.S.C. 40101 note), $650,000,000, to remain available until September 30, 2006. Office for Domestic Preparedness state and local programs For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $3,875,000,000, which shall be allocated as follows: (1) $1,700,000,000 for formula-based grants and $1,000,000,000 for law enforcement terrorism prevention grants pursuant to section 1014 of the USA PATRIOT Act of 2001 (42 U.S.C. 3714); and (2) $800,000,000 for discretionary grants for use in high- threat, high-density urban areas, as determined by the Secretary of Homeland Security: Provided, That section 1014(c)(3) of the USA PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall not apply to these grants: Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) and discretionary grants under paragraph (2) of this heading shall be available for operational costs, to include personnel overtime and overtime associated with Office for Domestic Preparedness certified training, as needed. firefighter assistance grants For necessary expenses for programs authorized by section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), $800,000,000, to remain available until September 30, 2005: Provided, That not to exceed 5 percent of this amount shall be available for program administration. Emergency Preparedness and Response public health programs For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $94,000,000, to remain available until expended. emergency management performance grants For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Provided, That total administrative costs shall not exceed 3 percent of the total appropriation.

Makes appropriations for homeland security programs within the Departments of Energy (DOE), Health and Human Services (HHS), and Homeland Security (DHS) for FY 2005, including to: (1) DOE for atomic energy defense and defense nuclear nonproliferation activities; (2) HHS for the Public Health and Social Services Emergency Fund, the Strategic National Stockpile, and for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies; and (3) DHS for border and transportation security and customs and border protection, Federal air marshals, air and marine interdiction operations and procurement, the Transportation Security Administration (for civil aviation security and maritime and land transportation security), the Office for Domestic Preparedness (including for State and local government grants for terrorism prevention activities and for firefighter assistance grants), countering potential biological, disease, and chemical threats to civilian populations, and emergency management performance grants.

Making appropriations for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security for the fiscal year ending September 30, 2005, and for other purposes.

SECTION 1. ACCESS BY THE DEPARTMENT OF STATE AND THE INS TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED STATES. (a) Amendment of the Immigration and Nationality Act.--Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is amended-- (1) in the section heading, by inserting ``; data exchange'' after ``security officers''; (2) by inserting ``(a)'' after ``Sec. 105.''; (3) in subsection (a), by inserting ``and border'' after ``internal'' the second place it appears; and (4) by adding at the end the following: ``(b)(1) Upon the promulgation of final regulations under subsection (d), the Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file. ``(2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge. ``(3) Whoever knowingly uses any information obtained pursuant to this subsection for a purpose other than as authorized under this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than two years, or both. ``(4) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy previously provided extracts. ``(5) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicant's fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation. ``(c) Upon the development and deployment of a more cost-effective and efficient means of providing the same information as is provided under subsection (b), the Attorney General and the receiving agency may suspend the arrangement for providing the access described in this section and substitute the newer means. ``(d) For purposes of administering this section, the Department of State shall, prior to receiving access to NCIC data but not later than 4 months after the date of enactment of this subsection, promulgate final regulations-- ``(1) to implement procedures for the taking of fingerprints; and ``(2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order-- ``(A) to limit the redissemination of such information; ``(B) to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the United States; ``(C) to ensure the security, confidentiality, and destruction of such information; and ``(D) to protect any privacy rights of individuals who are subjects of such information.''. (b) Reporting Requirement.--Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of State jointly shall report to Congress on the implementation of the amendments made by this section. (c) Statutory Construction.--Nothing in this section, or in any other law, shall be construed to limit the authority of the Attorney General or the Director of the Federal Bureau of Investigation to provide access to the criminal history record information contained in the National Crime Information Center's (NCIC) Interstate Identification Index (NCIC-III), or to any other information maintained by the NCIC, to any Federal agency or officer authorized to enforce or administer the immigration laws of the United States, for the purpose of such enforcement or administration, upon terms that are consistent with the National Crime Prevention and Privacy Compact Act of 1998 (subtitle A of title II of Public Law 105-251; 42 U.S.C. 14611-16) and section 552a of title 5, United States Code.

Amends the Immigration and Nationality Act to require the Attorney General and the Federal Bureau of Investigation (FBI) to provide the Department of State and the Immigration and Naturalization Service with access to specified criminal history extracts in order to determine whether or not a visa or admissions applicant has a criminal history. Directs the FBI to provide periodic extract updates. Provides for confidentiality and fines for the misuse of such information.

A bill to provide for electronic access by the Department of State and Immigration and Naturalization Service to certain information in the criminal history records of the Federal Bureau of Investigation to determine whether or not a visa applicant or applicant for admission has a criminal record.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Services Corps and Loan Repayment Programs Renewal Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Health Service Corps is a vital resource for underserved communities experiencing shortages of health professionals. (2) For over 35 years, National Health Service Corps clinicians have expanded access to primary and preventive health care, dental care, mental health, and behavioral health services in underserved areas of the United States and have improved health outcomes among underserved populations. (3) The National Health Service Corps Scholarship Program provides a predictable supply of clinicians who will pursue employment in primary care for underserved communities. Upon completion of their training, National Health Service Corps scholars become salaried employees of organized systems of care in such underserved communities. (4) The National Health Service Corps Loan Repayment Program helps communities meet their immediate needs for health professionals by offering to pay off qualifying educational loans in exchange for 2 years of service in an underserved community. (5) A recent report in the Journal of the American Medical Association found that community health centers are facing 13 percent vacancies for family physician positions and 20.8 percent vacancies for OB-GYN positions. The study cited heavy reliance on the National Health Service Corps and recommended expanding the program in order to address those needs. (6) Critical to the growth of new and existing health centers is having a sufficient supply of primary care health professionals to staff them. Currently, health centers rely on the National Health Service Corps for over 20 percent of their physician workforce. Yet, just over half of all Corps placements are made to health centers, even though they are one of the strongest cords in the health care safety net. (7) Health facilities in rural areas, including community health centers and rural health clinics, face primary care vacancy rates higher than the national average, and are more heavily reliant on the National Health Service Corps to address those needs. (8) The number of new medical residents choosing a primary care discipline as a medical specialty is declining, and the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program provide an important incentive for students to choose to pursue a career in primary care. SEC. 3. NATIONAL HEALTH SERVICE CORPS. (a) Funding.--To carry out the programs authorized under sections 331 through 338G of the Public Health Service Act (42 U.S.C. 254d- 254p), there are authorized to be appropriated, and there are appropriated-- (1) for fiscal year 2008, $131,500,000; (2) for fiscal year 2009, $175,000,000; (3) for fiscal year 2010, $200,000,000; (4) for fiscal year 2011, $225,000,000; and (5) for fiscal year 2012, $250,000,000. (b) Assignment of Personnel.-- (1) In general.--Section 333(a)(3) of the Public Health Service Act (42 U.S.C. 254f(a)(3)) is amended to read as follows: ``(3)(A) In approving applications for assignment of members of the Corps, the Secretary shall not discriminate against applications from entities that are not receiving Federal financial assistance under this Act. ``(B) In approving the applications described in subparagraph (A), the Secretary shall-- ``(i) give preference to applications in which a nonprofit entity or public entity shall provide a site to which Corps members may be assigned; and ``(ii) give the highest preference to applications-- ``(I) for entities described in clause (i) that are federally-qualified health centers as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)); ``(II) or entities described in clause (i) that are rural health clinics; and ``(III) for entities described in clause (i) that primarily serve health disparity populations or medically underserved populations.''. (2) Priorities in assignment of corps personnel.--Section 333A of the Public Health Service Act (42 U.S.C. 254f-1) is amended-- (A) in subsection (a)-- (i) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (ii) by inserting before paragraph (2) (as so redesignated) the following: ``(1) give preference to applications as set forth in subsection (a)(3) of such section;''; and (B) by striking ``subsection (a)(1)'' each place such appears and inserting ``subsection (a)(2)''. (3) Conforming amendment.--Section 338I(c)(3)(B)(ii) of the Public Health Service Act (42 U.S.C. 254q-1(c)(3)(B)(ii)) is amended by striking ``section 333A(a)(1)'' and inserting ``section 333A(a)(2)''. (c) Elimination of 6-Year Demonstration Requirement.--Section 332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is amended by striking ``Not earlier than 6 years'' and all that follows through ``purposes of this section''.

National Health Services Corps and Loan Repayment Programs Renewal Act of 2007 - Reauthorizes appropriations for the National Health Service Corps for FY2008-FY2012. Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in approving applications for assignment of members of the Corps, to give the highest preference to entities that are federally-qualified health centers, that are rural health clinics, and that primarily serve health disparity populations or medically underserved populations. Repeals the requirement that federally qualified health centers and rural health clinics demonstate that they meet health professional shortage area requirements every six years after such a center or clinic is designated as having such a shortage.

To reauthorize and improve programs of the National Health Service Corps.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Netizens Protection Act of 2001''. SEC. 2. PROHIBITION OF INITIATION OF TRANSMISSION OF UNSOLICITED ELECTRONIC MAIL. (a) In General.--No person may initiate, or cause to be initiated, the transmission of an unsolicited electronic mail message in or affecting interstate or foreign commerce if the message-- (1) does not contain the name, physical address, and electronic mail address of the person who initiates the transmission of the message; (2) does not provide an electronic method by which the recipient of the message can contact the person who initiated the transmission of the message to request that no further such messages be sent, which method may include electronic mail or Internet access; or (3)(A) is part of a bulk transmission of such messages; and (B) includes information that is located in the subject line of the message and is false or misleading with respect to the body of the message. (b) Treatment of State Laws.--Subsection (a) may not be construed to preempt any State law relating to unsolicited commercial electronic mail. (c) Private Right of Action.-- (1) Cause of action.--Any person adversely affected by a violation of subsection (a) may, within 1 year after discovery of the violation, bring a civil action against a person who violates such subsection in a district court of the United States or in any other court of competent jurisdiction, for the district or jurisdiction in which the unsolicited electronic mail message was received or in which the defendant is located. (2) Relief.--In a civil action under this subsection, the court may-- (A) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a); (B) award damages as described in paragraph (3); and (C) direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails. (3) Damages.-- (A) Amount.--The amount of damages in an action under this subsection for a violation of subsection (a) may not exceed $500 for each unsolicited electronic mail message the transmission of which was initiated in violation of such subsection. The court shall treble the amount recovered under the preceding sentence for any transmission of an unsolicited electronic mail message to the aggrieved party in violation of subsection (a) that the court finds was initiated after the aggrieved party contacted the initiator of the transmission to request that the initiator not initiate further transmissions of such mail to such person. (B) Relationship to other damages.--Damages awarded under this paragraph for a violation under subsection (a) are in addition to any other damages awardable for the violation under any other provision of law. SEC. 3. RESTRICTIONS AGAINST USE OF INTERACTIVE COMPUTER SERVICES TO INITIATE UNSOLICITED ELECTRONIC MAIL. (a) Statement of Policy.--Each interactive computer service provider shall make available to each customer of the interactive computer servicer of the provider the policy of the provider regarding unsolicited electronic mail, including any option the provider may have for the customer to elect to receive or not to receive unsolicited electronic mail and any other options customers may exercise to restrict the receipt of unsolicited electronic mail. Such policy shall be set forth in writing, in clear and understandable language, in the agreement for the provision of the interactive computer service by the customer. (b) Violation of Policy Against Bulk Mail.--No customer of an interactive computer service provider may use the equipment or facilities of the provider to initiate, or cause to be initiated, the bulk transmission of an unsolicited electronic mail message if the policy referred to in subsection (a) of the provider prohibits the initiation of such bulk transmissions. (c) Cause of Action.-- (1) In general.--In addition to any other remedies available under any other provision of law, any interactive computer service provider adversely affected by a violation of subsection (b) may bring a civil action in a district court of the United States against a person who violates such subsection. (2) Relief.-- (A) In general.--An action may be brought under paragraph (1) to enjoin a violation of subsection (b), to obtain damages as specified in subparagraph (B), or to obtain such further and other relief as the court considers appropriate. (B) Damages.--The amount of damages in an action under this subsection for a violation of subsection (b) may not exceed $500 for each unsolicited electronic mail message the transmission of which was initiated in violation of such subsection. (C) Relationship to other damages.--Damages awarded under this paragraph for a violation of subsection (b) are in addition to any other damages awardable for the violation under any other provision of law. (D) Cost and fees.--The court may, in issuing any final order in any action brought under this subsection, award costs of suit, reasonable costs of obtaining service of process, reasonable attorney fees, and expert witness fees for the prevailing party. (3) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district in which the defendant or in which the interactive computer service provider is located, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. SEC. 4. PROTECTION OF INTERACTIVE COMPUTER SERVICE PROVIDERS. (a) In General.--An interactive computer service provider who, in good faith, takes action to restrict or prevent the receipt of unsolicited electronic mail by its customers shall not be liable for any harm resulting from failure to prevent such receipt. (b) Rule of Construction.--Subsection (a) may not be construed to prevent or restrict the liability of any interactive computer service provider for any failure to provide any services other than restriction or prevention for customers of receipt of unsolicited electronic mail. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Bulk.--The term ``bulk'' means, with respect to the transmission of an electronic mail message, the transmission, within a 7-day period, of such a message or messages that are identical or substantially similar to 50 or more intended recipients. (2) Initiate the transmission.--The term ``initiate the transmission'' means, with respect to an electronic mail, to originate the message, and does not include the actions of any interactive computer service whose facilities or services are used only to relay, handle, or otherwise retransmit the message. (3) Interactive computer service.--The term ``interactive computer service'' has the meaning given such term in section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)). (4) Interactive computer service provider.--The term ``interactive computer service provider'' means the provider of an interactive computer service. (5) Recipient.--The term ``recipient'' means, with respect to an electronic mail message, an individual electronic mail address to which the message is directed, without regard to whether such address corresponds to a person, computer, list server, or other automated electronic device. (6) Unsolicited electronic mail.--The term ``unsolicited electronic mail'' means electronic mail unless such mail is transmitted (A) to any person with that person's prior express invitation or permission, or (B) to any person with whom the sender has an established business or personal relationship. SEC. 6. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act and shall apply to transmissions of electronic mail initiated after the expiration of such period.

Netizens Protection Act of 2001 - Prohibits any person from initiating the transmission of an unsolicited electronic mail (e-mail) message in or affecting interstate or foreign commerce if such message: (1) does not contain the name, physical address, and e-mail address of the sender; (2) does not provide an electronic method for contacting the sender to request that no further messages be sent; or (3) is part of a bulk transmission of such messages and includes information that is false or misleading with respect to the body of the message. Provides a private right of action for violations of such prohibition.Requires each interactive computer service provider to make available to each of its customers its policy regarding unsolicited e-mail, including options for the customer to elect to receive or not receive such e-mail. Prohibits customers from using the equipment or facilities of the provider to initiate the bulk transmission of an unsolicited e-mail message if the provider's policy prohibits such bulk transmissions. Provides a right of action for providers adversely affected by customer violations of such prohibition.States that a provider who, in good faith, takes action to restrict or prevent the receipt of unsolicited e-mail by its customers shall not be liable for any harm resulting from the failure to prevent such receipt.

To restrict the transmission of unsolicited electronic mail messages.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Construction Safety Team Act''. SEC. 2. NATIONAL CONSTRUCTION SAFETY TEAMS. (a) Establishment.--The Director of the National Institute of Standards and Technology (in this Act referred to as the ``Director'') is authorized to establish National Construction Safety Teams (in this Act referred to as a ``Team'') for deployment after events causing the failure of a building or buildings that has resulted in substantial loss of life or that posed significant potential for substantial loss of life. To the maximum extent practicable, the Director shall establish and deploy a Team within 48 hours after such an event. The Director shall promptly publish in the Federal Register notice of the establishment of each Team. (b) Purpose of Investigation; Duties.-- (1) Purpose.--The purpose of investigations by Teams is to improve the safety and structural integrity of buildings in the United States. (2) Duties.--A Team shall-- (A) establish the likely technical cause or causes of the building failure; (B) evaluate the technical aspects of evacuation and emergency response procedures; (C) recommend, as necessary, specific improvements to building standards, codes, and practices based on the findings made pursuant to subparagraphs (A) and (B); and (D) recommend any research and other appropriate actions needed to improve the structural safety of buildings, and improve evacuation and emergency response procedures, based on the findings of the investigation. (c) Procedures.-- (1) Development.--Not later than 3 months after the date of the enactment of this Act, the Director, in consultation with the United States Fire Administration and other appropriate Federal agencies, shall develop procedures for the establishment and deployment of Teams. The Director shall update such procedures as appropriate. Such procedures shall include provisions-- (A) regarding conflicts of interest related to service on the Team; (B) defining the circumstances under which the Director will establish and deploy a Team; (C) prescribing the appropriate size of Teams; (D) guiding the disclosure of information under section 8; (E) guiding the conduct of investigations under this Act, including procedures for providing written notice of inspection authority under section 4(a) and for ensuring compliance with any other applicable law; (F) identifying and prescribing appropriate conditions for the provision by the Director of additional resources and services Teams may need; (G) to ensure that investigations under this Act do not impede and are coordinated with any search and rescue efforts being undertaken at the site of the building failure; (H) for regular briefings of the public on the status of the investigative proceedings and findings; (I) guiding the Teams in moving and preserving evidence as described in section 4 (a)(4), (b)(2), and (d)(4); (J) providing for coordination with Federal, State, and local entities that may sponsor research or investigations of building failures, including research conducted under the Earthquake Hazards Reduction Act of 1977; and (K) regarding such other issues as the Director considers appropriate. (2) Publication.--The Director shall publish promptly in the Federal Register final procedures, and subsequent updates thereof, developed under paragraph (1). SEC. 3. COMPOSITION OF TEAMS. Each Team shall be composed of individuals selected by the Director and led by an individual designated by the Director. Team members shall include at least 1 employee of the National Institute of Standards and Technology and shall include other experts who are not employees of the National Institute of Standards and Technology, who may include private sector experts, university experts, representatives of professional organizations with appropriate expertise, and appropriate Federal, State, or local officials. Team members who are not Federal employees shall be considered Federal Government contractors. SEC. 4. AUTHORITIES. (a) Entry and Inspection.--In investigating a building failure under this Act, members of a Team, and any other person authorized by the Director to support a Team, on display of appropriate credentials provided by the Director and written notice of inspection authority, may-- (1) enter property where a building failure being investigated has occurred, or where building components, materials, and artifacts with respect to the building failure are located, and take action necessary, appropriate, and reasonable in light of the nature of the property to be inspected to carry out the duties of the Team under section 2(b)(2) (A) and (B); (2) during reasonable hours, inspect any record (including any design, construction, or maintenance record), process, or facility related to the investigation; (3) inspect and test any building components, materials, and artifacts related to the building failure; and (4) move such records, components, materials, and artifacts as provided by the procedures developed under section 2(c)(1). (b) Avoiding Unnecessary Interference and Preserving Evidence.--An inspection, test, or other action taken by a Team under this section shall be conducted in a way that-- (1) does not interfere unnecessarily with services provided by the owner or operator of the building components, materials, or artifacts, property, records, process, or facility; and (2) to the maximum extent feasible, preserves evidence related to the building failure, consistent with the ongoing needs of the investigation. (c) Coordination.-- (1) With search and rescue efforts.--A Team shall not impede, and shall coordinate its investigation with, any search and rescue efforts being undertaken at the site of the building failure. (2) With other research.--A Team shall coordinate its investigation, to the extent practicable, with qualified researchers who are conducting engineering or scientific (including social science) research relating to the building failure. (3) Memoranda of understanding.--The National Institute of Standards and Technology shall enter into a memorandum of understanding with each Federal agency that may conduct or sponsor a related investigation, providing for coordination of investigations. (4) With state and local authorities.--A Team shall cooperate with State and local authorities carrying out any activities related to a Team's investigation. (d) Interagency Priorities.-- (1) In general.--Except as provided in paragraph (2) or (3), a Team investigation shall have priority over any other investigation of any other Federal agency. (2) National transportation safety board.--If the National Transportation Safety Board is conducting an investigation related to an investigation of a Team, the National Transportation Safety Board investigation shall have priority over the Team investigation. Such priority shall not otherwise affect the authority of the Team to continue its investigation under this Act. (3) Criminal acts.--If the Attorney General, in consultation with the Director, determines, and notifies the Director, that circumstances reasonably indicate that the building failure being investigated by a Team may have been caused by a criminal act, the Team shall relinquish investigative priority to the appropriate law enforcement agency. The relinquishment of investigative priority by the Team shall not otherwise affect the authority of the Team to continue its investigation under this Act. (4) Preservation of evidence.--If a Federal law enforcement agency suspects and notifies the Director that a building failure being investigated by a Team under this Act may have been caused by a criminal act, the Team, in consultation with the Federal law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved. SEC. 5. BRIEFINGS, HEARINGS, WITNESSES, AND SUBPOENAS. (a) General Authority.--The Director or his designee, on behalf of a Team, may conduct hearings, administer oaths, and require, by subpoena (pursuant to subsection (e)) and otherwise, necessary witnesses and evidence as necessary to carry out this Act. (b) Briefings.--The Director or his designee (who may be the leader or a member of a Team), on behalf of a Team, shall hold regular public briefings on the status of investigative proceedings and findings, including a final briefing after the report required by section 8 is issued. (c) Public Hearings.--During the course of an investigation by a Team, the National Institute of Standards and Technology may, if the Director considers it to be in the public interest, hold a public hearing for the purposes of-- (1) gathering testimony from witnesses; and (2) informing the public on the progress of the investigation. (d) Production of Witnesses.--A witness or evidence in an investigation under this Act may be summoned or required to be produced from any place in the United States. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (e) Issuance of Subpoenas.--A subpoena shall be issued only under the signature of the Director but may be served by any person designated by the Director. (f) Failure To Obey Subpoena.--If a person disobeys a subpoena issued by the Director under this Act, the Attorney General, acting on behalf of the Director, may bring a civil action in a district court of the United States to enforce the subpoena. An action under this subsection may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena as a contempt of court. SEC. 6. ADDITIONAL POWERS. In order to support Teams in carrying out this Act, the Director may-- (1) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code; (2) request the use, when appropriate, of available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis; (3) confer with employees and request the use of services, records, and facilities of State and local governmental authorities; (4) accept voluntary and uncompensated services; (5) accept and use gifts of money and other property, to the extent provided in advance in appropriations Acts; (6) make contracts with nonprofit entities to carry out studies related to purpose, functions, and authorities of the Teams; and (7) provide nongovernmental members of the Team reasonable compensation for time spent carrying out activities under this Act. SEC. 7. DISCLOSURE OF INFORMATION. (a) General Rule.--Except as otherwise provided in this section, a copy of a record, information, or investigation submitted or received by a Team shall be made available to the public on request and at reasonable cost. (b) Exceptions.--Subsection (a) does not require the release of-- (1) information described by section 552(b) of title 5, United States Code, or protected from disclosure by any other law of the United States; or (2) information described in subsection (a) by the National Institute of Standards and Technology or by a Team until the report required by section 8 is issued. (c) Protection of Voluntary Submission of Information.-- Notwithstanding any other provision of law, a Team, the National Institute of Standards and Technology, and any agency receiving information from a Team or the National Institute of Standards and Technology, shall not disclose voluntarily provided safety-related information if that information is not directly related to the building failure being investigated and the Director finds that the disclosure of the information would inhibit the voluntary provision of that type of information. (d) Public Safety Information.--A Team and the National Institute of Standards and Technology shall not publicly release any information it receives in the course of an investigation under this Act if the Director finds that the disclosure of that information might jeopardize public safety. SEC. 8. NATIONAL CONSTRUCTION SAFETY TEAM REPORT. Not later than 90 days after completing an investigation, a Team shall issue a public report which includes-- (1) an analysis of the likely technical cause or causes of the building failure investigated; (2) any technical recommendations for changes to or the establishment of evacuation and emergency response procedures; (3) any recommended specific improvements to building standards, codes, and practices; and (4) recommendations for research and other appropriate actions needed to help prevent future building failures. SEC. 9. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIONS. After the issuance of a public report under section 8, the National Institute of Standards and Technology shall comprehensively review the report and, working with the United States Fire Administration and other appropriate Federal and non-Federal agencies and organizations-- (1) conduct, or enable or encourage the conducting of, appropriate research recommended by the Team; and (2) promote (consistent with existing procedures for the establishment of building standards, codes, and practices) the appropriate adoption by the Federal Government, and encourage the appropriate adoption by other agencies and organizations, of the recommendations of the Team with respect to-- (A) technical aspects of evacuation and emergency response procedures; (B) specific improvements to building standards, codes, and practices; and (C) other actions needed to help prevent future building failures. SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ANNUAL REPORT. Not later than February 15 of each year, the Director shall transmit to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes-- (1) a summary of the investigations conducted by Teams during the prior fiscal year; (2) a summary of recommendations made by the Teams in reports issued under section 8 during the prior fiscal year and a description of the extent to which those recommendations have been implemented; and (3) a description of the actions taken to improve building safety and structural integrity by the National Institute of Standards and Technology during the prior fiscal year in response to reports issued under section 8. SEC. 11. ADVISORY COMMITTEE. (a) Establishment and Functions.--The Director, in consultation with the United States Fire Administration and other appropriate Federal agencies, shall establish an advisory committee to advise the Director on carrying out this Act and to review the procedures developed under section 2(c)(1) and the reports issued under section 8. (b) Annual Report.--On January 1 of each year, the advisory committee shall transmit to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report that includes-- (1) an evaluation of Team activities, along with recommendations to improve the operation and effectiveness of Teams; and (2) an assessment of the implementation of the recommendations of Teams and of the advisory committee. (c) Duration of Advisory Committee.--Section 14 of the Federal Advisory Committee Act shall not apply to the advisory committee established under this section. SEC. 12. ADDITIONAL APPLICABILITY. The authorities and restrictions applicable under this Act to the Director and to Teams shall apply to the activities of the National Institute of Standards and Technology in response to the attacks of September 11, 2001. SEC. 13. AMENDMENT. Section 7 of the National Bureau of Standards Authorization Act for Fiscal Year 1986 (15 U.S.C. 281a) is amended by inserting ``, or from an investigation under the National Construction Safety Team Act,'' after ``from such investigation''. SEC. 14. CONSTRUCTION. Nothing in this Act shall be construed to confer any authority on the National Institute of Standards and Technology to require the adoption of building standards, codes, or practices. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. The National Institute of Standards and Technology is authorized to use funds otherwise authorized by law to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Construction Safety Team Act - Authorizes the Director of the National Institute of Standards and Technology (NIST) to establish National Construction Safety Teams for deployment within 48 hours after events causing the failure of a building that has resulted in or posed significant potential for substantial loss of life.Declares the purpose of Team investigations to be to improve the safety and structural integrity of buildings in the United States. Requires Teams to: (1) establish the likely technical cause(s) of the building failure; (2) evaluate the technical aspects of evacuation and emergency response procedures; (3) recommend specific improvements to building standards, codes, and practices; (4) recommend research and other appropriate actions needed to improve the structural safety of buildings and evacuation and emergency response procedures; and (5) consist of at least one NIST employee and other experts who are not NIST employees.Authorizes a Team, in investigating a building failure, to: (1) enter property where a building failure has occurred or where relevant materials are located; (2) inspect related records, facilities, and building components and materials; (3) move appropriate records, components, and materials; and (4) subpoena necessary witnesses and evidence. Requires a Team to: (1) conduct its actions in a way that does not interfere unnecessarily with building services or materials and that preserves evidence related to the building failure; (2) coordinate its investigations with search and rescue efforts and with qualified researchers conducting engineering or scientific research relating to the building failure; and (3) cooperate with State and local authorities carrying out any activities related to a Team's investigation. Directs NIST to enter into a memorandum of understanding with the head of each Federal agency that may conduct or sponsor a related investigation, providing for coordination of investigations. Grants a Team investigation priority over any other investigation of any other Federal agency, with the exception of related investigations conducted by the National Transportation Safety Board or building failures that may have been caused by criminal acts. Requires Teams to ensure that evidence of such criminal acts is preserved.Requires: (1) the Director, on behalf of a Team, to hold public briefings on investigations, including final briefings after public reports required by this Act are issued; and (2) Teams to issue public reports after completing investigations, including an analysis of the cause of the building failure and any recommendations for changes to evacuation and emergency response procedures, improvements to building standards, and actions needed to prevent future failures. Requires NIST to review such reports, to conduct or encourage appropriate recommended research, and to promote adoption of Team recommendations by the Federal Government and other agencies and organizations.Requires the Director to: (1) report to specified congressional committees on Team investigations and recommendations, including on the extent to which those recommendations have been implemented, and on NIST actions to improve building safety and structural integrity in response; and (2) establish an advisory committee to advise the Director on carrying out this Act and to review the procedures developed for the establishment and deployment of Teams and Team reports. Requires such advisory committee to transmit to such congressional committees annual reports that include: (1) an evaluation of Team activities, along with recommendations for improving Team operation and effectiveness; and (2) an assessment of the implementation of Team recommendations.States that the authorities and restrictions applicable under this Act to the Director and Teams shall apply to the NIST's activities in response to the attacks of September 11, 2001.Authorizes NIST to use funds otherwise authorized by law to carry out this Act.

To provide for the establishment of investigative teams to assess building performance and emergency response and evacuation procedures in the wake of any building failure that has resulted in substantial loss of life or that posed significant potential of substantial loss of life.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Bill of Rights Act of 2007''. SEC. 2. AIR CARRIER PASSENGER SERVICES. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--AIR CARRIER PASSENGER SERVICES ``Sec. 41781. Definitions ``In this subchapter, the following definitions apply: ``(1) Air transportation.--The term `air transportation' includes intrastate air transportation. ``(2) Covered air carrier.--The term `covered air carrier' means an air carrier holding a certificate issued under section 41102 that conducts scheduled passenger air transportation. ``Sec. 41782. Standards for air carrier passenger services ``(a) Passenger Complaints.--A covered air carrier shall establish and implement procedures for handling complaints from passengers of the air carrier. ``(b) Diversions, Delays, and Cancellations.-- ``(1) Notification of passengers.--A covered air carrier shall provide customers at an airport and on board an aircraft, in a timely, reasonable, and truthful manner, the best information available to the air carrier regarding a delay, cancellation, or diversion affecting the customers' flight, including-- ``(A) the cause of the delay, cancellation, or diversion; and ``(B) for a delayed flight, the air carrier's best estimate of departure time. ``(2) Methods for notification.--In complying with this subsection, a covered air carrier shall use airport overhead announcements, on aircraft announcements, and postings on airport television monitors. ``(c) Departure and Arrival Delays.-- ``(1) Right of passengers to exit an aircraft.--Subject to paragraph (2), a covered air carrier operating an aircraft in a flight in air transportation shall establish and implement procedures to allow passengers to exit the aircraft in the case of a departure or arrival delay which would otherwise require passengers to remain on the aircraft on the ground prior to departure or arrival for a period exceeding 3 hours. ``(2) Exceptions.-- ``(A) In general.--Paragraph (1) shall not apply-- ``(i) if the pilot of such flight reasonable determines that such flight will depart or arrive not later than 30 minutes after the 3-hour delay; or ``(ii) if the pilot of such flight reasonable determines that permitting a passenger to deplane would jeopardize passenger safety or security. ``(B) Extension of 30-minute period.--A pilot may extend the 30-minute period referred to in subparagraph (A)(i) by not more than an additional 30 minutes in the case of an unanticipated extension of the delay. ``(3) Essential services.--A covered air carrier operating an aircraft in air transportation shall provide for the essential needs of passengers at all times during which the aircraft is on the ground in the event of a departure or arrival delay, including the needs of passengers for food, water meeting the standards of the Safe Drinking Water Act or the Federal Food, Drug, and Cosmetic Act, as appropriate, sanitary facilities, medical access, adequate ventilation, and comfortable cabin temperatures. ``(d) Chronically Delayed Flights.-- ``(1) Publication of list of flights.--A covered air carrier shall publish and update monthly on the Internet website of the air carrier a list of chronically delayed flights operated by the air carrier. ``(2) Disclosure to customers when purchasing tickets.-- Regardless of the method used by a consumer to contact a covered air carrier, the air carrier shall disclose, without being requested, the on-time performance for a chronically delayed flight of the air carrier whenever a customer makes a reservation or purchases a ticket on such a flight. ``(3) Chronically delayed flight defined.--In this subsection, the term `chronically delayed flight' means a regularly scheduled flight in air transportation that has failed to arrive within 30 minutes of the scheduled arrival time of the flight at least 40 percent of the time during the most recent 3-month period for which data is available. ``(e) Fares, Schedules, and Itineraries.-- ``(1) Publication of information.--A covered air carrier shall publish lowest fare information, and information on schedules and itineraries, with respect to regularly scheduled flights of the air carrier in air transportation. ``(2) Availability of information.--Information to be published under paragraph (1) shall be updated in a timely manner and shall be made available to the public on the Internet website of the air carrier. ``(f) Baggage.--If a passenger of a covered air carrier submits a claim to the air carrier for lost baggage, the air carrier shall make every reasonable effort to return the baggage to the passenger within 24 hours. ``(g) Passenger Rights Notification.--A covered air carrier shall prominently display for passengers of the air carrier information outlining the consumer rights of the passengers, including the rights specified in this section. ``(h) Contract of Carriage.--Each covered air carrier shall incorporate the consumer rights specified in this section into the contract of carriage of the air carrier. ``Sec. 41783. Procedures for departure delays ``(a) Procedures to Permit Pilots to Return to Airport Terminals.-- The Secretary of Transportation shall work in coordination with air carriers to ensure that a pilot operating an aircraft in a flight in air transportation that is affected by a long departure delay is permitted to return the aircraft to the airport terminal to allow passengers to exit the aircraft without losing the position of the flight in the departure sequence. ``(b) Contingency Plans for Weather Emergencies.-- ``(1) Coordination of plans.--The Secretary shall review the emergency contingency plans of air carriers and airports to ensure that the plans will effectively address weather emergencies in a coordinated manner. ``(2) Meeting.--In carrying out this subsection, the Secretary shall convene a meeting of representatives of air carriers, airports, and the Federal Aviation Administration to develop procedures to better respond to weather emergencies resulting in long departure delays.''. (b) Conforming Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``subchapter iv--air carrier passenger services ``41781. Definitions. ``41782. Standards for air carrier passenger services. ``41783. Procedures for departure delays.''. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations to carry out section 41782 of title 49, United States Code, as added by subsection (a) of this section. The regulations shall require covered air carriers to comply with the requirements of such section 41782 not later than one year after such date of enactment. SEC. 3. DIVERTED FLIGHTS. (a) Study.--The Secretary of Transportation shall conduct a study of the ability of air carriers to provide for the essential needs of passengers, including adequate food and water, in cases in which a flight of the air carrier is diverted for an unscheduled landing at an airport due to a weather situation or other emergency (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study, including methods for ensuring that the essential needs of passengers are met in the case of a diverted flight described in subsection (a).

Airline Passenger Bill of Rights Act of 2007 - Requires a covered airline to: (1) establish procedures for handling passenger complaints; (2) provide customers at the airport and aboard an aircraft with information regarding delay, cancellation, or diversion; (3) establish procedures to allow passengers to exit the aircraft in the case of a departure or arrival delay which would require passengers to remain on a grounded aircraft for more than three hours, with specified exceptions; (4) provide passengers on a departure- or arrival-delayed grounded aircraft with essential ventilation, food, water, sanitary, and medical services; (5) publish a monthly list of its chronically delayed flights and provide such information upon ticket purchase; (6) publish and update lowest fare and schedule information; and (7) make every reasonable effort to return lost baggage within 24 hours. Directs the Secretary of Transportation to: (1) review airline and airport emergency contingency plans for bad weather; (2) work with air carriers to ensure that a pilot operating a (long) departure delayed-flight is permitted to return the aircraft to the terminal to allow passengers to exit the aircraft without losing the flight's departure sequence position; and (3) conduct a study of the ability of air carriers to provide for passengers' essential needs in cases of diverted flights.

To amend title 49, United States Code, to improve air carrier passenger services.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Citizenship Promotion Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Immigration service fees. Sec. 3. Administration of tests for naturalization. Sec. 4. Voluntary electronic filing of applications. Sec. 5. Timely background checks. Sec. 6. National citizenship promotion program. SEC. 2. IMMIGRATION SERVICE FEES. (a) In General.--Subsection (m) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended to read as follows: ``(m) Immigration Service Fees.-- ``(1) In general.--Except as provided in paragraph (2) and notwithstanding any other provision of law, all adjudication fees as are designated by the Secretary of Homeland Security in regulations shall be deposited as offsetting receipts into a separate account entitled `Immigration Examinations Fee Account' in the Treasury of the United States, whether collected directly by the Secretary or through clerks of courts. ``(2) Virgin islands and guam.--All fees received by the Secretary of Homeland Security from applicants residing in the Virgin Islands of the United States, or in Guam, under this subsection shall be paid over to the treasury of the Virgin Islands or to the treasury of Guam, respectively. ``(3) Fees for immigration services.-- ``(A) In general.--Subject to subparagraph (B), the Secretary of Homeland Security may set fees for providing immigration services at a level that will-- ``(i) ensure recovery of the full costs of providing such services, or a portion thereof, including the costs of similar services provided without charge to asylum applicants or other immigrants; and ``(ii) recover the full cost of administering the collection of fees under this paragraph, or a portion thereof. ``(B) Report requirement.--The Secretary of Homeland Security may not increase any fee under this paragraph above the level of such fee on the day before the date of the introduction of the Citizenship Promotion Act of 2007, until-- ``(i) the Secretary submits to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that-- ``(I) identifies the direct and indirect costs associated with providing immigration services, and distinguishes such costs from immigration enforcement and national security costs; and ``(II) contains information regarding the amount the fee will be increased; and ``(ii) a period of 45 days has expired beginning on the date that the report in clause (i) is received by the committees described in such clause.''. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Secretary of Homeland Security should set fees under section 286(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this section, at a level that ensures recovery of only the direct costs associated with the services described in such section 286(m)(3); and (2) Congress should appropriate to the Secretary of Homeland Security such funds as may be necessary to cover the indirect costs associated with the services described in such section 286(m)(3). (c) Technical Amendment.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended-- (1) in subsections (d), (e), (f), (h), (i), (j), (k), (l), (n), (o), (q), (t), and (u), by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (2) in subsection (i) of such section, by striking ``Attorney General's'' and inserting ``Secretary's''; and (3) in subsection (r)-- (A) in paragraph (2), by striking ``Department of Justice'' and inserting ``Department of Homeland Security''; and (B) in paragraphs (3) and (4), by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''. (d) Authorization of Appropriations.--For each fiscal year, there is authorized to be appropriated to the Secretary of Homeland Security an amount equal to the difference between the fees collected under section 286(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this section, and the cost of providing the services referred to in such section 286(m)(3). SEC. 3. ADMINISTRATION OF TESTS FOR NATURALIZATION. (a) In General.--Subsection (a) of section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) is amended to read as follows: ``(a) Naturalization Test.-- ``(1) Requirements.--Except as otherwise provided in this title, a person may not be naturalized as a citizen of the United States upon the application of such person if such person cannot demonstrate the following: ``(A) A proficiency in the English language. ``(B) A knowledge and understanding of-- ``(i) the fundamentals of the history of the United States; and ``(ii) the principles and form of government of the United States. ``(2) Testing.-- ``(A) In general.--The Secretary of Homeland Security, in administering any test that the Secretary uses to determine whether an applicant for naturalization as a citizen of the United States has the proficiency and knowledge sufficient to meet the requirements of paragraph (1), shall administer such test uniformly throughout the United States. ``(B) Consideration.--In selecting and phrasing items in the administration of a test described in subparagraph (A) and in evaluating the performance of an applicant on such test, the Secretary shall consider the following: ``(i) The age of the applicant. ``(ii) The education level of the applicant. ``(iii) The amount of time the applicant has resided in the United States. ``(iv) The efforts made by the applicant, and the opportunities available to the applicant, to acquire the knowledge and proficiencies required by paragraph (1). ``(v) Such other factors as the Secretary considers appropriate. ``(C) English language testing.--The requirement in paragraph (1)(A) shall be satisfactorily met if an applicant can-- ``(i) speak words in ordinary usage in the English language; and ``(ii) read or write simple words and phrases in ordinary usage in the English language. ``(D) Prohibition on extraordinary and unreasonable conditions.--The Secretary may not impose any extraordinary or unreasonable condition on any applicant seeking to meet the requirements of paragraph (1).''. (b) Conforming Amendments.--Subsection (b) of such section is amended-- (1) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; (2) in paragraph (2), by striking ``subsection (a)(1)'' and inserting ``subsection (a)(1)(A)''; and (3) in paragraph (3)-- (A) by striking ``subsection (a)(2)'' and inserting ``subsection (a)(1)(B)''; (B) by striking ``The Attorney General'' and inserting ``The Secretary of Homeland Security''; and (C) by striking ``determined by the Attorney General'' and inserting ``determined by the Secretary''. SEC. 4. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS. The Secretary of Homeland Security may not require that an applicant or petitioner for permanent residence or citizenship of the United States use an electronic method to file any application to, or access a customer account. SEC. 5. TIMELY BACKGROUND CHECKS. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study on the process used by the Department of Justice on the day before the date of the enactment of this Act to conduct a background check on an applicant for citizenship of the United States. (2) Report.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Comptroller General of the United States shall report to Congress on the findings of the study required by paragraph (1). (3) Contents of report.--The report required by paragraph (2) shall include the following information with respect to the calendar year preceding the date on which the report is filed: (A) The number of background checks conducted by the Department of Justice on applicants for citizenship of the United States. (B) The types of such background checks conducted. (C) The average time spent on each such type of background check. (D) A description of the obstacles that impede the timely completion of such background checks. (b) Timely Completion of Background Checks.-- (1) In general.--With respect to a request submitted to the Attorney General by the Secretary of Homeland Security for a background check on an applicant for temporary or permanent residence or citizenship of the United States, the Attorney General shall make a reasonable effort to complete a background check on such applicant not later than 90 days after the Attorney General receives such request from the Secretary of Homeland Security. (2) Delays on background checks.--If a background check described in paragraph (1) is not completed by the Attorney General before the date that is 91 days after the date that the Attorney General receives a request described in paragraph (1)-- (A) the Attorney General shall document the reason why such background check was not completed before such date; and (B) if such background check is not completed before the date that is 181 days after the date of such receipt, then the Attorney General shall, not later than 210 days after the date of such receipt, submit to the appropriate congressional committees and the Secretary of Homeland Security a report that describes-- (i) the reason that such background check was not completed within 180 days; and (ii) the earliest date on which the Attorney General is certain the background check will be completed. (3) Annual report on delayed background checks.--Not later than the end of each fiscal year, the Attorney General shall submit to the appropriate congressional committees a report containing, with respect to that fiscal year-- (A) the number of background checks described in subparagraph (B) or (C) of paragraph (2); (B) the time taken to complete each such background check; (C) a statistical analysis of the causes of the delays in completing such background checks; and (D) a description of the efforts being made by the Attorney General to address each such cause. (4) Notification to applicant.--If, with respect to a background check on an applicant described in paragraph (1), the Secretary of Homeland Security receives a report under paragraph (2)(C), then the Secretary shall provide to such applicant a copy of such report, redacted to remove any classified information contained therein. (5) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means the following: (A) The Committee on the Judiciary of the Senate. (B) The Committee on Homeland Security and Governmental Affairs of the Senate. (C) The Committee on the Judiciary of the House of Representatives. (D) The Committee on Homeland Security of the House of Representatives. (6) Authorization of appropriations.--There is authorized to be appropriated to the Attorney General such funds as may be necessary to carry out the provisions of this subsection. SEC. 6. NATIONAL CITIZENSHIP PROMOTION PROGRAM. (a) Establishment.-- (1) In general.--Not later than January 1, 2008, the Secretary of Homeland Security shall establish a program to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States. (2) Designation.--The program required by paragraph (1) shall be known as the ``New Americans Initiative'' (in this section referred to as the ``Program''). (b) Program Activities.--As part of the Program required by subsection (a), the Secretary of Homeland Security shall-- (1) award grants in accordance with subsection (c); and (2) carry out outreach activities in accordance with subsection (d). (c) Grants.-- (1) In general.--The Secretary of Homeland Security shall award grants to eligible entities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States. (2) Eligible entity defined.--In this subsection, the term ``eligible entity'' means a not-for-profit organization that has experience working with immigrant communities. (3) Use of funds.--Grants awarded under this subsection shall be used for activities to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States, including-- (A) conducting English language and citizenship classes for such aliens; (B) providing legal assistance, by attorneys or entities accredited by the Board of Immigration Appeals, to such aliens to assist such aliens in becoming citizens of the United States; (C) carrying out outreach activities and providing education to immigrant communities to assist such aliens in becoming citizens of the United States; and (D) assisting such aliens with applications to become citizens of the United States, as allowed by Federal and State law. (4) Application for grant.-- (A) In general.--Each eligible entity seeking a grant under this subsection shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary shall require. (B) Contents.--Each application submitted pursuant to subparagraph (A) shall include a description of-- (i) the activities for which a grant under this section is sought; (ii) the manner in which the entity plans to leverage available private and State and local government resources to assist aliens who have been lawfully admitted for permanent residence in becoming citizens of the United States; (iii) the experience of the entity in carrying out the activities for which a grant under this section is sought, including the number of aliens and geographic regions served by such entity; and (iv) the manner in which the entity plans to employ best practices developed by adult educators, State and local governments, and community organizations-- (I) to promote citizenship and civic participation by such aliens; and (II) to provide assistance to such aliens with the process of becoming citizens of the United States. (d) Outreach.--The Secretary of Homeland Security shall-- (1) develop outreach materials targeted to aliens who have been lawfully admitted for permanent residence to encourage such aliens to apply to become citizens of the United States; and (2) make such outreach materials available through-- (A) public service announcements; (B) advertisements; and (C) such other media as the Secretary determines is appropriate. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security, $80,000,000 to carry out this section.

Citizenship Promotion Act of 2007 - Amends the Immigration and Nationality Act to revise provisions respecting: (1) immigration service fees; and (2) naturalization testing. Prohibits an applicant or petitioner for U.S. permanent residence or citizenship from being required to use an electronic method to file any application to, or access a customer account. Requires: (1) a Government Accountability Office (GAO) study and report on naturalization background checks; and (2) the Attorney General to make reasonable efforts to complete background checks of applicants for temporary or permanent residence or citizenship within 90 days. Directs the Secretary of Homeland Security to establish a national citizenship promotion program to assist lawful permanent resident aliens become citizens.

A bill to assist aliens who have been lawfully admitted in becoming citizens of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Prescription Insurance and Contraceptive Coverage Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) each year, approximately 3,600,000 pregnancies, or nearly 60 percent of all pregnancies, in this country are unintended; (2) contraceptive services are part of basic health care, allowing families to both adequately space desired pregnancies and avoid unintended pregnancy; (3) studies show that contraceptives are cost effective: for every $1 of public funds invested in family planning, $4 to $14 of public funds is saved in pregnancy and health care- related costs; (4) by reducing rates of unintended pregnancy, contraceptives help reduce the need for abortion; (5) unintended pregnancies lead to higher rates of infant mortality, low-birth weight, and maternal morbidity, and threaten the economic viability of families; (6) the National Commission to Prevent Infant Mortality determined that ``infant mortality could be reduced by 10 percent if all women not desiring pregnancy used contraception''; (7) most women in the United States, including two-thirds of women of childbearing age, rely on some form of private employment-related insurance (through either their own employer or a family member's employer) to defray their medical expenses; (8) the vast majority of private insurers cover prescription drugs, but many exclude coverage for prescription contraceptives; (9) private insurance provides extremely limited coverage of contraceptives: half of traditional indemnity plans and preferred provider organizations, 20 percent of point-of- service networks, and 7 percent of health maintenance organizations cover no contraceptive methods other than sterilization; (10) women of reproductive age spend 68 percent more than men on out-of-pocket health care costs, with contraceptives and reproductive health care services accounting for much of the difference; (11) the lack of contraceptive coverage in health insurance places many effective forms of contraceptives beyond the financial reach of many women, leading to unintended pregnancies; and (12) the Institute of Medicine Committee on Unintended Pregnancy recently recommended that ``financial barriers to contraception be reduced by increasing the proportion of all health insurance policies that cover contraceptive services and supplies''. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is further amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES. ``(a) Requirements for Coverage.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration, or generic equivalents approved as substitutable by the Food and Drug Administration, if such plan provides benefits for other outpatient prescription drugs or devices; or ``(2) exclude or restrict benefits for outpatient contraceptive services if such plan provides benefits for other outpatient services provided by a health care professional (referred to in this section as `outpatient health care services'). ``(b) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of a health care professional because such professional prescribed contraceptive drugs or devices, or provided contraceptive services, described in subsection (a), in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual contraceptive drugs or devices, or contraceptive services, described in subsection (a). ``(c) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to-- ``(i) benefits for contraceptive drugs under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such drug may not be greater than such a deductible, coinsurance, or cost- sharing or limitation for any outpatient prescription drug otherwise covered under the plan; ``(ii) benefits for contraceptive devices under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such device may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient prescription device otherwise covered under the plan; and ``(iii) benefits for outpatient contraceptive services under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient health care service otherwise covered under the plan; and ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational contraceptive drugs or devices, or experimental or investigational contraceptive services, described in subsection (a), except to the extent that the plan or issuer provides coverage for other experimental or investigational outpatient prescription drugs or devices, or experimental or investigational outpatient health care services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes-- ``(A) in the case of a contraceptive drug or device, restricting the type of health care professionals that may prescribe such drugs or devices, utilization review provisions, and limits on the volume of prescription drugs or devices that may be obtained on the basis of a single consultation with a professional; or ``(B) in the case of an outpatient contraceptive service, restricting the type of health care professionals that may provide such services, utilization review provisions, requirements relating to second opinions prior to the coverage of such services, and requirements relating to preauthorizations prior to the coverage of such services. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Preemption.--Nothing in this section shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect any standard or requirement that provides protections for enrollees that are greater than the protections provided under this section. ``(f) Definition.--In this section, the term `outpatient contraceptive services' means consultations, examinations, procedures, and medical services, provided on an outpatient basis and related to the use of contraceptive methods (including natural family planning) to prevent an unintended pregnancy.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act, as amended by section 603 of the Newborns' and Mothers' Health Protection Act of 1996 and section 702 of the Mental Health Parity Act of 1996, is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for contraceptives.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1998. SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is further amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES. ``(a) Requirements for Coverage.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration, or generic equivalents approved as substitutable by the Food and Drug Administration, if such plan provides benefits for other outpatient prescription drugs or devices; or ``(2) exclude or restrict benefits for outpatient contraceptive services if such plan provides benefits for other outpatient services provided by a health care professional (referred to in this section as `outpatient health care services'). ``(b) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of a health care professional because such professional prescribed contraceptive drugs or devices, or provided contraceptive services, described in subsection (a), in accordance with this section; or ``(4) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from covered individual contraceptive drugs or devices, or contraceptive services, described in subsection (a). ``(c) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to-- ``(i) benefits for contraceptive drugs under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such drug may not be greater than such a deductible, coinsurance, or cost- sharing or limitation for any outpatient prescription drug otherwise covered under the plan; ``(ii) benefits for contraceptive devices under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such device may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient prescription device otherwise covered under the plan; and ``(iii) benefits for outpatient contraceptive services under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any outpatient health care service otherwise covered under the plan; and ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational contraceptive drugs or devices, or experimental or investigational contraceptive services, described in subsection (a), except to the extent that the plan or issuer provides coverage for other experimental or investigational outpatient prescription drugs or devices, or experimental or investigational outpatient health care services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes-- ``(A) in the case of a contraceptive drug or device, restricting the type of health care professionals that may prescribe such drugs or devices, utilization review provisions, and limits on the volume of prescription drugs or devices that may be obtained on the basis of a single consultation with a professional; or ``(B) in the case of an outpatient contraceptive service, restricting the type of health care professionals that may provide such services, utilization review provisions, requirements relating to second opinions prior to the coverage of such services, and requirements relating to preauthorizations prior to the coverage of such services. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Preemption.--Nothing in this section shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect any standard or requirement that provides protections for enrollees that are greater than the protections provided under this section. ``(f) Definition.--In this section, the term `outpatient contraceptive services' means consultations, examinations, procedures, and medical services, provided on an outpatient basis and related to the use of contraceptive methods (including natural family planning) to prevent an unintended pregnancy.''. (b) Effective Date.--The amendments made by this section shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. SEC. 5. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE INDIVIDUAL MARKET. (a) In General.--Subpart 3 of part B of title XXVII of the Public Health Service Act (as added by section 605(a) of the Newborn's and Mother's Health Protection Act of 1996) is amended by adding at the end the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES. ``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.''. (b) Effective Date.--The amendment made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1998.

Equity in Prescription Insurance and Contraceptive Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.

Equity in Prescription Insurance and Contraceptive Coverage Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Cooperative Agreement Act''. SEC. 2. PURPOSE. It is the purpose of this Act to encourage cooperation between hospitals in order to contain costs and achieve a more efficient health care delivery system through the elimination of unnecessary duplication and proliferation of expensive medical or high technology services or equipment. SEC. 3. HOSPITAL TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM. Part D of title VI of the Public Health Service Act (42 U.S.C. 291k et seq.) is amended by adding at the end thereof the following new section: ``SEC. 647. HOSPITAL TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall establish a demonstration program under which the Secretary shall award not to exceed 10 grants to eligible applicants to facilitate collaboration among two or more hospitals with respect to the provision of expensive, capital-embodied medical technology or other highly resource-intensive services. Such program shall be designed to demonstrate the extent to which such agreements result in a reduction in costs, an increase in access to care, and improvements in the quality of care with respect to the hospitals involved. ``(b) Eligible Applicants.-- ``(1) In general.--To be eligible to receive a grant under subsection (a), an entity shall be a hospital and shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a statement that such hospital desires to negotiate and enter into a voluntary cooperative agreement with at least one other hospital operating in the State or region of the applicant hospital for the sharing of medical technology or services; ``(B) a description of the nature and scope of the activities contemplated under the cooperative agreement and any consideration that may pass under such agreement to any other hospital that may elect to become a party to the agreement; and ``(C) any other information determined appropriate by the Secretary. ``(2) Development of evaluation guidelines.--The Administrator of the Agency for Health Care Policy and Research shall develop evaluation guidelines with respect to applications submitted under paragraph (1). ``(3) Evaluations of applications.--The Secretary, in consultation with the Administrator of the Agency for Health Care Policy and Research, shall evaluate applications submitted under paragraph (1). In determining which applications to approve for purposes of awarding grants under subsection (a), the Secretary shall consider whether the cooperative agreement described in each such application meets guidelines developed under paragraph (2) and is likely to result in-- ``(A) the enhancement of the quality of hospital or hospital-related care; ``(B) the preservation of hospital facilities in geographical proximity to the communities traditionally served by such facilities; ``(C) improvements in the cost-effectiveness of high-technology services by the hospitals involved; ``(D) improvements in the efficient utilization of hospital resources and capital equipment; or ``(E) the avoidance of duplication of hospital resources. ``(c) Use of Amounts.-- ``(1) In general.--Amounts provided under a grant awarded under this section shall be used only to facilitate collaboration among hospitals and may not be used to purchase facilities or capital equipment. Such permissible uses may include reimbursements for the expenses associated with specialized personnel, administrative services, support services, and instructional programs. ``(2) Care in rural areas.-- ``(A) In general.--Not less than three of the grants awarded under subsection (a), shall be used to demonstrate the manner in which cooperative agreements of the type described in such subsection may be used to increase access to or quality of care in rural areas. ``(B) Definition.--As used in subparagraph (A), the term `rural areas' means those areas located outside of metropolitan statistical areas. ``(d) Medical Technology and Services.-- ``(1) In general.--Cooperative agreements facilitated under this section shall provide for the sharing of medical or high technology equipment or services among the hospitals which are parties to such agreements. ``(2) Medical technology.--For purposes of this section, the term `medical technology' shall include the drugs, devices, and medical and surgical procedures utilized in medical care, and the organizational and support systems within which such care is provided. ``(3) Eligible services.--With respect to services that may be shared under an agreement entered into under this section, such services shall-- ``(A) either have high capital costs or extremely high annual operating costs; and ``(B) be services with respect to which there is a reasonable expectation that shared ownership will avoid a significant degree of the potential excess capacity of such services in the community or region to be served under such agreement. Such services may include mobile clinic services. ``(e) Term.--The demonstration program established under this section shall continue for a term of 5 years. ``(f) Report.--On the date that occurs 5 years after the establishment of the demonstration program under this section, the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the potential for cooperative agreements of the type entered into under this section to-- ``(1) contain health care costs; ``(2) increase the access of individuals to medical services; and ``(3) improve the quality of health care. Such report shall also contain the recommendations of the Secretary with respect to future programs to facilitate cooperative agreements. ``(g) Relation to Other Laws.-- ``(1) In general.--Notwithstanding any provision of the antitrust laws, it shall not be considered a violation of the antitrust laws for a hospital to enter into, and carry out activities under, a cooperative agreement in accordance with this section. ``(2) Definition.--For purposes of this subsection, the term `antitrust laws' means-- ``(A) the Act entitled ``An Act to protect trade and commerce against unlawful restraints and monopolies'', approved July 2, 1890, commonly known as the ``Sherman Act'' (26 Stat. 209; chapter 647; 15 U.S.C. 1 et seq.); ``(B) the Federal Trade Commission Act, approved September 26, 1914 (38 Stat. 717; chapter 311; 15 U.S.C. 41 et seq.); ``(C) the Act entitled ``An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes'', approved October 15, 1914, commonly known as the ``Clayton Act'' (38 Stat. 730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C. 402, 660, 3285, 3691; 29 U.S.C. 52, 53); and ``(D) any State antitrust laws that would prohibit the activities described in paragraph (1). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1994 through 1998.''.

Hospital Cooperative Agreement Act - Amends the Public Health Service Act to establish a demonstration program of up to ten grants for collaboration among hospitals regarding the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Requires that projects be designed to demonstrate a reduction in costs, an increase in access to care, and improvements in the quality of care. Allows grant funds to be used only to facilitate collaboration and not to purchase facilities or capital equipment. Requires at least three of the grants to be used to demonstrate how such agreements may be used to increase access to or quality of care in rural areas. Authorizes appropriations.

Hospital Cooperative Agreement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mental Health Professionals Oversight Act of 2010''. SEC. 2. REVIEW OF MENTAL HEALTH PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.-- (1) Review.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330B. Review of mental health professionals ``(a) Review.--Not later than January 1 of each year, the Inspector General of the Department of Veterans Affairs shall conduct a review of mental health professionals employed by the Veterans Health Administration during the preceding fiscal year. ``(b) Report.--Not later than 90 days after the date on which the review under subsection (a) is completed, the Inspector General shall submit to the Committee on Veterans' Affairs of the House of Representatives, the Committee on Veterans' Affairs of the Senate, and the Advisory Committee on Veterans with Psychological and Mental Health Needs under section 547 of this title a report on such review. ``(c) Contents.--With respect to each covered facility in each geographic service area of the Veterans Health Administration, the report shall include the following: ``(1) The number of full-time psychiatrists and psychologists employed during the preceding fiscal year. ``(2) The number of part-time (or part-time equivalent) psychiatrists and psychologists employed during the preceding fiscal year. ``(3) The number of mental health nursing staff employed during the preceding fiscal year. ``(4) The number of certified social workers assigned to mental health programs during the preceding fiscal year. ``(5) The number of other direct-care mental health staff, including counselors and outreach workers, employed during the preceding fiscal year. ``(6) The number of administrative and support staff assigned to mental health programs during the preceding fiscal year. ``(7) The number of full-time direct-care employees for all programs of the Veterans Health Administration. ``(8) The number of unfilled vacancies for mental health positions that have been authorized for each geographic service area (including the number of positions per each covered facility) and the average length of time such positions remain unfilled. ``(d) Definition.--In this section, the term `covered facility' includes each medical center, facility, and community-based outpatient clinic of the Veterans Health Administration.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7330A the following new item: ``7330B. Review of mental health professionals''. (b) Report.--Not later than October 1, 2011, the Inspector General of the Department of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the House of Representatives, the Committee on Veterans' Affairs of the Senate, and the Advisory Committee on Veterans with Psychological and Mental Health Needs under section 547 of title 38, United States Code, as added by section 3 of this Act, a report under section 7330B of such title, as added by subsection (a) of this section, with respect to each of fiscal years 2004 through 2009. SEC. 3. ADVISORY COMMITTEE ON VETERANS WITH PSYCHOLOGICAL AND MENTAL HEALTH NEEDS. (a) In General.--Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 547. Advisory committee on veterans with psychological and mental health needs ``(a) Establishment.--The Secretary shall establish an advisory committee to be known as the Advisory Committee on Veterans with Psychological and Mental Health Needs (in this section referred to as the `Committee'). ``(b) Membership.--The Committee shall consist of members appointed by the Secretary, including-- ``(1) mental health practitioners of the Department; ``(2) veterans; ``(3) individuals representing veteran service organizations; and ``(4) individuals representing other organizations related to mental health or veterans. ``(c) Responsibilities of Committee.--(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision of mental health care to veterans. ``(2) In addition to providing advice under paragraph (1), the Committee shall-- ``(A) analyze data contained in the reports submitted under section 7330B of this title; and ``(B) collect information related to the provision of mental health treatment to veterans by the Department, including by visiting medical facilities of the Department from time to time. ``(d) Reports.--Not later than March 1 of each year, beginning March 1, 2011, the Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans with psychological and mental health needs.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 38, United States Code, is amended by adding at the end the following: ``547. Advisory committee on veterans with psychological and mental health needs.''. SEC. 4. REPORT ON CHRONIC MENTAL HEALTH CONDITIONS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on chronic mental health conditions. The report shall include the following: (1) The number of veterans diagnosed with chronic mental health conditions. (2) The anticipated needs of veterans of Operation Enduring Freedom and Operation Iraqi Freedom with respect to the treatment of chronic mental health conditions. (3) With respect to treating the veterans described in paragraph (2), the anticipated needs of the Department of Veterans Affairs related to-- (A) the number (by type) of staff of the Veterans Health Administration; (B) the number (by type) of facilities of the Veterans Health Administration; (C) the equipment and other resources used in such treatment; and (D) the amount of funding required by the Secretary. (4) The optimal panel size of patients for mental health professionals treating the veterans described in paragraphs (1) and (2). SEC. 5. STUDY ON SUBSTANCE-USE DISORDERS AND REHABILITATION. (a) Study.--The Secretary of Veterans Affairs shall conduct a study of substance-use disorders among veterans. Such study shall include-- (1) the barriers to rehabilitation and treatment of such substance-use disorders; (2) the effect early intervention services have on treating substance-use disorders; (3) the effect counseling, including couples and family counseling, has on treating substance-use disorders; and (4) developing programs to combat any stigmas related to treating substance-use disorders that prevent veterans from seeking such treatment. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on the study required by subsection (a). SEC. 6. COMPTROLLER GENERAL REPORTS ON MENTAL HEALTH PROGRAMS. (a) MHSP and UMHS.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to assess-- (A) the progress of the Secretary of Veterans Affairs in implementing the Mental Health Strategic Plan of the Veterans Health Administration of the Department of Veterans Affairs (published November 2004); and (B) the status of the Uniform Mental Health Services handbook of the Veterans Health Administration (Veterans Health Administration handbook 1160.01, published September 11, 2008) at the end of fiscal year 2010. (2) Report.--Not later than 30 days after the study under paragraph (1) is completed, the Comptroller General shall submit to the Committee on Veterans' Affairs of the House of Representatives, the Committee on Veterans' Affairs of the Senate, and the Secretary of Veterans Affairs a report on the study, including the number of full-time mental health professionals the Comptroller General determines necessary to implement the Mental Health Strategic Plan and the Uniform Mental Health Services handbook. (b) VERA System.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans' Affairs of the House of Representatives, the Committee on Veterans' Affairs of the Senate, and the Secretary of Veterans Affairs a report on any modifications to the Veterans' Equitable Resource Allocation system of the Veterans Health Administration that the Comptroller General determines necessary for the Secretary of Veterans Affairs to meet the mental health needs of veterans.

Veterans Mental Health Professionals Oversight Act of 2010 - Directs the Inspector General of the Department of Veterans Affairs (VA) to: (1) conduct an annual review of mental health professionals employed by the VA's Veterans Health Administration (VHA); (2) report each review's results to the congressional veterans committees and the Advisory Committee on Veterans with Psychological and Mental Health Needs (Advisory Committee); and (3) submit a one-time report thereto concerning review results for FY2004-FY2009. Establishes the Advisory Committee. Requires the Advisory Committee to report annually to the Secretary of Veterans Affairs on VA programs and activities that pertain to veterans with psychological and mental health needs. Directs the Secretary to report to the veterans committees on chronic mental health conditions of veterans. Requires the Secretary to: (1) study substance-use disorders among veterans; and (2) report study results to the veterans committees. Directs the Comptroller General to: (1) assess VA progress in implementing the VHA's Mental Health Strategic Plan, as well as the status of the VHA's Uniform Mental Health Services handbook; and (2) report assessment results and any modifications to the Veterans' Equitable Resource Allocation system necessitated by the mental health needs of veterans to the Secretary and the veterans committees.

To amend title 38, United States Code, to provide for annual reviews of mental health professionals treating veterans, and for other purposes.

SECTION 1. HATE CRIME PREVENTION. (a) Grant Authorization.--The Secretary of Education may make grants to local educational agencies and community-based organizations for the purpose of providing assistance to localities most directly affected by hate crimes. (b) Use of Funds.-- (1) Program development.--Grants under this section may be used to improve elementary and secondary educational efforts, including-- (A) development of education and training programs designed to prevent and to reduce the incidence of crimes and conflicts motivated by hate; (B) development of curricula for the purpose of improving conflict or dispute resolution skills of students, teachers, and administrators; (C) development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be part of, hate crime or conflict programs; and (D) professional training and development for teachers and administrators on the causes, effects, and resolutions of hate crimes or hate-based conflicts. (2) In general.--In order to be eligible to receive a grant under this section for any fiscal year, a local educational agency or a local educational agency in conjunction with a community-based organization shall submit an application to the Secretary in such form and containing such information as the office may reasonably require. (3) Requirements.--Each application under subsection (a) shall include-- (A) a request for funds for the purposes described in this section; (B) a description of the schools and communities to be served by the grants; and (C) assurances that Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds. (4) Comprehensive plan.--Each application shall include a comprehensive plan that contains-- (A) a description of the hate crime or conflict problems within the schools or the community targeted for assistance; (B) a description of the program to be developed or augmented by these Federal and matching funds; (C) assurances that such program or activity shall be administered by or under the supervision of the applicant; (D) proper and efficient administration of such program; and (E) fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this section. (c) Allocation of Funds.--From the funds authorized under this Act. The Secretary of Education may carry out programs under this section. (d) Award of Grants.-- (1) Selection of recipients.--The Secretary shall consider the incidence of crimes and conflicts motivated by bias in the targeted schools and communities in awarding grants under this section. (2) Geographic distribution.--The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. (3) Dissemination of information.--The Secretary shall attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs, including programs established or expanded with grants under this section. (e) Reports.--The Secretary shall submit to the Congress a report every 2 years which shall contain a detailed statement regarding grants and awards, activities of grant recipients and an evaluation of programs established under this section. (f) Definitions.--For the purposes of this section-- (1) the term `hate crime' means a crime as defined by the Hate Crime Statistics Act of 1990; (2) the term `local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary and secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary and secondary schools and includes any other public institution or agency having administrative control and direction of a public elementary or secondary school; and (3) the term `community-based organization' means a private nonprofit organization which is representative of a community or significant segments of a community and which provides educational or related services to individuals in the community.

Authorizes the Secretary of Education to make grants to local educational agencies and community-based organizations for elementary and secondary educational efforts in localities most directly affected by hate crimes. Includes under authorized uses of such grants: (1) education and training to prevent and reduce incidence of hate crimes and conflicts; (2) curricula to improve conflict or dispute resolution skills of students, teachers, and administrators; (3) related equipment and instructional materials; and (4) related professional training and development.

To make grants to local educational agencies and community-based organizations to provide assistance to localities most directly affected by hate crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Fuel Cost Relief Act of 2005''. SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. (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 inserting after section 45M the following new section: ``SEC. 45N. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, the excessive fuel cost credit determined under this section is an amount equal to the excessive fuel cost paid or incurred by the taxpayer during the taxable year for any creditable fuel used in any trade or business of the taxpayer. ``(b) Excessive Fuel Cost.--For purposes of this section-- ``(1) In general.--The term `excessive fuel cost' means, with respect to any creditable fuel, the excess (if any) of-- ``(A) the amount paid or incurred by the taxpayer for such fuel, over ``(B) the adjusted base price for such fuel. ``(2) Adjusted base price.-- ``(A) In general.--The term `adjusted base price' means, with respect to any creditable fuel, the amount determined by the Secretary to be the applicable Labor Day 2004 price for such fuel adjusted for inflation. ``(B) Applicable price.--The applicable Labor Day 2004 price for any fuel is the average price for such fuel for the region in which the taxpayer purchased such fuel (as determined using data of the Energy Information Agency of the Department of Energy). ``(C) Inflation adjustment.--The inflation adjustment shall be determined under the principles of section 1(f); except that, the Secretary shall use estimates of the monthly Consumer Price Index (as defined in such section) where possible to more closely reflect current inflation. ``(c) Eligible Taxpayer.--For purposes of this section-- ``(1) In general.--The term `eligible taxpayer' means any person engaged in a trade or business if-- ``(A) such trade or business is-- ``(i) a farming business (as defined by section 263A(e)(4), or ``(ii) commercial fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), or ``(B) such person is a small business. ``(2) Small business.--The term `small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation). ``(3) Creditable fuel.--The term `creditable fuel' means-- ``(A) gasoline, ``(B) diesel fuel, ``(C) heating oil, and ``(D) natural gas. ``(d) Adjustment of Standard Mileage Rate.--An eligible taxpayer may elect, in lieu of the credit under this section, a standard mileage allowance under section 162 equal to 60 cents for each mile traveled during the period described in subsection (e). The Secretary shall modify the standard mileage rate under the preceding sentence to the extent that 60 cents does not accurately reflect that value of the credit under this section. ``(e) Application of Section.--This section shall apply to fuels purchased during the 2-year period beginning on the date of the enactment of this section.''. (b) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(25) in the case of an eligible taxpayer (as defined in section 45N(c)), the excessive fuel cost credit determined under section 45N(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Temporary credit for small businesses, farmers, and fishermen to offset high fuel costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Small Business Fuel Cost Relief Act of 2005 - Amends the Internal Revenue Code to allow certain commercial farmers, fishermen, and small business owners a temporary two-year business tax credit for excessive fuel cost (i.e., for gasoline, diesel fuel, heating oil, and natural gas. Defines "excessive fuel cost" as the amount currently paid for fuel over the Labor Day 2004 price for such fuel, adjusted for inflation. Allows taxpayers a standard automobile mileage allowance of 60 cents per mile in lieu of the tax credit provided by this Act.

To amend the Internal Revenue Code of 1986 to allow a temporary credit against income tax to offset the high fuel costs of small businesses, farmers, and fishermen.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tsunami Orphans and Unaccompanied Children Act of 2005''. SEC. 2. FINDINGS; DECLARATION OF POLICY. (a) Findings.--Congress finds the following: (1) Over 160,000 people were killed in the Indian Ocean region as a result of the earthquake and tsunamis that occurred on December 26, 2004. (2) Experts estimate that a higher than expected number of those killed were children. (3) According to the United Nations, 3 to 5 million people were affected by the disaster. Approximately 1.5 million of those individuals affected are children. (4) Experts estimate that the total number of children affected in the tsunamis could reach up to 50 percent. Experts estimate that a significant number of children have been separated from their parents or orphaned. (5) Orphaned and unaccompanied children are particularly vulnerable to disease, hunger, and exploitation. (6) In the chaotic environment following a disaster when protection mechanisms may not be in place, unaccompanied children are more vulnerable to traffickers and forcible recruitment into militias. (7) After a disaster, under-resourced governments, communities, and villages may not be able to independently provide sufficient care and services for orphans and unaccompanied children. (8) Unaccompanied children and orphans need immediate care and security in the short-term, as well as a long-term investment in their education, health, and protection. (9) Congress recognizes that a number of organizations including UNICEF, Save the Children, World Vision, and the International Committee of the Red Cross are leading the effort to reunify children with their families, provide protection against traffickers, and provide food, shelter, education, counseling, and many other vital services. (b) Declaration of Policy.--It shall be the policy of the United States to take prompt and appropriate actions to assist children who are orphaned or currently unaccompanied as a result of the tsunamis that occurred on December 26, 2004, in the Indian Ocean as an important expression of humanitarian concern and the traditions of the United States and, in particular, to assist such orphans and unaccompanied children by-- (1) providing assistance for the purpose of identifying and reunifying unaccompanied children with their families; (2) providing assistance for the immediate care of unaccompanied children and orphans, including health care, food, shelter, education, psychological counseling, and protection from traffickers; and (3) providing for the long-term needs of children not reunified with immediate or extended family members, including long-term placement consistent with international standards and local customs and structures and also providing support for education, healthcare, food, job-training, and psychological counseling. SEC. 3. AMENDMENT TO THE FOREIGN ASSISTANCE ACT OF 1961. Chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2166 et seq.) is amended by inserting after title VI the following new title: ``TITLE VII--ASSISTANCE FOR TSUNAMI ORPHANS AND UNACCOMPANIED CHILDREN ``SEC. 261. AUTHORIZATION OF ASSISTANCE. ``(a) In General.--The President, acting through the Administrator of the Agency, shall provide assistance to children who are orphaned or currently unaccompanied as a result of the tsunamis that occurred on December 26, 2004, in the Indian Ocean. ``(b) Activities Supported.--Assistance provided under subsection (a) shall be used to-- ``(1) identify and reunify unaccompanied children by-- ``(A) identifying, registering, and documenting, as soon as possible, all unaccompanied children; ``(B) attempting to trace each child's immediate family, primary legal or customary care giver, or other extended family member; and ``(C) verifying that the child has been effectively and appropriately placed; ``(2) provide immediate care for unaccompanied or orphaned children during the identification and reunification process by-- ``(A) providing, food, shelter, and access to education; ``(B) psychological and psychosocial counseling; and ``(C) creating mechanisms to protect against child trafficking, sexual abuse, and attempts to forcibly recruit children into militias; and ``(3) provide for the long-term needs of children not reunified with immediate family by-- ``(A) attempting to place children with extended family members and relatives; ``(B) providing assistance, if there is no family care available, for children to be placed in foster- care or other care approved both by the Agency and local governments; ``(C) providing support for education, healthcare, food, job-training, and psychological counseling once children are placed, including psychological and psychosocial counseling for caregivers and extended family members who are responsible for such children; ``(D) monitoring placement to assure recognition of local customs and support structures; ``(E) monitoring placement to assure that care is consistent with international standards; and ``(F) monitoring the status of the children, in coordination with international nongovernmental organizations and multilateral organizations. ``(c) Administrative Provisions.--In carrying out any programs under the terms of this section, the Administrator shall-- ``(1) provide funds for projects to nongovernmental organizations in the United States, multilateral institutions, and international and indigenous nongovernmental organizations with expertise in caring for orphans and unaccompanied children; ``(2) coordinate with nongovernmental organizations in the United States, international nongovernmental organizations, and multilateral institutions to avoid duplication, waste, and fraud and ensure efficiency and the maximization of resources; ``(3) work closely with local governments and local nongovernmental organizations to develop long-term protection and monitoring mechanisms; ``(4) require all governments and nongovernmental organizations that receive assistance under this section to agree to international standards on the treatment of orphans and children; and ``(5) coordinate with other departments and agencies of the United States Government that have responsibilities related to child trafficking, child labor, and other issues related to orphans and unaccompanied children. ``(d) Terms and Conditions.--Assistance under this section may be provided on such other terms and conditions as the President may determine. ``SEC. 262. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to Agency's Displaced Children and Orphans Fund to carry out this title $80,000,000 for each of the fiscal years 2005 through 2009. ``(b) Additional Authorities.--Amounts appropriated pursuant to subsection (a)-- ``(1) are authorized to remain available until expended; and ``(2) are in addition to amounts otherwise available for such purposes. ``(c) Funding Limitation.--Not more than 7 percent of the amounts appropriated pursuant to subsection (a) for a fiscal year may be used for administrative expenses. ``SEC. 263. MONITORING SYSTEM. ``(a) Establishment.--In order to maximize the sustainable development impact of assistance authorized under this title, the President shall establish a monitoring system that meets the requirements of subsection (b). ``(b) Requirements.--The requirements referred to in subsection (a) are as follows: ``(1) The monitoring system shall establish performance goals for the assistance and express such goals in an objective and quantifiable form, to the fullest extent feasible. ``(2) The monitoring system shall establish performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1). ``(3) The monitoring system shall provide a basis for recommendations for adjustments to the levels and type of assistance to enhance the impact of the assistance. ``SEC. 264. REPORT. ``(a) Report.--Not later than December 31, 2005, and each December 31 thereafter until December 31, 2009, the President shall transmit to Congress a report that contains a detailed description of the implementation of this title for the previous fiscal year. ``(b) Contents.--The report shall contain the following information: ``(1) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under this title-- ``(A) the amount of the grant, cooperative agreement, contract, contribution, or other form of assistance, the name of each recipient and each country with respect to which projects or activities under the grant, cooperative agreement, contract, contribution, or other form of assistance were carried out, and the approximate number of orphans and other unaccompanied children who received assistance under the projects or activities; and ``(B) the results of the monitoring system with respect to the grant, cooperative agreement, contract, contribution, or other form of assistance. ``(2) For each grant, cooperative agreement, contract, contribution, or other form of assistance awarded or entered into under any provision of law other than this title for assistance for tsunami orphans and unaccompanied children, the information described in paragraph (1)(A). ``(3) Any other appropriate information relating to the needs of tsunami orphans or unaccompanied children that could be addressed through the provision of assistance under this title or under any other provision of law. ``SEC. 265. DEFINITIONS. ``In this title: ``(1) Administrator.--The term `Administrator' means the Administrator of the Agency. ``(2) Agency.--The term `Agency' means the United States Agency for International Development. ``(3) Children.--The term `children' means persons who have not attained the age of 18. ``(4) Orphan.--The term `orphan' means a child deprived by death of one or both parents. ``(5) Unaccompanied children.--The term `unaccompanied children' means children separated from their family.''.

Tsunami Orphans and Unaccompanied Children Act of 2005 - Declares it U.S. policy to take prompt and appropriate actions to assist children who are orphaned or unaccompanied as a result of the December 26, 2004, tsunamis as an important expression of humanitarian concern and U.S. traditions. Amends the Foreign Assistance Act of 1961 to provide assistance to children who are orphaned or unaccompanied as a result of the tsunamis that occurred on December 26, 2004, in the Indian Ocean, including assistance to: (1) identify and reunify unaccompanied children; (2) provide immediate care for such children; and (3) provide for the long-term needs of children not reunified with immediate family. Establishes a program monitoring system.

To amend the Foreign Assistance Act of 1961 to provide assistance to children who are orphaned or unaccompanied as a result of the tsunamis that occurred on December 26, 2004, in the Indian Ocean.

SECTION 1. QUALIFIED TAX COLLECTION CONTRACTS. (a) Contract Requirements.-- (1) In general.--Subchapter A of chapter 64 of the Internal Revenue Code of 1986 (relating to collection) is amended by adding at the end the following new section: ``SEC. 6306. QUALIFIED TAX COLLECTION CONTRACTS. ``(a) In General.--Nothing in any provision of law shall be construed to prevent the Secretary from entering into a qualified tax collection contract. ``(b) Qualified Tax Collection Contract.--For purposes of this section, the term `qualified tax collection contract' means any contract which-- ``(1) is for the services of any person (other than an officer or employee of the Treasury Department) to locate and contact any taxpayer specified by the Secretary, to request payment from such taxpayer of an amount of Federal tax specified by the Secretary, and to obtain financial information specified by the Secretary with respect to such taxpayer, and ``(2) prohibits each person providing such services under such contract from committing any act or omission which employees of the Internal Revenue Service are prohibited from committing in the performance of similar services. ``(c) Fees.--The Secretary may retain and use an amount not in excess of 25 percent of the amount collected under any qualified tax collection contract for the costs of services performed under such contract. The Secretary shall keep adequate records regarding amounts so retained and used. The amount credited as paid by any taxpayer shall be determined without regard to this subsection. ``(d) No Federal Liability.--The United States shall not be liable for any act or omission of any person performing services under a qualified tax collection contract. ``(e) Cross References.-- ``(1) For damages for certain unauthorized collection actions by persons performing services under a qualified tax collection contract, see section 7433A. ``(2) For application of Taxpayer Assistance Orders to persons performing services under a qualified tax collection contract, see section 7811(a)(4).''. (2) Conforming amendments.-- (A) Section 7809(a) is amended by inserting ``6306,'' before ``7651''. (B) The table of sections for subchapter A of chapter 64 of such Code is amended by adding at the end the following new item: ``Sec. 6306. Qualified Tax Collection Contracts.'' (b) Civil Damages for Certain Unauthorized Collection Actions by Persons Performing Services Under Qualified Tax Collection Contracts.-- (1) In general.--Subchapter B of chapter 76 of such Code (relating to proceedings by taxpayers and third parties) is amended by inserting after section 7433 the following new section: ``SEC. 7433A. CIVIL DAMAGES FOR CERTAIN UNAUTHORIZED COLLECTION ACTIONS BY PERSONS PERFORMING SERVICES UNDER QUALIFIED TAX COLLECTION CONTRACTS. ``(a) In General.--Subject to the modifications provided by subsection (b), section 7433 shall apply to the acts and omissions of any person performing services under a qualified tax collection contract (as defined in section 6306(b)) to the same extent and in the same manner as if such person were an employee of the Internal Revenue Service. ``(b) Modifications.--For purposes of subsection (a)-- ``(1) Any civil action brought under section 7433 by reason of this section shall be brought against the person who entered into the qualified tax collection contract with the Secretary and shall not be brought against the United States. ``(2) Such person and not the United States shall be liable for any damages and costs determined in such civil action. ``(3) Such civil action shall not be an exclusive remedy with respect to such person. ``(4) Subsections (c) and (d)(1) of section 7433 shall not apply.''. (2) Clerical amendment.--The table of sections for subchapter B of chapter 76 of such Code is amended by inserting after the item relating to section 7433 the following new item: ``Sec. 7433A. Civil damages for certain unauthorized collection actions by persons performing services under a qualified tax collection contract.''. (c) Application of Taxpayer Assistance Orders to Persons Performing Services Under a Qualified Tax Collection Contract.--Section 7811 of such Code (relating to taxpayer assistance orders) is amended by adding at the end the following new subsection: ``(g) Application to Persons Performing Services Under a Qualified Tax Collection Contract.--Any order issued or action taken by the National Taxpayer Advocate pursuant to this section shall apply to persons performing services under a qualified tax collection contract (as defined in section 6306(b)) to the same extent and in the same manner as such order or action applies to the Secretary.''. (d) Ineligibility of Individuals who Commit Misconduct to Perform Under Contract.--Section 1203 of the Internal Revenue Service Restructuring Act of 1998 (relating to termination of employment for misconduct) is amended by adding at the end the following new subsection: ``(e) Individuals Performing Services Under a Qualified Tax Collection Contract.-- An individual shall cease to be permitted to perform any services under any qualified tax collection contract (as defined in section 6306(b) of the Internal Revenue Code of 1986) if there is a final determination by the Secretary of the Treasury under such contract that such individual committed any act or omission described under subsection (b) in connection with the performance of such services.''. (e) Effective Date.--The amendments made to this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to allow for the performance of tax collection services by contractors. Permits the IRS to retain up to 25 percent of the amount collected for the costs of a contractor's services, but credits the taxpayer as having paid taxes without regard to such fee. Exempts the United States of liability for any act or omission of a contractor. Permits a civil action against a contractor for unauthorized collection activities.

To amend the Internal Revenue Code of 1986 to provide for the performance of certain tax collection services by contractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Providers Are Required To Note Experiences in Record Systems to Help In-need Patients Act'' or the ``Medicaid PARTNERSHIP Act''. SEC. 2. MEDICAID PROVIDERS ARE REQUIRED TO NOTE EXPERIENCES IN RECORD SYSTEMS TO HELP IN-NEED PATIENTS. (a) Requirements Under the Medicaid Program Relating to Qualified Prescription Drug Monitoring Programs and Prescribing Certain Controlled Substances.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1943 the following new section: ``SEC. 1944. REQUIREMENTS RELATING TO QUALIFIED PRESCRIPTION DRUG MONITORING PROGRAMS AND PRESCRIBING CERTAIN CONTROLLED SUBSTANCES. ``(a) In General.--Beginning October 1, 2021, a State shall, subject to subsection (d), require each covered provider to check, in accordance with such timing, manner, and form as specified by the State, the prescription drug history of a covered individual being treated by the covered provider through a qualified prescription drug monitoring program described in subsection (b) before prescribing to such individual a controlled substance. ``(b) Qualified Prescription Drug Monitoring Program Described.--A qualified prescription drug monitoring program described in this subsection is, with respect to a State, a prescription drug monitoring program administered by the State that, at a minimum, satisfies each of the following criteria: ``(1) The program facilitates access by a covered provider to, at a minimum, the following information with respect to a covered individual, in as close to real-time as possible: ``(A) Information regarding the prescription drug history of a covered individual with respect to controlled substances. ``(B) The number and type of controlled substances prescribed to and filled for the covered individual during at least the most recent 12-month period. ``(C) The name, location, and contact information (or other identifying number selected by the State, such as a national provider identifier issued by the National Plan and Provider Enumeration System of the Centers for Medicare & Medicaid Services) of each covered provider who prescribed a controlled substance to the covered individual during at least the most recent 12-month period. ``(2) The program facilitates the integration of information described in paragraph (1) into the workflow of a covered provider, which may include the electronic system the covered provider uses to prescribe controlled substances. A qualified prescription drug monitoring program described in this subsection, with respect to a State, may have in place, in accordance with applicable State and Federal law, a data sharing agreement with the State Medicaid program that allows the medical director and pharmacy director of such program (and any designee of such a director who reports directly to such director) to access the information described in paragraph (1) in an electronic format. The State Medicaid program under this title may facilitate reasonable and limited access, as determined by the State and ensuring documented beneficiary protections regarding the use of such data, to such qualified prescription drug monitoring program for the medical director or pharmacy director of any managed care entity (as defined under section 1932(a)(1)(B)) that has a contract with the State under section 1903(m) or under section 1905(t)(3), or the medical director or pharmacy director of any entity has a contract to manage the pharmaceutical benefit with respect to individuals enrolled in the State plan (or waiver of the State plan). All applicable State and Federal security and privacy laws shall apply to the directors or designees of such directors of any State Medicaid program or entity accessing a qualified prescription drug monitoring program under this section. ``(c) Application of Privacy Rules Clarification.--The Secretary shall clarify privacy requirements, including requirements under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), related to the sharing of data under subsection (b) in the same manner as the Secretary is required under subparagraph (J) of section 1860D-4(c)(5) to clarify privacy requirements related to the sharing of data described in such subparagraph. ``(d) Ensuring Access.--In order to ensure reasonable access to health care, the Secretary shall waive the application of the requirement under subsection (a), with respect to a State, in the case of natural disasters and similar situations, and in the case of the provision of emergency services (as defined for purposes of section 1860D-4(c)(5)(D)(ii)(II)). ``(e) Reports.-- ``(1) State reports.--Each State shall include in the annual report submitted to the Secretary under section 1927(g)(3)(D), beginning with such reports submitted for 2023, information including, at a minimum, the following information for the most recent 12-month period: ``(A) The percentage of covered providers (as determined pursuant to a process established by the State) who checked the prescription drug history of a covered individual through a qualified prescription drug monitoring program described in subsection (b) before prescribing to such individual a controlled substance. ``(B) Aggregate trends with respect to prescribing controlled substances such as-- ``(i) the quantity of daily morphine milligram equivalents prescribed for controlled substances; ``(ii) the number and quantity of daily morphine milligram equivalents prescribed for controlled substances per covered individual; and ``(iii) the types of controlled substances prescribed, including the dates of such prescriptions, the supplies authorized (including the duration of such supplies), and the period of validity of such prescriptions, in different populations (such as individuals who are elderly, individuals with disabilities, and individuals who are enrolled under both this title and title XVIII). ``(C) Whether or not the State requires (and a detailed explanation as to why the State does or does not require) pharmacists to check the prescription drug history of a covered individual through a qualified drug management program before dispensing a controlled substance to such individual. ``(2) Report by cms.--Not later than October 1, 2023, the Administrator of the Centers for Medicare & Medicaid Services shall publish on the publicly available website of the Centers for Medicare & Medicaid Services a report including the following information: ``(A) Guidance for States on how States can increase the percentage of covered providers who use qualified prescription drug monitoring programs described in subsection (b). ``(B) Best practices for how States and covered providers should use such qualified prescription drug monitoring programs to reduce the occurrence of abuse of controlled substances. ``(f) Increase to Federal Matching Rate for Certain Expenditures Relating to Qualified Prescription Drug Management Programs.--The Secretary shall increase the Federal medical assistance percentage or Federal matching rate that would otherwise apply to a State under section 1903(a) for a calendar quarter occurring during the period beginning October 1, 2018, and ending September 30, 2021, for expenditures by the State for activities under the State plan (or waiver of the State plan) to implement a prescription drug management program that satisfies the criteria described in paragraphs (1) and (2) of subsection (b) if the State (in this subsection referred to as the `administering State') has in place agreements with all States that are contiguous to such administering State that, when combined, enable covered providers in all such contiguous States to access, through the prescription drug management program, the information that is described in subsection (b)(1) of covered individuals of such administering State and that covered providers in such administering State are able to access through such program. In no case shall an increase under this subsection result in a Federal medical assistance percentage or Federal matching rate that exceeds 100 percent. ``(g) Rule of Construction.--Nothing in this section prevents a State from requiring pharmacists to check the prescription drug history of covered individuals through a qualified drug management program before dispensing controlled substances to such individuals. ``(h) Definitions.--In this section: ``(1) Controlled substance.--The term `controlled substance' means a drug that is included in schedule II of section 202(c) of the Controlled Substances Act and, at the option of the State involved, a drug included in schedule III or IV of such section. ``(2) Covered individual.--The term `covered individual' means, with respect to a State, an individual who is enrolled in the State plan (or under a waiver of such plan). Such term does not include an individual who-- ``(A) is receiving-- ``(i) hospice or palliative care; or ``(ii) treatment for cancer; ``(B) is a resident of a long-term care facility, of a facility described in section 1905(d), or of another facility for which frequently abused drugs are dispensed for residents through a contract with a single pharmacy; or ``(C) the State elects to treat as exempted from such term. ``(3) Covered provider.-- ``(A) In general.--The term `covered provider' means, subject to subparagraph (B), with respect to a State, a health care provider who is participating under the State plan (or waiver of the State plan) and licensed, registered, or otherwise permitted by the State to prescribe a controlled substance (or the designee of such provider). ``(B) Exceptions.-- ``(i) In general.--Beginning October 1, 2021, for purposes of this section, such term does not include a health care provider included in any type of health care provider determined by the Secretary to be exempt from application of this section under clause (ii). ``(ii) Exceptions process.--Not later than October 1, 2020, the Secretary, after consultation with the National Association of Medicaid Directors, national health care provider associations, Medicaid beneficiary advocates, and advocates for individuals with rare diseases, shall determine, based on such consultations, the types of health care providers (if any) that should be exempted from the definition of the term `covered provider' for purposes of this section.''. (b) Guidance.--Not later than October 1, 2019, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Director of the Centers for Disease Control and Prevention, shall issue guidance on best practices on the uses of prescription drug monitoring programs required of prescribers and on protecting the privacy of Medicaid beneficiary information maintained in and accessed through prescription drug monitoring programs. (c) Development of Model State Practices.-- (1) In general.--Not later than October 1, 2020, the Secretary of Health and Human Services shall develop and publish model practices to assist State Medicaid program operations in identifying and implementing strategies to utilize data sharing agreements described in the matter following paragraph (2) of section 1944(b) of the Social Security Act, as added by subsection (a), for the following purposes: (A) Monitoring and preventing fraud, waste, and abuse. (B) Improving health care for individuals enrolled in a State plan under title XIX of such Act (or waiver of such plan) who-- (i) transition in and out of coverage under such title; (ii) may have sources of health care coverage in addition to coverage under such title; or (iii) pay for prescription drugs with cash. (C) Any other purposes specified by the Secretary. (2) Elements of model practices.--The model practices described in paragraph (1)-- (A) shall include strategies for assisting States in allowing the medical director or pharmacy director (or designees of such a director) of managed care organizations or pharmaceutical benefit managers to access information with respect to all covered individuals served by such managed care organizations or pharmaceutical benefit managers to access as a single data set, in an electronic format; and (B) shall include any appropriate beneficiary protections and privacy guidelines. (3) Consultation.--In developing model practices under this subsection, the Secretary shall consult with the National Association of Medicaid Directors, managed care entities (as defined in section 1932(a)(1)(B) of the Social Security Act) with contracts with States pursuant to section 1903(m) of such Act, pharmaceutical benefit managers, physicians and other health care providers, beneficiary advocates, and individuals with expertise in health care technology related to prescription drug monitoring programs and electronic health records. (d) Report by Comptroller General.--Not later than October 1, 2020, the Comptroller General of the United States shall issue a report examining the operation of prescription drug monitoring programs administered by States, including data security and access standards used by such programs. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Medicaid Providers Are Required To Note Experiences in Record Systems to Help In-need Patients Act or the Medicaid PARTNERSHIP Act (Sec. 2) This bill requires each state to: (1) establish a prescription drug monitoring program (PDMP), and (2) require health care providers to check the PDMP for a Medicaid enrollee's prescription drug history before prescribing controlled substances to the enrollee. In addition to meeting other specified requirements, each PDMP must allow health care providers to access the number and type of controlled substances prescribed to a Medicaid enrollee during the most recent 12-month period. The bill also temporarily increases the federal matching rate with respect to Medicaid expenditures related to PDMP implementation for states that have agreements to promote PDMP interoperability with their neighboring states. The Centers for Medicare & Medicaid Services must publish guidance and best practices for states regarding PDMP utilization. Additionally, the Government Accountability Office must report on PDMP administration.

Medicaid Providers Are Required To Note Experiences in Record Systems to Help In-need Patients Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) The largest and longest United States Army court- martial of World War II took place in 1944 at Fort Lawton, in Seattle, Washington. (2) Forty-three defendants, all of them African American, were charged with rioting, carrying a maximum penalty of life in prison, and three of those defendants were also charged with the first-degree murder of Guglielmo Olivotto, an Italian prisoner of war, carrying a maximum penalty of death. (3) The alleged crimes occurred at Fort Lawton on the night of August 14, 1944, in a segregated area reserved for African American enlisted men of the United States Army and for an Italian Service Unit (ISU). (4) On August 14, 1944, a member of the 650th Port Company (an African American unit at the fort) had a brief fistfight with a member of the 28th Italian Service Unit. Over the next 45 minutes, approximately 200 African American soldiers from all three port companies entered the adjacent Italian Service Unit area and a disturbance ensued. Some portion of that group used fence posts, rocks, bricks, and knives to injure members of the Italian unit and four American soldiers assigned to the Italian unit. After military police arrived and order was restored, 24 men were taken to the hospital for treatment. (5) On August 15, 1944, two military policemen on patrol spotted the lifeless body of Italian prisoner of war, Private Guglielmo Olivotto, lynched with a rope tied to an obstacle course cable. (6) On October 28, 1944, Brigadier General Elliot D. Cooke of the Army's Inspector General Office filed a report with the commanding general of Army Service Forces. After spending several weeks to take the recorded sworn testimony of 164 witnesses, General Cooke made numerous conclusions, all of which highlighted the fact that the Army's investigation was deeply flawed and, in the words of the General himself, was ``reprehensible''. (7) As a direct result of General Cooke's report, the Fort Lawton commanding officer was relieved of his command, the fort provost marshal was reassigned, and two white military policemen who failed to intervene at the outset of the disturbance were court-martialed. Nonetheless, the trial of 43 African American soldiers charged as a result of the disturbance proceeded. (8) The defendants were tried in a group, and all 43 shared two Army defense counsel, who were given just 10 days to prepare the defense. The court-martial lasted 24 trial days. (9) The Cooke Report and its voluminous transcripts were in the possession of the Army prosecutor, Lieutenant Colonel Leon Jaworski, throughout the trial. When defense attorney Major William Beeks requested access to the report in open court, Lieutenant Colonel Jaworski refused, and the members of the court-martial panel refused to intervene. (10) The central prosecution witness was an Italian prisoner of war whom United States Army intelligence had previously identified as ``probably pro-Nazi,'' a fact not made available to the defense. (11) The military policemen who had failed to intervene at the outset of the disturbance were witnesses for the prosecution. The fact that both were to be court-martialed for their role in the disturbance was not made known to the defense. (12) The prosecution was unable to produce a murder weapon at trial, nor did it offer any witness or physical evidence linking any of the defendants to the death of the Italian prisoner of war. (13) Twenty-eight defendants were found guilty of rioting and two were also found guilty of manslaughter. All were sentenced to a period of confinement, for periods ranging from six months to 25 years, with the average period of confinement to which they were sentenced being 7.5 years, and all but one of those convicted received a dishonorable discharge. (14) On April 19, 1945, a three-member panel of the United States Army Board of Review, faced with one of the most voluminous trial transcripts of the war, summarily dismissed all appeals without comment. (15) Of the 27 soldiers whose sentences included a dishonorable discharge, a few re-enlisted at the end of their prison term and eventually obtained an honorable discharge. The rest spent or are spending the rest of their lives with the dishonorable discharge on their military records. SEC. 2. REVIEW OF FORT LAWTON COURT-MARTIAL CASES. (a) Review.--The Secretary of the Army shall carry out without delay a thorough review of the cases of all 28 individuals convicted in the court-martial arising from a disturbance at Fort Lawton, Seattle, Washington on August 14, 1944. The purpose of the review shall be to determine the validity of the original findings and sentences and the extent, if any, to which racial prejudice or other improper factors now known may have tainted the original investigations and trials. (b) Report.--Not later than six months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the review under subsection (a). The Secretary shall include in the report the Secretary's findings and a statement of the actions that Secretary has taken, and intends to take, as a result of such review. (c) Correction of Records.--If the Secretary determines that the conviction of an individual in any case reviewed under subsection (a) was in error or an injustice, then, notwithstanding any other provision of law, the Secretary shall correct that individual's military records (including the record of the court-martial in such case) as necessary to rectify the error or injustice.

Directs the Secretary of the Army to carry out without delay a thorough review of the cases of all 28 individuals convicted in the court-martial arising from a disturbance at Fort Lawton, Seattle, Washington, on August 14, 1944, in order to determine the validity of the original findings and sentences and the extent, if any, to which racial prejudice or other improper factors may have tainted the original investigation and trials. Requires the Secretary: (1) to report to Congress on the review's results; and (2) if it is determined that there was error or an injustice, to correct the individual's military records as necessary.

To direct the Secretary of the Army to carry out without delay a thorough review of the cases of all 28 individuals convicted in the court-martial arising from a disturbance at Fort Lawton, Seattle, Washington, on August 14, 1944, and to require the Secretary to correct the military records (including the record of the court-martial in such case) of any individual as necessary to rectify error or injustice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Immunization Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) 90 percent of all children under the age of 2 receive at least one vaccination yet only 40 to 60 percent of these children receive a complete set of vaccinations; (2) the low immunization rate for children stems from inadequate immunization delivery systems and a lack of public education concerning the risks related to the nonimmunization of children; and (3) government health care programs must coordinate their activities in order to increase immunization rates. (b) Purpose.--It is the purpose of this Act to-- (1) provide an enhanced Federal match under title XIX of the Social Security Act for State making certain low income individuals eligible for immunization services; (2) provide authority for reimbursements to vaccine manufacturers under vaccine replacement programs; (3) provide authority for states to reduce AFDC benefits for adults who fail to properly immunize their children; and (4) extend the Vaccine Injury Compensation Program. SEC. 3. ENHANCED FEDERAL MATCH FOR STATES MAKING INDIVIDUALS WITH INCOMES UP TO 185 PERCENT OF THE POVERTY LINE ELIGIBLE FOR IMMUNIZATION SERVICES. (a) Adjustments to Income Levels.--Section 1902(l)(2) of the Social Security Act (42 U.S.C. 1396a(l)(2)) is amended-- (1) in subparagraph (B), by striking ``(B) For purposes'' and inserting ``(B)(i) Except as provided in clause (ii), for purposes'' and by adding at the end the following new clause: ``(ii) For purposes of determining eligibility for immunization services under the State plan, the State may apply clause (i) by substituting `185 percent' for `133 percent' in order to receive enhanced payments under section 1903(a)(7).''; and (2) in subparagraph (C), by striking ``(C) For purposes'' and inserting ``(C)(i) Except as provided in clause (ii), for purposes'' and by adding at the end the following new clause: ``(ii) For purposes of determining eligibility for immunization services under the State plan, the State may apply clause (i) by substituting `185 percent' for `100 percent' in order to receive enhanced payments under section 1903(a)(7).''. (b) Simplified Application and Billing Procedure for Immunization Services.--Section 1902(l)(2) of the Social Security Act (42 U.S.C. 1396a(l)(2)) is amended by adding at the end the following new subparagraph: ``(D)(i) Each State which establishes income levels under subparagraphs (A), (B)(ii), and (C)(ii) which are equal to 185 percent of the income official poverty line described in subparagraph (A) for only immunization services shall-- ``(I) implement a simplified application procedure for such services which-- ``(aa) permits applications for such services to be submitted at locations described in section 1902(a)(55) and locations where eligibility determinations under section 1920 are made; and ``(bb) complies with requirements established by the Secretary; and ``(II) implement a simplified billing procedure for such services which complies with requirements established by the Secretary. ``(ii) Not later than 1 year after the date of the enactment of this subparagraph, the Secretary shall establish the requirements referred to in subclauses (I) and (II) of clause (i).''. (c) Enhanced Match.--Section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) in the case of a State which-- ``(A) has established income levels under subparagraphs (A), (B)(ii), and (C)(ii) of section 1902(l)(2) with respect to eligibility under the State plan for immunization services which are equal to 185 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved, ``(B) has established a simplified application and billing procedure for immunization services as required under subparagraph (D) of section 1902(l)(2), and ``(C) provides reasonable reimbursement to providers of immunization services, an amount equal to the product of the total amount expended during such quarter on immunization services, multiplied by 90 percent;''. (d) Effective Date.--The amendments made by this section shall apply to immunization services furnished in calendar quarters beginning after June 30, 1993. SEC. 4. REIMBURSEMENT TO VACCINE MANUFACTURERS. (a) In General.--Section 1902(a)(32) of the Social Security Act (42 U.S.C. 1396a(32)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) nothing in this paragraph shall be construed to prevent the making of such a payment to a manufacturer of a childhood vaccine under a contract with the State pursuant to which the manufacturer participates in a vaccine replacement program described in subsection (z).''. (b) Vaccine Replacement Program.--Section 1902 of such Act (42 U.S.C. 1396) is amended by adding at the end the following new subsection: ``(z)(1) A vaccine replacement program described in this subsection is a program under which a State with a State plan approved under this title contracts with each manufacturer of childhood vaccines selling such vaccines in the State to-- ``(A) supply doses of childhood vaccines to providers (or in the case of a State medicaid vaccine program, the State) administering such vaccines to individuals eligible to receive medical assistance under the State plan and replace such vaccines as needed; and ``(B) charge the State agency for such doses of childhood vaccines the price under the most recent bid (determined once such bid price is made public) submitted by the manufacturer who received the Centers for Disease Control and Prevention contract with respect to the childhood immunization program, plus a reasonable fee to cover shipping and handling of returns for such doses. ``(2) Any manufacturer of childhood vaccines which does not participate in a vaccine replacement program described in paragraph (1) shall be ineligible to bid for Centers for Disease Control and Prevention immunization contracts under section 317(j) of the Public Health Services Act.''. (c) Agreements With the State.--Section 1902(a)(27) of such Act (42 U.S.C. 1396a(a)(27)) is amended-- (1) by striking ``under the State plan'' and inserting ``under the State plan and with any entity that is a manufacturer of a childhood vaccine under a contract with the State pursuant to which the manufacturer participates in a vaccine replacement program described in subsection (z)''; and (2) by striking ``such person or institution'' each place it appears and inserting ``such person, institution, or entity''. (d) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. SEC. 5. STATE OPTION TO PROVIDE THAT CERTAIN PAYMENTS UNDER AFDC ARE CONDITIONED ON RECEIPT OF IMMUNIZATIONS. (a) In General.--Section 402 of the Social Security Act (42 U.S.C. 602) is amended-- (1) in paragraph (44), by striking ``; and'' and inserting a semicolon; (2) in paragraph (45), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: ``(46) at the option of the State, provide that for any month in which a family receiving aid to families with dependent children has a member who is an individual who has not attained 6 years of age and who has not received appropriate immunizations (as determined by the State), may take actions designed to encourage timely immunization of such children, including but not limited to reducing the total benefits received by such family for such month by the amount of such benefits, or any portion thereof, allocable to the parent or guardian of the child in question.''. (c) Effective Date.--The amendment made by subsection (a) shall become effective on the date of the enactment of this Act. SEC. 6. NATIONAL VACCINE INJURY COMPENSATION PROGRAM AMENDMENTS. (a) Tax.-- (1) In general.--Subsection (c) of section 4131 of the Internal Revenue Code of 1986 (relating to tax on certain vaccines) is repealed. (2) Reinstatement of tax.--The tax imposed by section 4131 of the Internal Revenue Code of 1986 is hereby reinstated effective on the date of enactment of this Act. (b) Trust Fund.-- (1) Paragraph (1) of section 9510(c) of such Code (relating to expenditures from Vaccine Injury Compensation Trust Fund) is amended by striking ``and before October 1, 1992,''. (2) Section 6601(r) of the Omnibus Budget Reconciliation Act of 1989 is amended by striking out ``$2,500,000 for each of fiscal years 1991 and 1992'' each place it appears and inserting in lieu thereof ``$3,000,000 for fiscal year 1994 and each fiscal year thereafter'' (in three places). (c) Study.--The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall conduct a study of-- (1) the estimated amount that will be paid from the Vaccine Injury Compensation Trust Fund with respect to vaccines administered after September 30, 1988, and before October 1, 1994; (2) the rates of vaccine-related injury or death with respect to the various types of such vaccines; (3) new vaccines and immunization practices being developed or used for which amounts may be paid from such Trust Fund; (4) whether additional vaccines should be included in the vaccine injury compensation program; (5) whether the current levels of excise tax are appropriate to the estimated needs of the Fund; and (6) the appropriate treatment of vaccines produced by State governmental entities. The report of such study shall be submitted not later than January 1, 1994, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. SEC. 7. MATERNITY SERVICES INFORMATION. (a) In General.--The Secretary shall develop and through State health officials disseminate, to all hospitals that provide maternity services, informational materials concerning immunization and well-baby care, including an immunization schedule. (b) Dissemination by Providers.--To be eligible for funds under title XVIII or XIX of the Social Security Act, a health care provider providing maternity services shall disseminate the immunization materials described in subsection (a) to new parents to which such provider provides services.

National Immunization Act - Amends the Social Security Act (SSA) to: (1) give States, in order to be eligible for enhanced Federal payments, the option of covering under their Medicaid (SSA title XIX) plans childhood immunization services for children of families with incomes up to 185 percent of the poverty line; (2) require States which exercise such option to implement simplified application and billing procedures for such services; (3) allow States with approved Medicaid plans to contract with manufacturers to supply vaccines for administration to children of Medicaid-eligible families at Federal discounted prices; and (4) give States the option of reducing AFDC (Aid to Families with Dependent Children) payments under SSA title IV part A to families with children who have not received appropriate immunizations. Amends the Internal Revenue Code to reinstate and continue indefinitely the imposition of taxes on certain vaccines under the National Vaccine Injury Compensation Program. Amends the Omnibus Budget Reconciliation Act of 1989 to reauthorize and extend such Program. Requires a study and report to the Congress by the Secretary of the Treasury on Program funding and payments and whether additional vaccines should be included in the Program. Requires the Secretary of Health and Human Services to develop and disseminate to all hospitals that provide maternity services informational materials on immunization and well-baby care. Requires providers of such services to disseminate such materials to new parents served by them in order to be eligible for funds under SSA titles XVIII (Medicare) or XIX.

National Immunization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Occupancy Furniture Flammability Act'' or ``SOFFA''. SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STANDARD AS A FEDERAL STANDARD. (a) Definitions.--In this section-- (1) the term ``bedding product'' means-- (A) an item that is used for sleeping or sleep- related purposes; or (B) any component or accessory with respect to an item described in subparagraph (A), without regard to whether the component or accessory, as applicable, is used-- (i) alone; or (ii) along with, or contained within, that item; (2) the term ``California standard'' means the standard set forth by the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation of the Department of Consumer Affairs of the State of California in Technical Bulletin 117-2013, entitled ``Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture'', originally published June 2013, as in effect on the date of enactment of this Act; (3) the terms ``foundation'' and ``mattress'' have the meanings given those terms in section 1633.2 of title 16, Code of Federal Regulations, as in effect on the date of enactment of this Act; and (4) the term ``upholstered furniture''-- (A) means an article of seating furniture that-- (i) is intended for indoor use; (ii) is movable or stationary; (iii) is constructed with a contiguous upholstered-- (I) seat; and (II)(aa) back; or (bb) arm; (iv) is-- (I) made or sold with a cushion or pillow, without regard to whether that cushion or pillow, as applicable, is attached or detached with respect to the article of furniture; or (II) stuffed or filled, or able to be stuffed or filled, in whole or in part, with any material, including a substance or material that is hidden or concealed by fabric or another covering, including a cushion or pillow belonging to, or forming a part of, the article of furniture; and (v) together with the structural units of the article of furniture, any filling material, and the container and covering with respect to those structural units and that filling material, can be used as a support for the body of an individual, or the limbs and feet of an individual, when the individual sits in an upright or reclining position; (B) includes an article of furniture that is intended for use by a child; and (C) does not include-- (i) a mattress; (ii) a foundation; (iii) any bedding product; or (iv) furniture that is used exclusively for the purpose of physical fitness and exercise. (b) Adoption of Standard.-- (1) In general.--Beginning on the date that is 180 days after the date of enactment of this Act, and except as provided in paragraph (2), the California standard shall be considered to be a flammability standard promulgated by the Consumer Product Safety Commission under section 4 of the Flammable Fabrics Act (15 U.S.C. 1193). (2) Testing and certification.--A fabric, related material, or product to which the California standard applies as a result of paragraph (1) shall not be subject to section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)). (c) Preemption.-- (1) In general.--Notwithstanding section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note), and except as provided in subparagraphs (B) and (C) of paragraph (2), no State or any political subdivision of a State may establish or continue in effect any provision of a flammability law, regulation, code, standard, or requirement that is designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered furniture. (2) Preservation of certain state law.--Nothing in this Act or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be construed to preempt or otherwise affect-- (A) any State or local law, regulation, code, standard, or requirement that-- (i) concerns health risks associated with upholstered furniture; and (ii) is not designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered furniture; (B) sections 1374 through 1374.3 of title 4, California Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of this Act; or (C) the California standard.

Safer Occupancy Furniture Flammability Act or SOFFA This bill adopts a state flammability standard established by California as a federal standard to protect against the risk of upholstered-furniture flammability.

Safer Occupancy Furniture Flammability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Transportation Safety and Security Act''. SEC. 2. PASSENGER RAIL SAFETY AND SECURITY ASSISTANCE. (a) In General.--To improve the safety and security of rail transportation provided by Amtrak, the Secretary of Transportation may, through appropriate funding documents, procedures, and arrangements (including contracts, loans, grants, and cooperative agreements) make available-- (1) $515,000,000 for systemwide security upgrades, including hiring and training additional police officers, canine-assisted security units, and surveillance equipment; and (2) $998,000,000 to be used to complete New York tunnel life safety projects and rehabilitate tunnels in Washington, D.C., and Baltimore, Maryland. (b) Plan Required.--The Secretary may not make such amounts available to Amtrak for obligation or expenditure under subsection (a)-- (1) for implementing systemwide security upgrades until Amtrak has submitted to the Secretary, and the Secretary has approved, a plan for such upgrades; (2) for completing the tunnel life safety and rehabilitation projects until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; and (3) Amtrak has submitted to the Secretary such additional information as the Secretary may require in order to ensure full accountability for the obligation or expenditure of amounts made available to Amtrak for such purposes. (c) Assessment by DOT Inspector General.--The Inspector General of the Department of Transportation shall, as part of the Department's annual assessment of Amtrak's financial status and capital funding requirements, review the obligation and expenditure of funds under each such funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act. (d) Report on Overlap.--Within 60 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that identifies any overlap between-- (1) capital projects for which funds are provided under such funding documents, procedures, or arrangements; and (2) capital projects included in Amtrak's 20-year capital plan. SEC. 3. RAIL POLICE OFFICERS. Section 28101 of title 49, United States Code, is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. SEC. 4. TERRORIST ATTACKS AGAINST RAILROADS. (a) In General.--Section 1992 of title 18, United States Code, is amended to read as follows: ``Sec. 1992. Terrorist attacks against railroads ``(a) General Prohibitions.--Whoever willfully-- ``(1) wrecks, derails, sets fire to, or disables any train, locomotive, motor unit, or freight or passenger car used, operated, or employed by a railroad carrier; ``(2) brings, carries, possesses, places or causes to be placed any destructive substance, or destructive device in, upon, or near any train, locomotive, motor unit, or freight or passenger car used, operated, or employed by a railroad carrier, without previously obtaining the permission of the carrier, and with intent to endanger the safety of any passenger or employee of the carrier, or with a reckless disregard for the safety of human life; ``(3) sets fire to, or places any destructive substance, or destructive device in, upon or near, or undermines any tunnel, bridge, viaduct, trestle, track, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, or otherwise makes any such tunnel, bridge, viaduct, trestle, track, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance unworkable or unusable or hazardous to work or use, knowing or having reason to know such activity would likely derail, disable, or wreck a train, locomotive, motor unit, or freight or passenger car used, operated, or employed by a railroad carrier; ``(4) removes appurtenances from, damages, or otherwise impairs the operation of any railroad signal system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal on a railroad line used, operated, or employed by a railroad carrier; ``(5) interferes with, disables, or incapacitates any locomotive engineer, conductor, or other person while they are operating or maintaining a train, locomotive, motor unit, or freight or passenger car used, operated, or employed by a railroad carrier, with intent to endanger the safety of any passenger or employee of the carrier, or with a reckless disregard for the safety of human life; ``(6) commits an act intended to cause death or serious bodily injury to an employee or passenger of a railroad carrier while on the property of the carrier; ``(7) causes the release of a hazardous material being transported by a rail freight car, with the intent to endanger the safety of any person, or with a reckless disregard for the safety of human life; ``(8) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act that would be a crime prohibited by this subsection; or ``(9) attempts, threatens, or conspires to do any of the aforesaid acts, shall be fined under this title or imprisoned not more than 20 years, or both, if such act is committed, or in the case of a threat or conspiracy such act would be committed, within the United States on, against, or affecting a railroad carrier engaged in or affecting interstate or foreign commerce, or if in the course of committing such acts, that person travels or communicates across a State line in order to commit such acts, or transports materials across a State line in aid of the commission of such acts; except that whoever is convicted of any crime prohibited by this subsection shall be-- ``(A) imprisoned for not less than 30 years or for life if the railroad train involved carried high-level radioactive waste or spent nuclear fuel at the time of the offense; ``(B) imprisoned for life if the railroad train involved was carrying passengers at the time of the offense; and ``(C) imprisoned for life or sentenced to death if the offense has resulted in the death of any person. ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.-- ``(1) Except as provided in paragraph (4), whoever knowingly possesses or causes to be present any firearm or other dangerous weapon on board a passenger train of a railroad carrier, or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both, if such act is committed on a railroad carrier that is engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. ``(2) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon on board a passenger train or in a passenger terminal facility of a railroad carrier, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both, if such act is committed on a railroad carrier that is engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. ``(3) A person who kills or attempts to kill a person in the course of a violation of paragraphs (1) or (2), or in the course of an attack on a passenger train or a passenger terminal facility of a railroad carrier involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113. ``(4) Paragraph (1) shall not apply to-- ``(A) the possession of a firearm or other dangerous weapon by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, while engaged in the lawful performance of official duties, who is authorized by law to engage in the transportation of people accused or convicted of crimes, or supervise the prevention, detection, investigation, or prosecution of any violation of law; ``(B) the possession of a firearm or other dangerous weapon by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, while off duty, if such possession is authorized by law; ``(C) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; ``(D) the possession of a firearm or other dangerous weapon by a railroad police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State, whether on or off duty; or ``(E) an individual transporting a firearm on board a railroad passenger train (except a loaded firearm) in baggage not accessible to any passenger on board the train, if the railroad carrier was informed of the presence of the weapon prior to the firearm being placed on board the train. ``(c) Prohibition Against Propelling Objects.--Whoever willfully or recklessly throws, shoots, or propels a rock, stone, brick, or piece of iron, steel, or other metal or any deadly or dangerous object or destructive substance at any locomotive or car of a train, knowing or having reason to know such activity would likely cause personal injury, shall be fined under this title or imprisoned for not more than 5 years, or both, if such act is committed on or against a railroad carrier engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. Whoever is convicted of any crime prohibited by this subsection shall also be subject to imprisonment for not more than 20 years if the offense has resulted in the death of any person. ``(d) Definitions.--In this section: ``(1) Dangerous device.--The term `dangerous device' has the meaning given that term in section 921(a)(4) of this title. ``(2) Dangerous weapon.--The term `dangerous weapon' has the meaning given that term in section 930 of this title. ``(3) Destructive substance.--The term `destructive substance' has the meaning given that term in section 31 of this title, except that (A) the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes, and (B) `destructive substance' includes any radioactive device or material that can be used to cause a harm listed in subsection (a) and that is not in use solely for medical, industrial, research, or other peaceful purposes. ``(4) Firearm.--The term `firearm' has the meaning given that term in section 921 of this title. ``(5) Hazardous material.--The term `hazardous material' has the meaning given that term in section 5102(2) of title 49, United States Code. ``(6) High-level radioactive waste.--The term `high-level radioactive waste' has the meaning given that term in section 10101(12) of title 42, United States Code. ``(7) Railroad.--The term `railroad' has the meaning given that term in section 20102(1) of title 49, United States Code. ``(8) Railroad carrier.--The term `railroad carrier' has the meaning given that term in section 20102(2) of title 49, United States Code. ``(9) Serious bodily injury.--The term `serious bodily injury' has the meaning given that term in section 1365 of this title. ``(10) Spent nuclear fuel.--The term `spent nuclear fuel' has the meaning given that term in section 10101(23) of title 42, United States Code. ``(11) State.--The term `State' has the meaning given that term in section 2266 of this title.''. (b) Clerical Amendment.--The chapter analysis for chapter 97 of title 18, United States Code, is amended by striking the item relating to section 1992 and inserting the following: ``1992. Terrorist attacks against railroads.''. SEC. 5. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. The Secretary of Transportation shall, in consultation with the rail industry and public safety officials, assess the security risks associated with rail transportation and develop recommendations for target-hardening those areas identified as posing significant risk to public safety. The Secretary shall transmit a report to the Congress within 90 days after the date of enactment of this Act setting forth the assessment, together with any proposals to provide Federal assistance to aid in the protection against deliberate acts of crime or terrorists acts toward rail employees, rail passengers, rail shipments, or rail property. The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.

Rail Transportation Safety and Security Act - Authorizes the Secretary of Transportation, in order to improve the safety and security of rail transportation provided by Amtrak, to make available through appropriate funding documents, procedures, and arrangements (including contracts, loans, grants, and cooperative agreements) amounts for: (1) systemwide security upgrades, including hiring and training additional police officers, canine-assisted security units, and surveillance equipment; and (2) completion of New York tunnel life safety projects and rehabilitation of tunnels in Washington, D.C., and Baltimore, Maryland. Prohibits the Secretary from making such amounts available to Amtrak until a plan has been submitted to the Secretary for approval.Amends Federal criminal law to prohibit: (1) specific terrorist acts or otherwise destructive, disruptive, or violent acts against railroads, including freight or passenger trains; (2) the possession or use of a firearm or dangerous weapon on board a passenger train; and (3) the propelling of deadly objects or destructive substances at a locomotive or car of a train. Sets forth, and in certain circumstances increases, criminal penalties for persons who commit such acts.Directs the Secretary to assess the security risks associated with rail transportation and develop recommendations for target-hardening those areas identified as posing significant risk to public safety.

A bill to improve the safety and security of rail transportation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protections and Market Access for Mortgage Finance Act of 2016''. SEC. 2. CREDIT RISK-TRANSFER TRANSACTIONS. (a) Requirement for Enterprises.--Subpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following new section: ``SEC. 1328. ENTERPRISE CREDIT RISK-TRANSFER TRANSACTIONS. ``(a) Requirement.--Not later than 12 months after the date of enactment of this Act, the Director shall, after taking into consideration market conditions and the safety and soundness of the enterprises, establish guidelines requiring that each enterprise engage in significant and increasing credit risk-transfer transactions. ``(b) Considerations.--In establishing the guidelines under subsection (a), the Director shall-- ``(1) seek to promote a deep, broad market for a variety of structures that together insulate the taxpayer from losses, minimize ongoing risks to the enterprises, remain stable through the economic cycle, maintain adequate access to the secondary market for lenders of all sizes, and promote credit for borrowers in all communities; ``(2) continue and seek to increase the amount and types of risk-transfer transactions that the enterprises engaged in during the previous year with the goal that the risk transferred by an enterprise by all credit risk-transfer transactions shall be at least 400 basis points of risk in total, starting from the first dollar of credit loss among all the different credit risk-transfer structures; ``(3) continue and seek to increase front-end risk transfer transactions; and ``(4) continue and seek to increase transactions in which the first loss position is transferred or shared and through structures that are scalable and transparent. ``(c) Guarantee Fees.--The enterprises shall set and publish guarantee fees, including up-front delivery fees and loan level price adjustments, commensurate with the enterprises' reduced credit risk resulting from any new risk-transfer transaction. ``(d) APA Compliance.--The guidelines required under subsection (a) shall be issued and made available to the public pursuant to section 553 of title 5, United States Code. ``(e) Compensation.--The Director shall adjust individual and corporate scorecards used in determining compensation for relevant enterprise employees to align with the considerations of subsection (b). ``(f) Exemption From Commodity Exchange Act; Consultation.-- ``(1) Exemption.--A swap (as such term is defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) entered into for the purpose of transferring or sharing credit risk in connection with a risk-transfer transaction shall not be deemed to be a commodity interest (as such term is defined in section 1.3(yy) of the regulations of the Commodity Futures Trading Commission (17 C.F.R. 1.3(yy))), and no swap counterparty or other person sponsoring or arranging a risk-transfer transaction shall be deemed to be a commodity pool operator (as such term is defined in section 1.3(cc) of such regulations), solely by virtue of entering into or sponsoring or arranging such a swap in connection with such transaction. ``(2) Prior consultation requirement.--Before the execution of a risk-transfer transaction that would be exempt from the Commodity Exchange Act pursuant to paragraph (1), the Director shall consult with the Commodity Futures Trading Commission. ``(g) Report.--The Director shall submit a report, not later than October 30 of each year, to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, on the activities of each enterprise in meeting the guidelines established under subsection (a) and any obstacles the Director has determined have impeded the ability of the enterprises to meet such guidelines. ``(h) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Credit risk.--The term `credit risk' means, with respect to a residential mortgage loan held or guaranteed, or intended to be held or guaranteed, by an enterprise or any security backed by residential mortgage loans held or guaranteed by the enterprise, the risk of loss to the enterprise that could result from a mortgagor's failure to repay any such loan in accordance with its terms. ``(2) First loss.--The term `first-loss' means the risk of loss for an enterprise on a mortgage loan or security backed by residential mortgage loans, beginning with the first dollar of loss. ``(3) Front-end risk transfer.--The term `front-end risk transfer' means, with respect to a residential mortgage loan or any security backed by residential mortgage loans, a risk transfer or risk share that occurs before or simultaneous with the acquisition of such loan or security by an enterprise. ``(4) Guarantee fee.--The term `guarantee fee' has the meaning given such term in section 1327(a) (12 U.S.C. 4547(a)). ``(5) Risk-transfer transaction.--The term `risk-transfer transaction' means any transaction that provides for-- ``(A) the sale, disposition, retention, or transfer within the private sector of credit risk on any single- family residential mortgage loan or a pool of such loans that back securities on which the enterprise guarantees the timely payment of principal and interest; or ``(B) the retention by the private sector of any such credit risk in connection with the sale of any such loan or security to an enterprise.''. (b) Conforming Amendment to Commodity Exchange Act.--Paragraph (10) of section 1a of the Commodity Exchange Act (7 U.S.C. 1a(10)) is amended by adding at the end the following new subparagraph: ``(C) Rule of construction.--A swap (as such term is defined in section 1a) entered into for the purpose of transferring or sharing credit risk in connection with a risk-transfer transaction shall not be considered to be a commodity interest (as such term is defined in section 1.3(yy) of title 17, Code of Federal Regulations), and no swap counterparty or other person sponsoring or arranging a risk-transfer transaction shall be considered to be a commodity pool operator (as such term is defined in section 1.3(cc) of such title), solely by virtue of entering into or sponsoring or arranging such a swap in connection with such transaction.''. (c) Conforming Amendments to Existing Laws.-- (1) Investment company act of 1940.--Section 3(c)(5) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(5)) is amended by inserting before the period the following: ``, including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are a risk- transfer transaction (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992)''. (2) Asset and income test clarification for enterprise risk-transfer transactions.--The Internal Revenue Code of 1986 is amended-- (A) in subparagraph (B) of section 856(c)(3) (26 U.S.C. 856(c)(3)(B)), by inserting before the semicolon at the end the following ``, and gross income resulting from participation in any transaction, including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are risk-transfer transactions (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992)''; and (B) in subparagraph (B) of section 856(c)(5) (26 U.S.C. 856(c)(5)(B)), by inserting before the period at the end of the first sentence the following: ``, and participation in any transaction, including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are risk-transfer transactions (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992)''. SEC. 3. PILOT PROGRAM FOR SMALL LENDER RISK TRANSFER. Not later than one year after the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall require each enterprise to establish a pilot program under which the enterprise shall annually engage, for each of the next 5 consecutive years, in at least one front-end risk sharing transaction for which both bank and non-bank mortgage originators having under $10,000,000,000 in assets are eligible participants. SEC. 4. PILOT PROGRAM FOR MORTGAGE INSURANCE RISK TRANSFER. (a) In General.--Not later than one year after the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall require the enterprises jointly to establish a pilot program to increase the amount of risk that is transferred by the enterprises using private mortgage insurance. (b) Program Requirements.--The pilot program established pursuant to subsection (a) shall meet the following requirements: (1) Duration.--The pilot program shall have a duration of 5 years. (2) Amount of mortgage purchases.-- (A) In general.--Except as provided in subparagraph (B), in each year the enterprises shall purchase under the pilot program sufficient qualifying loans or pools of qualifying loans such that the aggregate unpaid principal balance of all qualifying loans or loan pools purchased or issued by both enterprises is not less than $50,000,000,000. (B) Exception.--The amount of qualifying loans that the enterprises are required to purchase each year under paragraph (1) may be reduced if the Director and the Secretary of the Treasury jointly-- (i) make a determination that such a reduction is necessary to prevent an adverse impact to the housing market; and (ii) submit to the Congress a report describing the justification for the determination referred to in clause (i). (3) Selection of mortgage insurance.--For each transaction under the pilot program involving a qualifying loan, the loan originator shall select an eligible mortgage insurance provider or providers, consistent with existing market practice. (4) Mortgage insurance premiums.--Mortgage insurance premiums applicable to qualifying loans purchased by the enterprises under the pilot program shall be subject to requirements and limitations under State laws. (5) Guarantee fees.--The enterprises shall set and publish guarantee fees, including up-front delivery fees and loan level price adjustments, commensurate with the enterprises' reduced credit risk resulting from any new risk-transfer transaction under the pilot program. (c) Report.--Not later than the conclusion of the fifth year of the pilot program, the Director shall submit a report to the Congress that assesses the extent to which the pilot program under this section has-- (1) transferred credit risk from the Federal Government to the private sector; (2) resulted in reduced guarantee fees for mortgage originators; and (3) produced benefits or costs for borrowers under qualifying loans under the program. (d) Extension of Program.--Based on the assessments in the report required under subsection (c), the Director may extend the program beyond its fifth year of operation if the Director determines that such extension would be in the public interest. (e) Mitigating Counterparty Risk.--Nothing in this section shall prevent the Director from establishing additional requirements on participants in the pilot program necessary to mitigate counterparty risk to the enterprises comparably with other credit risk-transfer structures. (f) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Eligible mortgage insurance provider.--The term ``eligible mortgage insurance provider'' means a company that-- (A) is regulated as a mortgage guaranty insurance company by its State of domicile; (B) provides qualifying mortgage insurance; and (C) satisfies-- (i)(I) minimum requirements established or recognized by the Director, pursuant to public notice and comment, with respect to capital, leverage, and reserve requirements, or (II) Private Mortgage Insurer Eligibility Requirements published by the enterprises on April 17, 2015; and (ii) any additional requirements added by subsection (e) of this section. (3) Enterprise.--The term ``enterprise'' has the meaning given such term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (4) Qualifying loan.--The term ``qualifying loan'' means a first mortgage loan that-- (A) is secured by a one-to-four family residence; and (B) is subject to qualifying mortgage insurance. (5) Qualifying mortgage insurance.--The term ``qualifying mortgage insurance'' means, with respect to a qualifying loan, primary mortgage guaranty insurance for such qualifying loan that-- (A) is placed at the time the qualifying loan is originated; (B) guarantees or insures that portion of the unpaid principal balance of the qualifying loan that is in excess of 50 percent of the value of the property securing the mortgage; and (C) is provided by an eligible mortgage insurance provider.

Taxpayer Protections and Market Access for Mortgage Finance Act of 2016 This bill amends the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to direct the Federal Housing Finance Agency (FHFA) to establish guidelines to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to engage in significant and increasing credit risk transfer transactions. A "risk transfer transaction" provides for: (1) the sale, disposition, retention, or transfer within the private sector of credit risk on any single-family residential mortgage loan or a pool of such loans that back securities on which the enterprise guarantees the timely payment of principal and interest; or (2) the retention by the private sector of any such credit risk in connection with the sale of any such loan or security to an enterprise. The enterprises may set and publish guarantee fees commensurate with the reduced credit risk resulting from any new risk transfer transactions. The bill exempts certain swaps entered into for the purpose of transferring or sharing credit risk in connection with a risk transfer transaction from the Commodity Exchange Act. The FHFA must also require Fannie Mae and Freddie Mac to: (1) establish a five-year pilot program under which each enterprise must annually engage in at least one front-end (before or simultaneous with the acquisition of the loan or security by the enterprise) risk sharing transaction for which both bank and non-bank mortgage originators having under $10 billion in assets are eligible participants, and (2) jointly establish a pilot program to increase the amount of risk that is transferred by the enterprises using private mortgage insurance.

Taxpayer Protections and Market Access for Mortgage Finance Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Better Health Centers Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many health care experts believe that Americans' lack of access to basic health services is our single most pressing health care problem. Nearly 50,000,000 Americans do not have access to a primary care provider, whether they are insured or not. In addition, 43,000,000 Americans lack health insurance and have difficulty accessing care due to the inability to pay. (2) Health centers, including community health centers, migrant health centers, health centers for the homeless, and public housing health centers, address the health care access problem by providing primary care services in thousands of rural and urban medically-underserved communities throughout the United States. (3) Health centers provide basic health care services to more than 11,000,000 Americans, at least 7,000,000 minorities, more than 600,000 farmworkers, and at least 600,000 homeless individuals each year. (4) Studies show that health centers provide high-quality and cost-effective health care. The average yearly cost for a health center patient is less than $1 per day. (5) One of the most effective ways to address America's health care access problem is by dramatically expanding access to health centers, as both the Senate and the President have proposed. (6) Many existing health centers operate in facilities that desperately need renovation or modernization. Thirty percent of health centers are located in buildings that are more than 30 years old, with 12 percent of such centers operating of facilities that are more than 50 years old. In a recent survey of health centers in 11 States, \2/3\ of those centers identified a need to improve, expand, or replace their current facility. An extrapolation based on this survey indicates there may be as much as $1,200,000,000 in unmet capital needs in our nation's health centers. (7) Dramatically increasing access to health centers requires building new facilities in communities that have access problems and lack a health center right now. (8) Health centers often do not have the means to pay for capital improvements or new facilities. While most health centers raise some funds through private donations, it is difficult to raise sufficient amounts for capital needs without a middle- and upper-class donor base similar to other nonprofit organizations like universities and hospitals. (9) Health centers also have a limited ability to support loan payments. Due to an increasing number of uninsured patients and the fact that many health care reimbursements are less than the cost of care, health centers rarely have more than minimal positive operating margins. Yet banks are rarely willing to take risks on nonprofit organizations without these positive margins. (10) While the Federal government currently provides grants to health centers to assist with operational expenses used to provide care to a medically-underserved population, it does not have the authority to provide grants to assist health centers meet capital needs such as new facilities or renovation. (11) To assist health centers with their mission of providing health care to the medically underserved, the Federal government should supplement local efforts to meet health centers' capital needs. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Section 330 of the Public Health Service Act (42 U.S.C. 2546) is amended by adding at the end the following: ``(r) Health Care Facility Grants and Loan Guarantees.-- ``(1) Program authorized.-- ``(A) In general.--The Secretary may award grants to eligible health centers to pay for the costs described in subparagraph (C). ``(B) Eligible health centers.--The term `eligible health center' means any health center that is receiving a grant under subsections (c)(1)(A), (e), (f), (g), (h), or (i) on or after the date of enactment of this subsection. ``(C) Limitation.-- ``(i) In general.--A grant awarded under subparagraph (A) to expand or replace an existing facility or construct a new facility shall not exceed 75 percent of the total cost of the project (including interest payments) proposed by the eligible health center. ``(ii) Exception.--Clause (i) shall not apply if the total cost of the project proposed by the eligible health center is less than $750,000, or the Secretary waives the limitation described such clause upon a showing of good cause. ``(D) Use of funds.--An eligible health center that receives a grant under subparagraph (A) shall use funds received through such grant to-- ``(i) acquire, lease, modernize, expand and replace existing facilities; ``(ii) construct new facilities; and ``(iii) purchase or lease equipment (including paying the costs of amortizing the principal of, and paying the interest on, leans for facilities and equipment) to support or further the operation of such center. ``(2) Facility loan guarantees.-- ``(A) In general.--The Secretary shall establish a program under which the Secretary may guarantee 100 percent of the principal and interest on loans made by non-Federal lenders to health centers to pay for the costs of acquiring, leasing, modernizing, expanding, or replacing existing facilities, constructing new facilities, or purchasing or leasing equipment, or refinancing loans made for any of the purposes listed above. Any loan guarantee issued pursuant to this paragraph shall not be deemed a Federal subsidy for any other purpose. ``(B) Definitions.--In this section: ``(i) Facilities.--The term `facilities' means a building or buildings used by a health center, in whole or in part, to provide services permitted under this section and for such other purposes as are not specifically prohibited under this section as long as such use furthers the objectives of the health center. ``(ii) Non-Federal lender.--The term `non- Federal lender' means any entity other than an agency or instrumentality of the Federal government authorized by law to make such loan, including a Federally-insured bank, a lending institution authorized or licensed by the State in which it resides to make such loans, and a State or municipal bonding authority or such authority's designee. ``(C) Protection of financial interests.--The Secretary may not approve a loan guarantee under this paragraph unless the Secretary determines that-- ``(i) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such percent per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, except that the Secretary may not require as security any center asset that is, or may be, needed by the center or centers involved to provide health services; ``(ii) the loan would not be available on reasonable terms and conditions without the guarantee under this paragraph; and ``(iii) amounts appropriated for the program under this paragraph are sufficient to provide loan guarantees under this paragraph. ``(D) Recovery of payments.-- ``(i) In general.--The United States shall be entitled to recover from the applicant for a loan guarantee under this paragraph the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery (subject to appropriations remaining available to permit such a waiver) and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. Amounts recovered under this clause shall be credited as reimbursements to the financing account of the program. ``(ii) Modification of terms and conditions.--To the extent permitted by clause (iii) and subject to the requirements of section 504(e) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(e)), any terms and conditions applicable to a loan guarantee under this paragraph (including terms and conditions imposed under clause (iv)) may be modified or waived by the Secretary to the extent the Secretary determines it to be consistent with the financial interest of the United States. ``(iii) Incontestability.--Any loan guarantee made by the Secretary under this paragraph shall be incontestable-- ``(I) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee; and ``(II) as to any person (or successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan. ``(iv) Further terms and conditions.-- Guarantees of loans under this paragraph shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this paragraph will be achieved. ``(E) Defaults.-- ``(i) In general.--Subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary may take such action as may be necessary to prevent a default on a loan guaranteed under this paragraph, including the waiver of regulatory conditions, deferral of loan payments, renegotiation of loans, and the expenditure of funds for technical and consultative assistance, for the temporary payment of the interest and principal on such a loan, and for other purposes. Any such expenditure made under the preceding sentence on behalf of a health center or centers shall be made under such terms and conditions as the Secretary shall prescribe, including the implementation of such organizational, operational, and financial reforms as the Secretary determines are appropriate and the disclosure of such financial or other information as the Secretary may require to determine the extent of the implementation of such reforms. ``(ii) Foreclosure.--The Secretary may take such action, consistent with State law respecting foreclosure procedures and, with respect to reserves required for furnishing services on a prepaid basis, subject to the consent of the affected States, as the Secretary determines appropriate to protect the interest of the United States in the event of a default on a loan guaranteed under this paragraph, except that the Secretary may only foreclose on assets offered as security (if any) in accordance with subparagraph (C). ``(3) Evaluation.--Not later than 3 years after the date of enactment of this subsection, the Secretary shall prepare a report containing an evaluation of the programs established by this subsection. Such report shall include recommendations on how this subsection can be improved to better help health centers meet capital needs in order to expand Americans' access to health care. ``(4) Limitation.--For the purpose of carrying out this subsection, the Secretary shall use no more than 5 percent of any funds appropriated pursuant to subsection (l).''.

Building Better Health Centers Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to provide loan guarantees or make grants to eligible health centers for expansion, new construction, or equipment purchase or lease.

A bill entitled the "Building Better Health Centers Act of 2001".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Museum of the American Latino Community Act of 2006''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of the American Latino Community (referred to in this Act as the ``Commission''). (b) Membership.--The Commission shall consist of 23 members appointed not later than 6 months after the date of the enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications.--Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either-- (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with-- (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the postsecondary level; (D) experience in studying the issue of the Smithsonian Institution's representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. SEC. 3. FUNCTIONS OF THE COMMISSION. (a) Plan of Action for Establishment and Maintenance of Museum.-- The Commission shall submit a report to the President and Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, DC (referred to in this Act as the ``Museum''). (b) Fundraising Plan.--The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on Issues.--The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum in Washington, DC and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts. (4) Whether the Museum should be located within the Smithsonian Institution. (5) The governance and organizational structure from which the Museum should operate. (6) How to engage the American Latino community in the development and design of the Museum. (d) Legislation to Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum. (e) National Conference.--In carrying out its functions under this section, the Commission shall convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 9 months after the date of enactment of this Act. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Facilities and Support of Secretary of the Interior.--The Secretary of the Interior shall provide the administrative services, facilities, and funds necessary for the performance of the Commission's functions. (b) Compensation.--Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior. (c) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION. (a) Deadline.--The Commission shall submit final versions of the reports, plans, and recommendations required under section 3 not later than 18 months after the date of enactment of this Act. (b) Termination.--The Commission shall terminate not later than 30 days after submitting the final versions of reports, plans, and recommendations pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for fiscal year 2007 and $1,100,000 for fiscal year 2008.

Commission to Study the Potential Creation of a National Museum of the American Latino Community Act of 2006 - Establishes the Commission to Study the Potential Creation of a National Museum of the American Latino Community to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, D.C.

A bill to establish the Commission to Study the Potential Creation of a National Museum of the American Latino Community, to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, DC, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Towing Safety Act''. SEC. 2. INSPECTION OF TOWING VESSELS. (a) In General.--Section 3301 of title 46, United States Code, is amended by adding at the end the following: ``(14) towing vessels.''. (b) Exception.--Section 3302 of title 46, United States Code, is amended by adding at the end the following: ``(n) A towing vessel is not subject to inspection under section 3301(14) of this title if the vessel-- ``(1) is used only for towing disabled vessels; or ``(2) is not used to pull, push, or haul alongside a barge that is subject to inspection under section 3301 of this title.''. (c) Equipment Requirements.--Section 3306 of title 46, United States Code, is amended by adding at the end the following: ``(h) In prescribing regulations for towing vessels, the Secretary shall-- ``(1) consider the characteristics, methods of operation, and nature of the service of towing vessels; ``(2) consult with the Towing Safety Advisory Committee; and ``(3) require, to the extent appropriate, the installation, maintenance, and use of the following equipment on each towing vessel, other than a towing vessel that is used only for towing disabled vessels: ``(A) A radar system. ``(B) An electronic position-fixing device. ``(C) Adequate communications equipment. ``(D) A sonic depth finder. ``(E) A compass or swing meter. ``(F) Adequate towing equipment. ``(G) Up-to-date navigational charts and publications for the areas normally transited by the vessel. ``(H) Other equipment the Secretary determines will minimize the risk of injury to the crew or the risk of a vessel or barge casualty.''. (d) Regulations.--The Secretary of Transportation shall prescribe regulations implementing this section within 1 year after the date of enactment of this Act. SEC. 3. MANNING OF TOWING VESSELS. (a) Licensed Masters and Mates.-- (1) Minimum number of licensed individuals.--Section 8301(a) of title 46, United States Code, is amended in the material preceding paragraph (1) by inserting ``passenger'' before ``vessel'' the first place that it appears. (2) License and certification classification and conditions.--Section 7101 of title 46, United States Code, is amended-- (A) in subsection (b)(2)(A), by striking ``and'', and by inserting ``, barge tonnage, and barge number or configuration'' after ``vessels''; and (B) by adding at the end the following new subsections: ``(j) An individual may be issued a license as a master or mate of towing vessels only if the individual-- ``(1) demonstrates proficiency in the use of the equipment listed in section 3306(h)(3) of this title; and ``(2) demonstrates proficiency in operating a towing vessel or has successfully completed a Coast Guard-approved towing vessel simulator course. ``(k) The Secretary may not issue a license under this section to an individual who has failed an examination, or any portion thereof, for that license 3 consecutive times.''. (3) Conforming amendment.--Section 8904 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``A vessel that is used only for towing disabled vessels for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.''. (4) Regulations.--In prescribing regulations implementing this subsection, the Secretary of Transportation shall use the requirements for an operator uninspected towing vessel license as the minimum requirements for the towing vessel master license required by this subsection, and the requirements for a second class operator uninspected towing vessel license as the minimum requirements for the towing vessel mate license required by this subsection, as those requirements are set forth in part 10.464 of title 46, Code of Federal Regulations. (5) Existing license.-- (A) Treated as towing vessel license.--A license described in subparagraph (B)(i) or (ii) that is valid on the effective date of this section shall be treated as a master or mate license, respectively, required for towing vessels by the amendments made by this subsection until such license is required to be renewed under section 7106 of title 46, United States Code. (B) Licenses described.--The licenses referred to in subparagraph (A) are the following: (i) Operator uninspected towing vessel. (ii) Second class operator uninspected towing vessel. (b) Merchant Mariners' Documents Required.-- (1) Requirement.--Section 8701(a) of title 46, United States Code, is amended-- (A) by striking ``100'' and inserting ``5''; (B) in paragraph (1), by striking ``a vessel operating only on rivers and lakes (except the Great Lakes);'' and inserting ``a small passenger vessel, or an uninspected passenger vessel;''; (C) by striking paragraph (2), and redesignating the subsequent paragraphs accordingly; and (D) in paragraph (6) (as so redesignated) by striking ``clause (6)'' and inserting ``paragraph (5)''. (2) Exceptions.--Section 8701(b) of title 46, United States Code, is amended-- (A) by striking ``A person'' and inserting ``(1) Except as provided in paragraphs (2) and (3), a person''; and (B) by adding at the end the following: ``(2) The Secretary shall prescribe regulations which exempt employment categories on vessels from the requirements of paragraph (1). The regulations may exempt an employment category only if the responsibilities of an individual employed in the category do not relate directly to the safe operation of the vessel. ``(3) A person may engage or employ an individual who does not have a merchant mariner's document, and such an individual may serve, on a vessel in the 60-day period beginning on the first date the individual is employed by that company in an employment category for which any merchant mariner's document is required.''. (c) Crew Requirements.-- (1) Able seamen required.--Section 8702 of title 46, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1) by inserting ``passenger'' before ``vessel''; and (ii) by striking paragraph (2), and redesignating paragraphs (3) through (7) in order as paragraphs (2) through (6), respectively; and (B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (2) Classification.--Section 7306(b) of title 46, United States Code, is amended by adding at the end the following: ``(7) able seaman--towing vessel.''. (3) Rating requirement.--Chapter 73 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 7311b. Able seamen--towing vessels ``For service on a towing vessel, an individual may be rated as able seaman--towing vessels if the individual has at least 18 months' service on deck on board towing vessels operated on the navigable waters of the United States (including the Great Lakes).''. (4) Clerical amendment.--The analysis at the beginning of chapter 73 of title 46, United States Code, is amended by inserting after the item 7311a the following: ``7311b. Able seamen--towing vessel.''. (d) Effective Date.--This section, other than subsection (e), shall become effective one year after the date of enactment of this Act. (e) Regulations.--The Secretary of Transportation shall issue regulations implementing this section by not later than 1 year after the date of enactment of this Act. SEC. 4. VESSEL CASUALTIES. (a) Expedited Reporting Required.--Section 6101(b) of title 46, United States Code, is amended by striking ``within 5 days'' and inserting ``by as soon as practicable, but in no case later than within 5 days,''. (b) Penalty for Failure To Report a Casualty.--Section 6103(a) of title 46, United States Code is amended by striking ``$1,000'' and inserting ``$25,000''. (c) Presumption.--Section 2304 of title 46, United States Code, is amended-- (1) in subsection (a) by inserting ``(1)'' after ``(a)''; (2) by redesignating subsection (b) as paragraph (2) of subsection (a); and (3) by adding at the end the following: ``(b) A master or individual in charge of a vessel who unreasonably fails to provide assistance in accordance with subsection (a)(1) to an individual in danger of being lost as a result of a collision between 2 or more vessels is deemed, for purposes of any action for damages that arises out of the collision, unless proven to the contrary, to have caused the collision by wrongful act, neglect, or default.''.

Towing Safety Act - Amends Federal law to subject towing vessels to certain safety inspection requirements. Exempts a vessel from such requirements if it is: (1) used for towing disabled vessels; or (2) not used to pull, push, or haul alongside a barge that is subject to inspection. Requires the Secretary of Transportation (Secretary) to prescribe regulations requiring the installation of certain navigational and safety equipment on towing vessels. (Sec. 3) Requires certain passenger vessels subject to inspection to maintain a minimum number of licensed masters and mates. Authorizes the Secretary to classify merchant seamen licenses and certificates of registry based on, among other factors, barge tonnage, and barge number or configuration. Authorizes the issuance of a license as a master or mate of a towing vessel only to an individual who has demonstrated proficiency in: (1) using certain navigational and safety equipment; and (2) operating such vessel, or has completed a Coast Guard-approved towing vessel simulator course. Sets forth conforming licensing requirements. Requires individuals employed on merchant vessels of at least five (currently, 100) gross tons to have a a merchant mariner's document authorizing service in the capacity for which the individual is employed. Exempts from such licensing requirements individuals employed on small passenger vessels or uninspected passenger vessels. Directs the Secretary to prescribe regulations which exempt employment categories from such licensing requirements. Authorizes: (1) such regulations to exempt an employment category from such licensing requirements only if the responsibilities of such employed individual do not relate to the safe operation of a merchant vessel; and (2) the employment of unlicensed individuals upon such vessel for a 60-day period. Requires a specified percentage of the new crew employed on passenger vessels of at least 100 gross tons to be able seamen. Includes "able seaman-towing vessel" as a classification authorized for endorsement as able seamen. Declares that an individual may be rated as "able seaman-towing vessel" if he has at least 18 months' service on deck on board towing vessels operating in U.S. navigable waters, including the Great Lakes. (Sec. 4) Requires marine casualties to be reported as soon as practicable, but in no case later than within five days. (Currently, within five days.) Increases penalties for an individual in charge of a vessel for failing to report a casualty. Creates a presumption of liability for individuals in charge of a vessel who unreasonably fail to provide assistance to an individual in danger of being lost as a result of a collision between two or more vessels.

Towing Safety Act

SECTION 1. CONVEYANCE OF REAL PROPERTY IN HOUSTON, TEXAS. (a) Authority To Convey.--The Administrator of General Services shall convey, at the market value determined under subsection (b), to the Military Museum of Texas all right, title, and interest of the United States in and to the parcel of real property located at 8611 Wallisville Road in Houston, Texas, as described in subsection (c). (b) Determination of Market Value.--For purposes of subsection (a), the market value of the real property shall be determined by an independent appraisal based on the current use of the property. The appraisal shall be commissioned by the Administrator and paid for by the Military Museum of Texas. (c) Property Description.--The real property to be conveyed is the 3.673 acres of land in Lot 3 of Moers Subdivision in the W.M. Black Survey, Abstract 114, Harris County, Texas, more particularly described as follows: (1) Beginning at an iron rod located at the intersection of the north line of Wallisville Road presently being 100' wide with the southeast line of U.S. Highway 90 presently being 150' in width. (2) Thence north 38\o\13' east 1068.61' along the southeast line of U.S. Highway 90 to an iron rod for the point of beginning. (3) Thence south 01\o\15'43'' east 713.5' along a fence to a galvanized iron fence corner in the north line of Wallisville Road. (4) Thence south 79\o\26' west, 408' more or less parallel to the east boundary line to a point in the southeast line of U.S. Highway 90. (5) Thence north 38\o\13' east 460' more or less along the southeast line of U.S. Highway 90 to the point of beginning. (d) Structures and Improvements.--The conveyance shall include the improvements, structures, and fixtures located on the real property conveyed and related personal property. (e) Use Restriction.-- (1) In general.--As a condition of the conveyance, the Military Museum of Texas shall use and maintain the real property conveyed, for a minimum period of 30 years, in a manner consistent with the use of the property at the time of the conveyance. (2) Use restriction.--Except as provided by paragraph (3), if the real property conveyed ceases to be used or maintained as required by paragraph (1), all or any portion of the property shall, in its then existing condition and at the option of the Administrator, revert to the United States. (3) Abrogation of use restriction.-- (A) In general.--The Military Museum of Texas may seek abrogation of the use restriction set forth in paragraph (2) by obtaining the advance written consent of the Administrator, and by payment to the United States of the fair market value of the real property to be released from the restriction. (B) Determination of fair market value.--For purposes of subparagraph (A), the fair market value of the real property shall be determined by an independent appraisal based on the highest and best use of the property as of the effective date of the abrogation. The appraisal shall be commissioned by the Administrator and paid for by the Military Museum of Texas. (f) Compliance.-- (1) Reports.--As a condition of the conveyance, the Military Museum of Texas shall submit to the Administrator, not later than one year after the date of the conveyance and annually thereafter for a period of 30 years, a report on the Military Museum's use and maintenance of the real property conveyed, and any other reports required by the Administrator to evidence the Military Museum's continuous use of the property in accordance with subsection (d). (2) Inspections.--Not later than one year after the date of conveyance and every 5 years thereafter for a period of 30 years, the Administrator shall conduct inspections of the real property conveyed to confirm information provided in the reports submitted under paragraph (1). (g) Additional Terms and Conditions.--The Administrator may require the conveyance to be subject to such additional terms and conditions as the Administrator considers appropriate and necessary to protect the interests of the United States. (h) Costs of Conveyance.--The Military Museum of Texas shall be responsible for all reasonable and necessary costs associated with the conveyance, including real estate transaction and environmental documentation costs. (i) Relationship to Environmental Law.--Nothing in this section may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Administrator of General Services (GSA) to convey, at a specified market value, to the Military Museum of Texas all U.S. right, title, and interest in and to a certain parcel of real property located at 8611 Wallisville Road in Houston, Texas. Requires an independent appraisal of the market value of the real property, to be paid for by the Military Museum. Requires the conveyance to include improvements, structures, and fixtures located on the conveyed real property and related personal property. Directs the Military Museum to use and maintain the conveyed property, for a minimum period of 30 years, in a manner consistent with the use of it at the time it is conveyed. Reverts, at the option of the Administrator, all or any portion of the conveyed property in its then existing condition to the United States if it ceases to be used or maintained as described above. Permits the Military Museum to seek abrogation of such use restriction by obtaining advance written consent of the Administrator and by payment of the fair market value of the property to be released. Requires the Military Museum to submit annual reports, for a period of 30 years, on the Military Museum's use and maintenance of the conveyed property and any other reports required by the Administrator to evidence the Museum's continuous use of such property. Requires the Administrator to conduct inspections on the conveyed property to confirm the information provided in such reports every 5 years for a period of 30 years. Makes the Military Museum responsible for all reasonable and necessary costs associated with the conveyance, including real estate transaction and environmental documentation costs. Bars anything in this Act being construed to affect or limit the application of or obligation to comply with any environmental law, including requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) with regard to the sale or other transfer of U.S. owned real property on which any hazardous substance was stored for one year or more, known to have been released, or disposed of.

To direct the Administrator of General Services to convey a parcel of real property in Houston, Texas, to the Military Museum of Texas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Pollution Program Enhancements Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) NAPA study--The term ``NAPA Study'' means the study required to be carried out under section 4(b). (3) NAS study.--The term ``NAS Study'' means the study required to be carried out under section 4(a). SEC. 3. FUNDING FOR WATER POLLUTION CONTROL MEASURES. (a) State Grants.--Section 106 of the Federal Water Pollution Control Act (33 U.S.C. 1256) is amending by striking subsection (a) and inserting the following: ``(a) Funding.-- ``(1) In general.--There are authorized to be appropriated $250,000,000 for each of fiscal years 2001 through 2007, to remain available until expended, for grants to States and interstate agencies to be used in carrying out this section, including-- ``(A) the administration of programs for the prevention, reduction, and elimination of pollutants; and ``(B) enforcement carried out directly or through appropriate State law enforcement officers and agencies. ``(2) State activities.--Of the amount authorized under paragraph (1) for any fiscal year, $50,000,000 shall be made available to States for-- ``(A) the collection of reliable monitoring data; ``(B) the improvement of lists prepared under section 303(d)(1); ``(C) the preparation of total maximum daily load allocations under section 303(d); and ``(D) the development of watershed management strategies. (b) Nonpoint Source Management Programs.--Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329) is amended by striking subsection (j) and inserting the following: ``(j) Authorization of Appropriations.-- ``(1) In general.--Subject to paragraphs (2) and (3), there is authorized to be appropriated to carry out subsections (h) and (i) $500,000,000 for each of fiscal years 2001 through 2007, to remain available until expended. ``(2) Groundwater quality.--Of the amount authorized under paragraph (1) for any fiscal year, not more than $7,500,000 may be made available to carry out subsection (i). ``(3) Project grants.-- ``(A) In general.--Of the amount authorized under paragraph (1) for any fiscal year, $200,000,000 shall be made available to States to provide grants to landowners to develop and implement nonpoint source pollution control projects or activities to restore or improve the water quality of impaired water that has been identified by a State as a priority for restoration. ``(B) Cost sharing.-- ``(i) Federal share.--The Federal share of the costs of any project or activity funded under this paragraph shall not exceed 90 percent. ``(ii) Non-federal share.--The recipient of a grant under this paragraph may use funds from other Federal programs and eligible in-kind contributions to satisfy the non-Federal share. ``(C) Limitation.--Grants under this paragraph shall not be made available for projects or activities that are required to be carried out under Federal or State law.''. SEC. 4. REPORTS TO CONGRESS. (a) National Academy of Sciences Study.-- (1) In general.--The Administrator shall contract with the National Academy of Sciences to conduct a study of-- (A) the scientific basis underlying the development and implementation of total maximum daily loads under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (B) the availability and effectiveness of alternative programs or mechanisms in producing quantifiable reductions of pollution from point sources and non point sources to achieve water quality standards. (2) Submission of nas study to congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure Committee of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of the NAS Study. (3) Authorization of appropriations.--There is authorized to be appropriated to carry out the LAS Study $2,000,000, to remain available until expended. (b) National Academy of Public Administrators Study.-- (1) In general.--The Administrator shall contract with the National Academy of Public Administrators to conduct a study of-- (A) the effectiveness of existing voluntary and other programs, activities, and practices being implemented as of the date of enactment of this Act in producing quantifiable reductions in pollution from point sources and nonpoint sources and attaining water quality standards; and (B) the costs and benefits associated with the programs, activities, and practices described in subparagraph (A) that are incurred by State and local governments and the private sector. (2) Submission of napa study to congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of the NAPA Study. (3) Authorization of appropriations.--There is authorized to be appropriated to carry out the NAPA Study $3,000,000, to remain available until expended. Passed the Senate October 10 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

Reauthorizes appropriations for FY 2001 through 2007 for grants to States for implementation of nonpoint source pollution control management programs. Limits the amount made available from such funds for groundwater quality protection activities to advance States toward implementation of comprehensive nonpoint source pollution control programs. Makes $200 million available from such funds for States to provide grants to landowners to develop and implement nonpoint source pollution control projects to restore or improve water quality of impaired waters that have been identified as a priority for restoration. Limits the Federal share of project costs to 90 percent. Requires the Administrator of the Environmental Protection Agency to contract with the National Academy of Sciences to conduct a study on the: (1) scientific basis underlying the development and implementation of total maximum daily loads under the Act; and (2) availability and effectiveness of alternative programs or mechanisms in producing quantifiable reductions of pollution from point and nonpoint sources to achieve water quality standards. Directs the Administrator to contract with the National Academy of Public Administrators to study: (1) the effectiveness of existing voluntary and other programs in producing quantifiable reductions in pollution from such sources and attaining water quality standards; and (2) the costs and benefits associated with such programs that are incurred by State and local governments and the private sector. Requires the Administrator to submit such studies to specified congressional committees. Authorizes appropriations.

Water Pollution Program Enhancements Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Export Promotion and Job Creation Act''. SEC. 2. IMPROVED COORDINATION EXPORT PROMOTION ACTIVITIES OF FEDERAL AGENCIES. Section 2312 of the Export Enhancement Act of 1988 (relating to the Trade Promotion Coordinating Committee; 15 U.S.C. 4727) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) in making the assessments under paragraph (5), review the proposed annual budget of each agency described in paragraph (5) before the agency submits that budget to the Office of Management and Budget and the President for inclusion in the budget of the United States submitted to Congress under section 1105(a) of title 31, United States Code; and''; (2) in subsection (c)-- (A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (B) by inserting after paragraph (2) the following: ``(3) in conducting the review and developing the plan under paragraph (2), take into account recommendations from a representative number of United States exporters, in particular small businesses and medium-sized businesses, and representatives of United States workers;''; and (3) by adding at the end the following: ``(g) Executive Order and Regulations.--The President shall issue an executive order and such regulations as are necessary to provide the chairperson of the TPCC with the authority to ensure that the TPCC carries out each of its duties under subsection (b) and develops and implements the strategic plan under subsection (c). ``(h) Definition.--In this section, the term `small business' means a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632).''. SEC. 3. EFFECTIVE DEPLOYMENT OF U.S. COMMERCIAL SERVICE RESOURCES. Section 2301(c)(4) of the Export Enhancement Act of 1988 (relating to the United States and Foreign Commercial Service; 15 U.S.C. 4721(c)(4)) is amended-- (1) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (2) by striking ``(4) Foreign offices.--(A) The Secretary may'' and inserting the following: ``(4) Foreign offices.--(A)(i) The Secretary shall conduct a global assessment of overseas markets to determine those with the greatest potential for increasing United States exports, and to redeploy the Commercial Service personnel and other resources on the basis of the global assessment. ``(ii) The assessment conducted under clause (i) shall take into account recommendations from a represented number of United States exporters, in particular small- and medium-sized businesses, and representatives of United States workers. ``(iii) Not later than 6 months after the date of enactment of the American Export Promotion and Job Creation Act, the Secretary shall submit to Congress results of the global assessment conducted under clause (i) and a plan for redeployment of Commercial Service personnel and other resources on the basis of the global assessment. ``(iv) The Secretary shall conduct an assessment and redeployment described in clause (i) not less than once in every 5-year period. ``(B) The Secretary may''; and (3) in subparagraph (F), as redesignated, by striking ``is authorized, upon the request of the Secretary, to provide'' and inserting ``shall, upon the request of the Secretary, provide''. SEC. 4. STRENGTHENED U.S. COMMERCIAL DIPLOMACY IN SUPPORT OF U.S. EXPORTS. (a) Development of Plan.--Section 207(c) of the Foreign Service Act of 1980 (22 U.S.C. 3927(c)) is amended-- (1) by inserting before the period at the end the following: ``, including through the development of a plan, drafted in consultation with the ambassador to such country, the Director General of the United States and Foreign Commercial Service, and the heads of other Federal departments and agencies with export promotion programs acting through the Trade Promotion Coordinating Committee, for effective diplomacy to remove or reduce obstacles to exports of United States goods and services''; and (2) by adding at the end the following new sentence: ``The chief of mission shall, prior to implementation of the plan required under this subsection, submit to the Secretary such plan for review by the Secretary.''. (b) Assessments and Promotions.--Section 603(a) of the Foreign Service Act of 1980 (22 U.S.C. 4003(a)) is amended, in the second sentence, by inserting before ``and (with respect to'' the following: ``assessments (with respect to members of the Service with responsibilities relating to economic affairs) of the effectiveness of efforts to promote the export of United States goods and services in accordance with a commercial diplomacy plan developed pursuant to section 207(c),''. (c) Inspector General.--Section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph: ``(5) the effectiveness of commercial diplomacy relating to the promotion of exports of United States goods and services; and''.

American Export Promotion and Job Creation Act - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to review the proposed annual budget of each federal agency, before it is submitted to the Office of Management and Budget (OMB) and the President, when (as required by current law) assessing the appropriate levels and allocation of resources among such agencies in support of export promotion and export financing. Requires the governmentwide strategic plan for federal trade promotion efforts, in conducting the review of current federal programs designed to promote the sale of U.S. exports and developing a plan to bring such activities into line with specified priorities, to take into account recommendations from a representative number of U.S. exporters, particularly small business and medium-sized businesses, and representatives of U.S. workers. Directs the President to issue an executive order and necessary regulations to provide the TPCC chairperson with the authority to ensure that the TPCC carries out each of its duties and develops and implements the strategic plan. Requires the Secretary of Commerce to: (1) conduct at least once every five years a global assessment of overseas markets to determine those with the greatest potential for increasing U.S. exports, and (2) redeploy U.S. and Foreign Commercial Service personnel and other resources on the basis of that assessment. Amends the Foreign Service Act of 1980 to require each chief of mission to a foreign country to develop an approved plan for effective diplomacy to remove or reduce obstacles to exports of U.S. goods and services.

To amend the Export Enhancement Act of 1988 to further enhance the promotion of exports of United States goods and services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic Success Centers and Education Networks for Dreamers (ASCEND) Act''. SEC. 2. PROGRAMS FOR DREAMER STUDENT SUCCESS IN COMPLETING POSTSECONDARY EDUCATION. (a) Purpose.--The purpose of this section is to encourage programs that support Dreamer student success in completing postsecondary education by coordinating educational and community services to address the academic, financial, and social needs of Dreamer students. (b) Grants Authorized.-- (1) In general.--Subject to the availability of appropriations under subsection (h), the Secretary of Education shall award grants to not-for-profit institutions of higher education to develop programs to support Dreamer student success in completing postsecondary education. (2) Grant period.--A grant awarded under this section shall be awarded for a period of 4 years. (c) Use of Grants.-- (1) Required activities.--An institution of higher education receiving a grant under this section shall use such grant to carry out a program that includes-- (A) developing a team of professionals who provide services to Dreamer students and provide training to faculty on how to support Dreamer students; (B) providing a coordinator whose primary responsibility is to coordinate the program carried out under this section; and (C) establishing a plan to sustain the program after the grant period. (2) Other authorized activities.--An institution of higher education receiving a grant under this section may use such grant to carry out any of the following authorized activities with respect to Dreamer students and students described in section 212(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)) or subparagraph (A), (B), or (C) of section 237(a)(1) of such Act (8 U.S.C. 1227(a)(1)): (A) Outreach to such students. (B) Supportive instructional services for such students, which may include-- (i) personal, academic, and career counseling, as an ongoing part of the program; (ii) tutoring and academic skill-building instruction assistance, as needed; and (iii) assistance with special admissions and transfer of credit from previous postsecondary education or experience. (C) Assistance in obtaining student financial aid. (D) Assistance with applications for in-state tuition, where applicable. (E) Establishing a scholarship program modeled after Federal work-study programs. (F) Other support services and planning activities the institution determines to be necessary to ensure the success of such students in achieving educational goals. (d) Application; Selection.-- (1) Application.--To be considered for a grant under this section, an institution of higher education shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Selection considerations.-- (A) In general.--In awarding grants under this section, the Secretary shall consider-- (i) the need for a new program for Dreamer students; or (ii) the need for additional services provided by an existing program for Dreamer students. (B) Grant criteria depending on established source of funding.--The Secretary shall set criteria for grants awarded based on the differing objectives of programs for Dreamer students with, or without, an established source of funding. With respect to an institution of higher education having a program with an established source of funding at the time the application under paragraph (1) is submitted, the institution shall provide in the application an assurance that it will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State, local, and private sources for the program, and not to supplant such funds. (e) Evaluation and Accountability Plan.--The Secretary shall develop an evaluation and accountability plan for programs funded under this section to measure objectively the following: (1) The ability of the program to establish or expand services provided to Dreamer students. (2) Graduation rates of Dreamer students. (f) Online Publication of Progress Results.--The Secretary of Education shall publish progress results online. (g) Dreamer Students.--In this section, the term ``Dreamer student'' means an individual who is a beneficiary of, or eligible for, the Deferred Action for Childhood Arrivals program pursuant to the memorandum by the Secretary of Homeland Security dated June 15, 2012, or November 20, 2014. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2017 and each of the 5 succeeding fiscal years.

Academic Success Centers and Education Networks for Dreamers (ASCEND) Act This bill directs the Department of Education to award grants to not-for-profit institutions of higher education to develop programs that support Dreamer students in successfully completing postsecondary education. A "Dreamer student" is an individual who is a beneficiary of, or eligible for, the Deferred Action for Childhood Arrivals program.

Academic Success Centers and Education Networks for Dreamers (ASCEND) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Spike Relief Act of 2005''. SEC. 2. TEMPORARY 4.3-CENT REDUCTION IN CERTAIN FUEL TAX RATES. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on motor and aviation fuels) is amended by adding at the end the following new subsection: ``(f) Temporary 4.3-Cent Reduction in Certain Fuel Tax Rates.-- ``(1) In general.--During a temporary rate reduction period with respect to any taxable fuel, the rate of tax referred to in paragraph (2) otherwise applicable to such fuel shall be reduced (but not below zero) by 4.3 cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are-- ``(A) each rate of tax under subsection (a)(2)(A) (relating to gasoline and diesel fuel), ``(B) each rate of tax under paragraph (1) or (2) of section 4041(a) (relating to diesel fuel and special fuels), and ``(C) the rate of tax under section 4041(m)(1)(A) (relating to certain methanol or ethanol fuels). ``(3) Comparable treatment for compressed natural gas.--No tax shall be imposed by section 4041(a)(3) on any sale or use during a temporary rate reduction period with respect to gasoline. ``(4) Comparable treatment under certain refund rules.--In the case of fuel on which tax is imposed during a temporary rate reduction period, each of the comparable rates otherwise applicable under sections 6421(f)(3)(B)(ii), 6427(b)(2)(A), and 6427(l)(3)(B)(ii) shall be reduced (but not below zero) by 4.3 cents per gallon. ``(5) Temporary rate reduction period.--For purposes of this subsection-- ``(A) In general.--The term `temporary rate reduction period' means, with respect to any taxable fuel, any period of months (as determined by the Secretary) during which the motor fuel price index for such fuel is 10 percent greater than such index for the base month. ``(B) Base month.--The term `base month' means, with respect to any period, the last month before such period. ``(C) Motor fuel price index.--The term `motor fuel price index' means-- ``(i) Highway motor fuel.--In the case of fuel other than aviation-grade kerosene, the index comprised of the motor fuel price component of the Consumer Price Index (as defined in section 1(f)(5)). ``(ii) Aviation-grade kerosene.--In the case of aviation-grade kerosene, the index comprised of the average monthly price of such kerosene (for end users) as published by the Energy Information Administration of the Department of Energy. ``(D) Data.--The motor fuel price index for any month which is taken into account for purposes of this subsection shall be such index for the 2d preceding month. ``(6) Trust funds held harmless.--Amounts appropriated to the Highway Trust Fund and the Airport and Airways Trust Fund shall be determined as if this subsection had never been enacted.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCKS REFUNDS. (a) In General.--If-- (1) before the first day of any temporary rate reduction period, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any liquid, and (2) on such first day such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section with respect to any temporary rate reduction period unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the first day of such period, based on a request submitted to the taxpayer before the date which is 3 months after such first day, by the dealer who held the liquid on such first day, and (2) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) In general.--The terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code. (2) Temporary rate reduction period.--The term ``temporary rate reduction period'' has the meaning given to such term by section 4081(f)(5) of such Code. (e) Certain Rules to Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of taxable fuel on which tax was imposed under section 4081 of the Internal Revenue Code of 1986 during any temporary rate reduction period, and which is held on the first day after such period by any person, there is hereby imposed a floor stocks tax of 4.3 cents per gallon. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding taxable fuel on the first day after a temporary rate reduction period to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 3 months after the close of the temporary rate reduction period to which such tax relates. (c) Definitions.--For purposes of this section-- (1) Temporary rate reduction period.--The term ``temporary rate reduction period'' has the meaning given to such term by section 4081(f)(5) of such Code. (2) Held by a person.--Fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (3) Taxable fuel.--The term ``taxable fuel'' has the meaning given to such term by section 4083 of such Code. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable fuel held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the first day after any temporary rate reduction period, by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel held on such first day by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this section-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes ``more than 50 percent'' shall be substituted for ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Laws Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081.

Gas Price Spike Relief Act of 2005 - Amends the Internal Revenue Code to allow a 4.3 cents per gallon reduction in the rate of excise tax for gasoline, diesel fuel, special fuels, and certain methanol or ethanol fuels during any period of months in which the motor fuel price index is 10 percent greater than such index for the immediately preceding month (temporary rate reduction period). Allows dealers in such fuels to apply for tax refunds during a temporary rate reduction period.

To amend the Internal Revenue Code of 1986 to reduce motor fuel excise taxes during periods of high fuel prices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Family-Owned Business Act''. SEC. 2. FAMILY-OWNED BUSINESS EXCLUSION. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the lesser of-- ``(1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or ``(2) the sum of-- ``(A) $1,500,000, plus ``(B) 50 percent of the excess (if any) of the adjusted value of such interests over $1,500,000. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, ``(2) the excess of-- ``(A) the sum of-- ``(i) the adjusted value of the qualified family-owned business interests which-- ``(I) are included in determining the value of the gross estate (without regard to this section), and ``(II) are acquired by a qualified heir from, or passed to a qualified heir from, the decedent (within the meaning of section 2032A(e)(9)), plus ``(ii) the amount of the adjusted taxable gifts of such interests from the decedent to members of the decedent's family taken into account under subsection 2001(b)(1)(B), to the extent such interests are continuously held by such members between the date of the gift and the date of the decedent's death, over ``(B) the amount included in the gross estate under section 2035, exceeds 50 percent of the adjusted gross estate, and ``(3) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) such interests were owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of the business to which such interests relate. ``(c) Adjusted Gross Estate.--For purposes of this section, the term `adjusted gross estate' means the value of the gross estate (determined without regard to this section)-- ``(1) reduced by any amount deductible under section 2053(a)(4), and ``(2) increased by the excess of-- ``(A) the sum of-- ``(i) the amount taken into account under subsection (b)(2)(B)), plus ``(ii) the amount of other gifts from the decedent to the decedent's spouse (at the time of the gift) within 10 years of the date of the decedent's death, plus ``(iii) the amount of other gifts (not included under clause (i) or (ii)) from the decedent within 3 years of such date, over ``(B) the amount included in the gross estate under section 2035. ``(d) Adjusted Value of the Qualified Family-Owned Business Interests.--For purposes of this section, the adjusted value of any qualified family-owned business interest is the value of such interest for purposes of this chapter (determined without regard to this section), reduced by the excess of-- ``(1) any amount deductible under section 2053(a)(4), over ``(2) the sum of-- ``(A) any indebtedness on any qualified residence of the decedent the interest on which is deductible under section 163(h)(3), plus ``(B) any indebtedness to the extent the taxpayer establishes that the proceeds of such indebtedness were used for the payment of educational and medical expenses of the decedent, the decedent's spouse, or the decedent's dependents (within the meaning of section 152), plus ``(C) any indebtedness not described in subparagraph (A) or (B), to the extent such indebtedness does not exceed $10,000. ``(e) Qualified Family-Owned Business Interest.-- ``(1) In general.--For purposes of this section, the term `qualified family-owned business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship, or ``(B) an interest as a partner in a partnership, or stock in a corporation, carrying on a trade or business, if-- ``(i) at least-- ``(I) 50 percent of such partnership or corporation is owned (directly or indirectly) by the decedent or members of the decedent's family, ``(II) 70 percent of such partnership or corporation is so owned by 2 families (including the decedent's family), or ``(III) 90 percent of such partnership or corporation is so owned by 3 families (including the decedent's family), and ``(ii) at least 30 percent of such partnership or corporation is so owned by each family described in subclause (II) or (III) of clause (i). ``(2) Limitation.--Such term shall not include-- ``(A) any interest in a trade or business the principal place of business of which is not located in the United States, ``(B) any interest in-- ``(i) an entity which had, or ``(ii) an entity which is a member of a controlled group (as defined in section 267(f)(1)) which had, readily tradable stock or debt on an established securities market or secondary market (as defined by the Secretary) within 3 years of the date of the decedent's death, ``(C) any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)), and ``(D) that portion of an interest in a trade or business that is attributable to cash or marketable securities, or both, in excess of the reasonably expected day-to-day working capital needs of such trade or business. ``(3) Ownership rules.-- ``(A) Indirect ownership.--For purposes of determining indirect ownership under paragraph (1), rules similar to the rules of paragraphs (2) and (3) of section 447(e) shall apply. ``(B) Tiered entities.--For purposes of this section, if-- ``(i) a qualified family-owned business holds an interest in another trade or business, and ``(ii) such interest would be a qualified family-owned business interest if held directly by the family (or families) holding interests in the qualified family-owned business meeting the requirements of paragraph (1)(B), then the value of the qualified family-owned business shall include the portion attributable to the interest in the other trade or business. ``(f) Tax Treatment of Failure To Materially Participate in Business or Dispositions of Interests.-- ``(1) In general.--There is imposed an additional estate tax if, within 10 years after the date of the decedent's death and before the date of the qualified heir's death-- ``(A) the qualified heir ceases to use for the qualified use (within the meaning of section 2032A(c)(6)(B)) the qualified family-owned business interest which was acquired (or passed) from the decedent, or ``(B) the qualified heir disposes of any portion of a qualified family-owned business interest (other than by a disposition to a member of the qualified heir's family or through a qualified conservation contribution under section 170(h)). ``(2) Additional estate tax.--The amount of the additional estate tax imposed by paragraph (1) shall be equal to-- ``(A) the adjusted tax difference attributable to the qualified family-owned business interest (as determined under rules similar to the rules of section 2032A(c)(2)(B)), plus ``(B) interest on the amount determined under subparagraph (A) at the annual rate of 4 percent for the period beginning on the date the estate tax liability was due under this chapter and ending on the date such additional estate tax is due. ``(g) Other Definitions and Applicable Rules.--For purposes of this section-- ``(1) Qualified heir.--The term `qualified heir'-- ``(A) has the meaning given to such term by section 2032A(e)(1), and ``(B) includes any active employee of the trade or business to which the qualified family-owned business interest relates if such employee has been employed by such trade or business for a period of at least 10 years before the date of the decedent's death. ``(2) Member of the family.--The term `member of the family' has the meaning given to such term by section 2032A(e)(2). ``(3) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(c)(2)(D) (relating to partial dispositions). ``(D) Section 2032A(c)(3) (relating to only 1 additional tax imposed with respect to any 1 portion). ``(E) Section 2032A(c)(4) (relating to due date). ``(F) Section 2032A(c)(5) (relating to liability for tax; furnishing of bond). ``(G) Section 2032A(c)(7) (relating to no tax if use begins within 2 years; active management by eligible qualified heir treatment as material participation). ``(H) Section 2032A(e)(10) (relating to community property). ``(I) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(J) Section 2032A(f) (relating to statute of limitations). ``(K) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(L) Subparagraphs (B), (C), and (D) of section 6166(g)(1) (relating to acceleration of payment).'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Family-owned business exclusion.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1995.

American Family-Owned Business Act - Amends the Internal Revenue Code to exclude from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent.

American Family-Owned Business Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Expedite and Advance Responsible Tribal Homeownership Act'' or the ``HEARTH Act''. SEC. 2. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES. The first section of the Act titled ``An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415) is amended as follows: (1) In subsection (d)-- (A) by striking paragraph (2) and inserting the following: ``(2) the term `Indian tribe' has the meaning given such term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e));''; (B) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``Navajo Indian''; (ii) in subparagraph (A), by striking ``the Navajo Nation'' and inserting ``an Indian tribe''; (iii) in subparagraph (B), by striking ``Navajo Indians or members of another Indian tribe'' and inserting ``an Indian tribe or a member of an Indian tribe''; and (iv) in subparagraph (C)(I), by striking ``Navajo Indian'' and inserting ``member of an Indian tribe''; (C) in paragraph (4), by striking ``the Navajo Nation'' and inserting ``an applicable Indian tribe''; (D) by striking paragraph (5) and redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively; (E) in paragraph (5) (as redesignated), by striking ``the Navajo Nation'' and inserting ``an Indian tribe''; and (F) in paragraph (7) (as redesignated)-- (i) by striking ``the Navajo Nation''; and (ii) by striking ``with Navajo Nation law'' and inserting ``with applicable tribal law''. (2) In subsection (e)-- (A) by amending the subsection heading to read as follows: ``Approval of Leases--Tribal Discretion.--''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``Any leases by the Navajo Nation'' and inserting ``At the discretion of any Indian tribe, any leases by the applicable Indian tribe''; and (ii) in subparagraph (B), by striking ``Navajo Nation'' and inserting ``applicable Indian tribe''; (C) in paragraph (2), by striking ``Navajo''; (D) in paragraph (3)-- (i) by striking ``the regulations of the Navajo Nation'' and inserting ``such regulations''; and (ii) by striking ``with the Navajo Nation'' and inserting ``with the applicable Indian tribe''; (E) in paragraph (4), by striking ``Navajo Nation'' each place it appears and inserting ``applicable Indian tribe''; (F) in paragraph (5)-- (i) by striking ``paragraph (1), including the Navajo Nation.'' and inserting ``paragraph (1).''; and (ii) by striking ``to the Navajo Nation'' and inserting ``to the applicable Indian tribe''; (G) in paragraph (6)(A)-- (i) by striking ``of the Navajo Nation'' and inserting ``of the applicable Indian tribe''; and (ii) by striking ``Navajo Nation tribal'' and inserting ``tribal''; and (H) in paragraph (6)(B), by striking ``Navajo Nation'' both places it appears and inserting ``applicable Indian tribe''. SEC. 3. LAND TITLE REPORTS--REVIEW AND REPORT TO CONGRESS. Not later than 180 days after funds are made available for this section, the Bureau of Indian Affairs shall prepare and submit to the Committees on Financial Services and Natural Resources in the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Indian Affairs in the Senate a report regarding the history and experience of Indian tribes that have chosen to assume responsibility for operating the Indian Land Title and Records Office (hereafter referred to as the ``LTRO'') functions from the Bureau of Indian Affairs. In conducting the review, the Bureau of Indian Affairs shall consult with the Department of Housing and Urban Development Office of Native American Programs and those Indian tribes that are managing LTRO functions (hereafter referred to as the ``managing Indian tribes''). The review shall include an analysis of the following factors: (1) Whether and how tribal management of the LTRO functions has expedited the processing and issuance of Indian land title certifications as compared to when the Bureau of Indian Affairs managed these programs. (2) Whether and how tribal management of the LTRO functions has increased home ownership among the managing Indian tribe's population. (3) What internal preparations and processes were required of the managing Indian tribes prior to assuming management of the LTRO functions. (4) Whether tribal management of the LTRO functions resulting in a transfer of financial resources and manpower from the Bureau of Indian Affairs to the managing Indian tribes and, if so, what transfers were undertaken. (5) Whether, in appropriate circumstances and with the approval of geographically proximate Indian tribes, the LTRO functions may be performed by a single Indian tribe or a tribal consortium in a cost effective manner.

Helping Expedite and Advance Responsible Tribal Homeownership Act or the HEARTH Act - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands without the approval of the Secretary of the Interior in specified circumstances.

To amend the Act titled "An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases", approved August 9, 1955, to provide for Indian tribes to enter into certain leases without prior express approval from the Secretary of the Interior.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Research Enhancement Act''. SEC. 2. ENVIRONMENTAL PROTECTION AGENCY RESEARCH ACTIVITIES. (a) In General.--Section 6 of the Environmental Research, Development, and Demonstration Authorization Act of 1979 (42 U.S.C. 4361c) is amended by adding at the end the following: ``(e) Deputy Administrator for Science and Technology.-- ``(1) Establishment.--There is established in the Environmental Protection Agency (referred to in this section as the `Agency') the position of Deputy Administrator for Science and Technology. ``(2) Appointment.-- ``(A) In general.--The Deputy Administrator for Science and Technology shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) Consideration of recommendations.--In making an appointment under subparagraph (A), the President shall consider recommendations submitted by-- ``(i) the National Academy of Sciences; ``(ii) the National Academy of Engineering; and ``(iii) the Science Advisory Board established by section 8 of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365). ``(3) Responsibilities.-- ``(A) Oversight.--The Deputy Administrator for Science and Technology shall coordinate and oversee-- ``(i) the Office of Research and Development of the Agency (referred to in this section as the `Office'); ``(ii) the Office of Environmental Information of the Agency; ``(iii) the Science Advisory Board; ``(iv) the Science Policy Council of the Agency; and ``(v) scientific and technical activities in the regulatory program and regional offices of the Agency. ``(B) Other responsibilities.--The Deputy Administrator for Science and Technology shall-- ``(i) ensure that the most important scientific issues facing the Agency are identified and defined, including those issues embedded in major policy or regulatory proposals; ``(ii) develop and oversee an Agency-wide strategy to acquire and disseminate necessary scientific information through intramural efforts or through extramural programs involving academia, other government agencies, and the private sector in the United States and in foreign countries; ``(iii) ensure that the complex scientific outreach and communication needs of the Agency are met, including the needs-- ``(I) to reach throughout the Agency for credible science in support of regulatory office, regional office, and Agency-wide policy deliberations; and ``(II) to reach out to the broader United States and international scientific community for scientific knowledge that is relevant to Agency policy or regulatory issues; ``(iv) coordinate and oversee scientific quality-assurance and peer-review activities throughout the Agency, including activities in support of the regulatory and regional offices; ``(v) develop processes to ensure that appropriate scientific information is used in decisionmaking at all levels in the Agency; and ``(vi) ensure, and certify to the Administrator of the Agency, that the scientific and technical information used in each Agency regulatory decision and policy is-- ``(I) valid; ``(II) appropriately characterized in terms of scientific uncertainty and cross-media issues; and ``(III) appropriately applied. ``(f) Assistant Administrator for Research and Development.-- ``(1) Term of appointment.--Notwithstanding any other provision of law, the Assistant Administrator for Research and Development of the Agency shall be appointed for a term of 6 years. ``(2) Applicability.--Paragraph (1) applies to each appointment that is made on or after the date of enactment of this subsection. ``(g) Senior Research Appointments in Office of Research and Development Laboratories.-- ``(1) Establishment.--The head of the Office, in consultation with the Science Advisory Board and the Board of Scientific Counselors of the Office, shall establish a program to recruit and appoint to the laboratories of the Office senior researchers who have made distinguished achievements in environmental research. ``(2) Awards.-- ``(A) In general.--The head of the Office shall make awards to the senior researchers appointed under paragraph (1)-- ``(i) to support research in areas that are rapidly advancing and are related to the mission of the Agency; and ``(ii) to train junior researchers who demonstrate exceptional promise to conduct research in such areas. ``(B) Selection procedures.--The head of the Office shall establish procedures for the selection of the recipients of awards under this paragraph, including procedures for consultation with the Science Advisory Board and the Board of Scientific Counselors of the Office. ``(C) Duration of awards.--Awards under this paragraph shall be made for a 5-year period and may be renewed. ``(3) Placement of researchers.--Each laboratory of the Office shall have not fewer than 1 senior researcher appointed under the program established under paragraph (1). ``(4) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(h) Other Activities of Office of Research and Development.-- ``(1) Activities of the office.--The Office shall-- ``(A) make a concerted effort to give research managers of the Office a high degree of flexibility and accountability, including empowering the research managers to make decisions at the lowest appropriate management level consistent with the policy of the Agency and the strategic goals and budget priorities of the Office; ``(B) maintain, to the maximum extent practicable, an even balance between core research and problem- driven research; ``(C) develop and implement a structured strategy for encouraging, and acquiring and applying the results of, research conducted or sponsored by other Federal and State agencies, universities, and industry, both in the United States and in foreign countries; and ``(D) substantially improve the documentation and transparency of the decisionmaking processes of the Office for-- ``(i) establishing research and technical- assistance priorities; ``(ii) making intramural and extramural assignments; and ``(iii) allocating funds. ``(2) Activities of the administrator.--The Administrator of the Agency shall-- ``(A) substantially increase the efforts of the Agency-- ``(i) to disseminate actively the research products and ongoing projects of the Office; ``(ii) to explain the significance of the research products and projects; and ``(iii) to assist other persons and entities inside and outside the Agency in applying the results of the research products and projects; ``(B)(i) direct the Deputy Administrator for Science and Technology to expand the science inventory of the Agency by conducting, documenting, and publishing a more comprehensive and detailed inventory of all scientific activities conducted by Agency units outside the Office, which inventory should include information such as-- ``(I) project goals, milestones, and schedules; ``(II) principal investigators and project managers; and ``(III) allocations of staff and financial resources; and ``(ii) use the results of the inventory to ensure that activities described in clause (i) are properly coordinated through the Agency-wide science planning and budgeting process and are appropriately peer reviewed; and ``(C) change the peer-review policy of the Agency to more strictly separate the management of the development of a work product from the management of the peer review of that work product, thereby ensuring greater independence of peer reviews from the control of program managers, or the potential appearance of control by program managers, throughout the Agency.''. (b) Deputy Administrator for Policy and Management.-- (1) In general.--The position of Deputy Administrator of the Environmental Protection Agency is redesignated as the position of ``Deputy Administrator for Policy and Management of the Environmental Protection Agency''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Deputy Administrator of the Environmental Protection Agency shall be deemed to be a reference to the Deputy Administrator for Policy and Management of the Environmental Protection Agency. (c) Executive Schedule Level III.--Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Administrator of the Environmental Protection Agency and inserting the following: ``Deputy Administrator for Policy and Management of the Environmental Protection Agency. ``Deputy Administrator for Science and Technology of the Environmental Protection Agency.''.

Environmental Research Enhancement Act - Amends the Environmental Research, Development, and Demonstration Authorization Act of 1979 to establish in the Environmental Protection Agency (EPA) the position of Deputy Administrator for Science and Technology, who shall be appointed by the President with the advice and consent of the Senate. Gives the Deputy Administrator responsibility for: (1) oversight of the Office of Research and Development, the Office of Environmental Information, the Science Advisory Board, the Science Policy Council, and scientific and technical activities in the regulatory program and regional offices of the EPA; and (2) functions related to identification of scientific issues and dissemination of scientific information. Sets the term for the Assistant Administrator for Research and Development. Requires the head of the Office of Research and Development (the Office) to establish a program to make senior research appointments. Specifies the activities of the Office. Requires the EPA Administrator to: (1) substantially increase EPA efforts to disseminate, explain the significance of, and apply the results of research products and projects of the Office; (2) direct the Deputy Administrator for Science and Technology to comprehensively inventory EPA scientific activities conducted outside of the Office and to ensure proper agency-wide coordination of such activities; and (3) revise the agency's peer-review policy. Redesignates the position of EPA Deputy Administrator as Deputy Administrator for Policy and Management.

A bill to amend the Environmental Research, Development, and Demonstration Authorization Act of 1979 to establish in the Environmental Protection Agency the position of Deputy Administrator for Science and Technology..

SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Trucking Safety Act of 2007''. SEC. 2. OPERATIONS OF MEXICO-DOMICILED MOTOR CARRIERS IN THE UNITED STATES. (a) Terms and Conditions.--No Mexico-domiciled motor carrier shall be granted authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border until the Secretary of Transportation and the Secretary of Homeland Security submit to Congress a joint certification that each of the following conditions has been met: (1) The Secretary of Transportation has published in the Federal Register-- (A) a list of all Federal Motor Carrier Safety Regulations; (B) an identification for each of the regulations whether the Secretary will-- (i) require a Mexico-domiciled motor carrier, commercial motor vehicle, or driver to comply with the regulation; or (ii) be accepting compliance by the carrier, commercial motor vehicle, or driver with a Mexican statute, rule, or regulation (including commercial driver's license requirements) as the equivalent to compliance with the regulation; and (C) for each regulation for which compliance with a Mexican statute, rule, or regulation will be accepted as described in subparagraph (B)(ii), a citation to and the English translation of the Mexican statute, rule, or regulation. (2) The Secretary of Transportation has published in the Federal Register-- (A) a list of all of the enforcement tools, databases, processes, and conditions required of, and made available by law to, Federal and State motor carrier safety enforcement personnel; and (B) the results of an analysis conducted by the Secretary as to whether such tools are available to provide at least the same level of enforcement capability toward Mexico-domiciled motor carriers and their drivers as is currently applied to United States- domiciled motor carriers and their drivers. (3) The Secretary of Transportation and the Secretary of Homeland Security have implemented a plan to effectively and regularly monitor and enforce United States immigration and customs regulations that pertain to international traffic under the North American Free Trade Agreement in all areas of the United States that Mexico-domiciled motor carriers will be permitted to operate. (4) The Secretary of Transportation and the Secretary of Homeland Security have adopted penalties for anyone who arranges, facilitates, or directs a Mexico-domiciled motor carrier's pick-up and delivery of a load within the United States in violation of United States immigration and customs laws or section 365.501(b) of title 49, Code of Federal Regulations. (5) The Secretary of Homeland Security and Secretary of Transportation have published jointly in the Federal Register-- (A) a certification that the driver, criminal, and security databases used in Mexico to verify a person's identification, driving record, criminal history, and risk to homeland security are fully equivalent to those used in the United States for the same purposes; (B) documentation verifying the equivalency of the Mexican databases described in subparagraph (A); and (C) a certification that all Federal and State motor carrier enforcement personnel who will come in contact with Mexico-domiciled motor carrier drivers within the United States have the same access to the Mexican databases described in subparagraph (A) for performing checks on such drivers as they do to databases used in the United States for performing checks on United States-domiciled motor carrier drivers. (6) The Inspector General of the Department of Transportation has submitted to Congress a report that independently verifies compliance with each condition listed in section 350 of the Department of Transportation and Related Agencies Appropriations Act, 2002 (Public Law 107-87; 115 Stat. 864). (7) The Secretary of Transportation has submitted to Congress a plan to enforce the English language proficiency requirement of section 391.11(b)(2) of title 49, Code of Federal Regulations, including an identification of the enforcement actions that Federal and State law enforcement personnel will take upon a finding of noncompliance with such requirement. (b) Statutory Construction.--The requirements of this section shall be in addition to any other limitation or requirement contained in Federal law that applies to the authority of a Mexico-domiciled motor carrier to operate beyond United States municipalities and commercial zones on the United States-Mexico border.

NAFTA Trucking Safety Act of 2007 - Prohibits a Mexico-domiciled motor carrier from being granted authority to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border until one or more of the following officials as specified (the Secretaries of Transportation and of Homeland Security and the Department of Transportation Inspector General) certify to Congress that they have met conditions pertaining to: (1) the identification of federal motor carrier safety regulations and acceptance of compliance with Mexican safety regulations; (2) safety enforcement tools; (3) effective and regular monitoring and enforcement of immigration and customs regulations regarding international traffic under the North American Free Trade Agreement; (4) penalties for violation of immigration and customs laws or regulations concerning transportation by Mexico-domiciled carriers; (5) driver records databases used in Mexico; (6) compliance with conditions listed in the Department of Transportation and Related Agencies Appropriations Act, 2002 concerning cross-border trucking safety; and (7) English language proficiency requirements applicable to drivers.

To prohibit Mexico-domiciled motor carriers from operating beyond United States municipalities and commercial zones on the United States-Mexico border until certain conditions are met to ensure the safety of such operations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Estate Tax Relief Act of 2012''. SEC. 2. ESTATE, GIFT, AND GENERATION-SKIPPING TRANSFER TAX RELIEF. (a) Temporary Extension.--Section 901(a)(2) of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Modifications to Estate Tax.-- (1) Exclusion amount.--Paragraph (3) of section 2010(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) Basic exclusion amount.--For purposes of this section, the basic exclusion amount is $3,500,000.''. (2) Maximum estate tax rate.--The table in subsection (c) of section 2001 of such Code is amended by striking ``Over $500,000'' and all that follows and inserting the following: Over $500,000 but not over $750,000. $155,800, plus 37 percent of the excess of such amount over $500,000. Over $750,000 but not over $1,000,000. $248,300, plus 39 percent of the excess of such amount over $750,000. Over $1,000,000 but not over $1,250,000. $345,800, plus 41 percent of the excess of such amount over $1,000,000. Over $1,250,000 but not over $1,500,000. $448,300, plus 43 percent of the excess of such amount over $1,250,000. Over $1,500,000................ $555,800, plus 45 percent of the excess of such amount over $1,500,000.''. (c) Modifications of Estate and Gift Taxes To Reflect Differences in Credit Resulting From Different Tax Rates and Exclusion Amounts.-- (1) Changing tax rates.--Notwithstanding section 304 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 302(d) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. (2) Decreasing exclusions.-- (A) Estate tax adjustment.--Section 2001 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Adjustment To Reflect Changes in Exclusion Amount.-- ``(1) In general.--If, with respect to any gift to which subsection (b)(2) applies, the applicable exclusion amount in effect at the time of the decedent's death is less than such amount in effect at the time such gift is made by the decedent, the amount of tax computed under subsection (b) shall be reduced by the amount of tax which would have been payable under chapter 12 at the time of the gift if the applicable exclusion amount in effect at such time had been the applicable exclusion amount in effect at the time of the decedent's death and the modifications described in subsection (g) had been applicable at the time of such gifts. ``(2) Limitation.--The aggregate amount of gifts made in any calendar year to which the reduction under paragraph (1) applies shall not exceed the excess of-- ``(A) the applicable exclusion amount in effect for such calendar year, over ``(B) the applicable exclusion amount in effect at the time of the decedent's death. ``(3) Applicable exclusion amount.--The term `applicable exclusion amount' means, with respect to any period, the amount determined under section 2010(c) for such period, except that in the case of any period for which such amount includes the deceased spousal unused exclusion amount (as defined in section 2010(c)(4)), such term shall mean the basic exclusion amount (as defined under section 2010(c)(3), as in effect for such period).''. (B) Gift tax adjustment.--Section 2502 of such Code is amended by adding at the end the following new subsection: ``(d) Adjustment To Reflect Changes in Exclusion Amount.-- ``(1) In general.--If the taxpayer made a taxable gift in an applicable preceding calendar period, the amount of tax computed under subsection (a) shall be reduced by the amount of tax which would have been payable under chapter 12 for such applicable preceding calendar period if the applicable exclusion amount in effect for such preceding calendar period had been the applicable exclusion amount in effect for the calendar year for which the tax is being computed and the modifications described in subsection (g) had been applicable for such preceding calendar period. ``(2) Limitation.--The aggregate amount of gifts made in any applicable preceding calendar period to which the reduction under paragraph (1) applies shall not exceed the excess of-- ``(A) the applicable exclusion amount for such preceding calendar period, over ``(B) the applicable exclusion amount for the calendar year for which the tax is being computed. ``(3) Applicable preceding calendar year period.--The term `applicable preceding calendar year period' means any preceding calendar year period in which the applicable exclusion amount exceeded the applicable exclusion amount for the calendar year for which the tax is being computed. ``(4) Applicable exclusion amount.--The term `applicable exclusion amount' means, with respect to any period, the amount determined under section 2010(c) for such period, except that in the case of any period for which such amount includes the deceased spousal unused exclusion amount (as defined in section 2010(c)(4)), such term shall mean the basic exclusion amount (as defined under section 2010(c)(3), as in effect for such period).''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to estates of decedents dying, and generation-skipping transfers and gifts made, after December 31, 2012. (2) Extension.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. (e) Application of EGTRRA Sunset.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act shall apply to the amendments made by subsection (b). SEC. 3. TREATMENT FOR PAYGO PURPOSES. 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.

Sensible Estate Tax Relief Act of 2012 - Extends through 2013 provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 pertaining to estates, gifts, and generation-skipping transfers. Amends the Internal Revenue Code to: (1) allow a basic estate tax exclusion amount of $3.5 million, and (2) establish a maximum 45% estate tax rate. Exempts the budgetary effects of this Act from the Statutory Pay-As-You-Go Act of 2010.

To provide estate, gift, and generation-skipping transfer tax relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bovine Growth Hormone Milk Labeling and Residue Test Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Synthetic recombinant bovine growth hormone (in this section referred to as ``synthetic BGH'') is a product of genetic engineering and is the first food product of genetic engineering to be in direct widespread use in the consumer marketplace and to be ingested in significant amounts by infants and children. (2) Synthetic BGH injections in dairy cows result in a residue of synthetic BGH in the milk produced by injected cows. (3) Synthetic BGH injections of dairy cows result in increased levels of bovine insulin-like growth factor in the milk produced by injected cows. According to the American Medical Association and others, further studies are required to determine whether human ingestion of higher than normal levels of bovine insulin-like growth factor is safe. (4) Synthetic BGH injections result in a variety of health problems in injected cows, including significant increases in mastitis (an infection of the cow's udder that results in visibly abnormal milk). (5) The cow health problems resulting from synthetic BGH injections will result in a significant increased use of antibiotics in injected cows. Many of the antibiotics used to treat mastitis in dairy cows are not detected in the usual milk monitoring process. The Food and Drug Administration determined that synthetic BGH poses a ``manageable risk'' to consumers because of the increased risk of antibiotics entering the consumer milk supply. (6) Consumers are concerned about hormones and antibiotics in their food and humane treatment of animals and have shown overwhelming support for labeling of milk and milk products produced with synthetic BGH. (7) According to the Office of Management and Budget, synthetic BGH use will result in an increase in Federal budget costs of over $500,000,000 in the next 5 years and a decrease in overall dairy farm income of $1.3 billion dollars in that same period. (8) As of 1994, the European Community had a moratorium on the commercial use of synthetic BGH and the Canadian Parliament had recommended a similar moratorium. Australia and New Zealand, where one quarter of the world's milk is produced, refused to approve synthetic BGH. (9) Consumers have a right to know if the milk they consume has been produced with synthetic BGH. (10) Both States and individual companies have begun to take actions to label products produced with synthetic BGH. (11) Confusion surrounding label claims and regulations have resulted in lawsuits against States and companies who have implemented label programs. (12) There is a need for a common label to provide consumers across the country with a simple and accessible means of identifying milk produced with synthetic BGH. (13) A synthetic BGH residue test is needed to validate label claims in order to ensure consumers that the labels are truthful and not misleading. (14) A residue test is generally required when a drug is found to leave a residue in a human food product. (15) Scientific organizations, including the American Medical Association and the Consumers Union, have stated that a synthetic BGH residue test can be devised. Much of the preliminary research for a test has already been completed. Claims have been made that a test already has been successfully developed in a lab. SEC. 3. LABELING. Section 403 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following: ``(s)(1)(A) If it is milk that-- ``(i) is intended for human consumption; and ``(ii)(I) is produced by cows that have been injected with synthetic BGH; or (II) has been commingled with milk produced by such cows, unless the labeling of the milk bears the following statement: `This milk was produced by cows injected with synthetic BGH.' ``(B) If it is a milk product that is intended for human consumption and is derived from milk described in subparagraph (A), unless the labeling of the milk product bears the following statement: `This milk product was derived from milk produced by cows injected with synthetic BGH.' ``(2)(A) A person who sells synthetic BGH, purchases the hormone, distributes the hormone, or injects the hormone into a cow shall prepare and maintain records that comply with the regulations issued by the Secretary under subparagraph (B). ``(B) Not later than 30 days after the date of enactment of this paragraph, the Secretary shall issue regulations that require-- ``(i) persons who sell synthetic BGH; ``(ii) persons who purchase synthetic BGH; ``(iii) persons who distribute synthetic BGH; and ``(iv) persons who inject synthetic BGH into cows, to create and maintain records that contain the applicable information specified in subparagraph (C). ``(C) Regulations issued under subparagraph (B) shall require records to contain a description of-- ``(i) the quantity and source of the synthetic BGH obtained (by manufacture, purchase, or any other means); ``(ii) the date on which the hormone was obtained; and ``(iii) the identity of each person to whom the hormone was sold or otherwise distributed, the cows into which any portion of the hormone was injected, and each person who has an operator or ownership interest in the cows. ``(3) Not later than 30 days after the date of enactment of this paragraph, the Secretary shall issue regulations that establish-- ``(i) requirements with respect to the sale, distribution, and administration of synthetic BGH; and ``(ii) such other requirements with respect to the use of synthetic BGH as the Secretary may determine to be necessary to carry out the objectives of this Act. ``(4) As used in this paragraph-- ``(i) The term `synthetic BGH' means-- ``(I) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and ``(II) a growth hormone, intended for use in bovine animals, that has been produced through recombinant DNA techniques. ``(ii) The term `cow' means a bovine animal.''. SEC. 4. RESIDUE TEST. (a) In General.--At the earliest possible date, the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs) shall develop a scientifically valid synthetic BGH residue test to-- (1) detect the presence of the residue of synthetic BGH in milk produced from cows injected with such hormone, and (2) assure compliance with section 403(s) of the Federal Food, Drug, and Cosmetic Act. After the test is developed the Secretary shall make the test available to public health and agricultural agencies of the States and commercially available at the lowest possible cost to dairy producers and processors. (b) Definitions.--As used in subsection (a): (1) The term ``synthetic BGH'' means-- (A) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and (B) a growth hormone, intended for use in bovine animals, that has been produced through recombinant DNA techniques. (2) The term ``cow'' means a bovine animal.

Bovine Growth Hormone Milk Labeling and Residue Test Act - Amends the Federal Food, Drug, and Cosmetic Act to impose labeling requirements on milk and milk products intended for human consumption produced from cows treated with synthetic bovine growth hormone (BGH). Directs the Secretary of Agriculture to issue regulations for recordkeeping by persons who sell, purchase, distribute, or use synthetic BGH. Directs the Secretary of Health and Human Services to develop a detection test for synthetic BGH residues in milk.

Bovine Growth Hormone Milk Labeling and Residue Test Act

SECTION 1. DEFINITIONS. In this Act: (1) Commodity construction material.--The term ``commodity construction material'' means a building material (other than iron and steel) that is used in a public work or infrastructure project, including-- (A) non-ferrous metal-based products; (B) pipe, including plastics and polymer-based pipes; (C) concrete and other aggregates; (D) glass; (E) lumber; (F) drywall; and (G) insulation. (2) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (3) Deficient program.--The term ``deficient program'' means a program identified by the Comptroller General under section 2(c). (4) Infrastructure.--The term ``infrastructure'' includes, at a minimum-- (A) roads, highways, and bridges; (B) public transportation; (C) water systems, including drinking water systems, wastewater systems, and dams, ports, harbors, and other water infrastructure; (D) railroads, including passenger and freight rail; (E) freight and intermodal facilities; (F) electrical transmission facilities and systems; (G) utilities; (H) broadband infrastructure; and (I) Federal buildings and real property. (5) Produced in the united states.--The term ``produced in the United States'' means-- (A) in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (B) in the case of manufactured products, that-- (i) all manufacturing processes for the product occurred in the United States; and (ii) the cost of the components of the product that are mined, produced, or manufactured in the United States exceeds 50 of the total cost of all components of the product; and (C) in the case of commodity construction materials, that all manufacturing processes occurred in the United States. SEC. 2. INVENTORY OF FEDERAL ASSISTANCE FOR PUBLIC WORKS AND INFRASTRUCTURE. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Comptroller General shall publish a report that identifies all Federal assistance programs for public works and infrastructure administered by the Federal Government. (b) Requirements.--In issuing the report under subsection (a), the Comptroller General shall-- (1) for each program, identify whether or not a domestic content preference requirement applies, including requirements under-- (A) section 2533a of title 10, United States Code; (B) section 313 of title 23, United States Code; (C) sections 8301 through 8305 of title 41, United States Code; (D) section 5323(j) of title 49, United States Code; (E) section 24305(f) of title 49, United States Code; (F) section 50101 of title 49, United States Code; (G) section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388); (H) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3914); and (I) any other relevant Federal law (including regulations); (2) for each program, if a domestic content preference applies, provide details relating to the preference, including a description, the scope, and any exceptions; and (3) for each program, include a description of the type of infrastructure projects receiving funding under the program, including information relating to-- (A) the number of entities that are participating in the program; (B) the amount of Federal funds that are made available for the program for each fiscal year; and (C) any other information that the Comptroller General determines to be relevant. (c) List of Deficient Programs.--In issuing the report under subsection (a), the Comptroller General shall include a list of programs identified under that subsection for which a domestic content preference requirement described in subsection (b)(1) does not apply. SEC. 3. APPLICATION OF BUY AMERICA PREFERENCE. (a) In General.--Notwithstanding any other provision of law, beginning on the date on which the Comptroller General issues the report under section 2(a), funds or credit assistance made available under a deficient program may not be used for a project commencing after that date for the construction, alteration, maintenance, repair, rehabilitation, conversion, or extension of infrastructure or acquisition of equipment and vehicles relating to an infrastructure project unless all of the iron, steel, manufactured goods, and commodity construction materials used in the project are produced in the United States. (b) Exception.--Subsection (a) shall not apply in any case in which the head of the Federal department or agency involved finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, the relevant manufactured goods, and the relevant commodity construction materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, manufactured goods, and commodity construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Written Justification.--If the head of the Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. (e) Limitation.--Nothing in this Act imposes, creates, or alters any requirement for a program that is not a deficient program. SEC. 4. RULEMAKING. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations for purposes of this Act that define the term ``all manufacturing processes'' for manufactured products and commodity construction materials that are used in public works and infrastructure projects.

This bill requires the Government Accountability Office (GAO) to publish a report that identifies all federal assistance programs for public works and infrastructure administered by the federal government. For each such program, GAO shall: (1) identify whether a domestic content preference requirement applies and, if so, provide preference details; and (2) describe the type of infrastructure projects receiving funding, the number of entities that are participating, and the amount of federal funds that are made available for each fiscal year. No funds or credit assistance made available under any such program for which a domestic content preference requirement does not apply may be used for a project commencing after the GAO issues such report for the construction, alteration, maintenance, repair, rehabilitation, conversion, or extension of infrastructure or the acquisition of related equipment and vehicles unless all of the iron, steel, manufactured goods, and commodity construction materials used in the project are produced in the United States. Such prohibition shall not apply if the agency involved finds that: applying it would be inconsistent with the public interest; iron, steel, the relevant manufactured goods, and the relevant commodity construction materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or inclusion of such U.S.-produced materials will increase the cost of the overall project by more than 25%.

A bill to ensure that certain Federal public works and infrastructure projects use materials produced in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Regional Centers Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Until recently, women have been excluded from most clinical trials for treatments for cancer, heart disease, and stroke, despite the fact that women react differently from men to many treatments for these and other diseases. (2) Historically, little research money has been devoted to diseases that primarily afflict women, such as osteoporosis, breast cancer, and multiple sclerosis. (3) The American medical education system has not trained physicians and other health care professionals for women's health needs. A major barrier to change is the absence of an appropriate curriculum on women's health. Another barrier to change has been the significant underrepresentation of women in senior ranks of academic medicine. As long as this void in women leaders is allowed to continue, women's health issues will not gain the appropriate attention within the medical community. (4) The establishment of the Office of Research on Women's Health at the National Institutes of Health is vital to addressing the necessary research for diseases and health conditions that affect women. However, there is currently no means by which to translate this new research into improved physician education and patient care. (5) The Federal Government should develop regional education and treatment centers on women's health to disseminate the information made available by the National Institutes of Health and other Federal research efforts in women's health. SEC. 3. ESTABLISHMENT OF PROGRAM FOR MULTIPURPOSE REGIONAL CENTERS ON WOMEN'S HEALTH. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended by adding at the end the following section: ``SEC. 486C. MULTIPURPOSE REGIONAL CENTERS ON WOMEN'S HEALTH. ``(a) In General.--The Director of NIH, in consultation with the Director of the Office, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to carry out the activities described in subsection (c) regarding women's health conditions. ``(b) Number of Centers; Regional Considerations.--The Director of NIH shall, subject to the extent of amounts made available in appropriations Acts, provide for the development of 5 centers under subsection (a) and shall ensure, to the extent practicable, that such a center is developed in each of the principal geographic regions of the United States. ``(c) Activities of Centers.-- ``(1) In general.--With respect to women's health conditions, each center developed under subsection (a) shall-- ``(A) conduct basic research, and clinical and other applied research; ``(B) develop curricula for training health professionals and scientists; ``(C) conduct training programs for health professionals and scientists; ``(D) develop model continuing education programs for health professionals and scientists; ``(E) disseminate information to health professionals, scientists, and the public; ``(F) develop model programs for the delivery of health services to women, including, as appropriate, programs specific to particular age groups; and ``(G) in the case of women who are in the medical profession (including women attending schools of medicine), develop model programs for training the women in the skills necessary for achieving positions of leadership in such schools and in academic health centers. ``(2) Stipends regarding training; fees regarding clinical research subjects.--A center may use funds provided under subsection (a) to provide stipends for health professionals and scientists enrolled in programs described in subparagraph (C) of paragraph (1), and to provide fees to individuals serving as subjects in clinical trials conducted under such paragraph. ``(d) Coordination of Information.--The Director of NIH shall, as appropriate, provide for the coordination of information among the centers assisted under subsection (a) and among the national research institutes. ``(e) Structure of Centers.--Each center assisted under subsection (a) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of NIH. ``(f) Duration of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of NIH and if such group has recommended to the Director that such period should be extended. ``(g) Limitation on Support Per Center.--The Director of NIH may not, from amounts appropriated under subsection (h), obligate more than $15,000,000 in the aggregate for the development and operation of a center under subsection (a). ``(h) Aggregate Authorizations of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $60,000,000 in the aggregate for fiscal year 1995 and subsequent fiscal years.''.

Women's Health Regional Centers Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to carry out specified activities regarding women's health conditions. Requires the Director to provide for the development of five centers and to ensure that such a center is developed in each of the principal geographic regions of the United States. Directs each center to: (1) conduct basic, clinical, and applied research and training programs for health professionals and scientists; (2) devleop curricula and model continuing education programs for training health professionals and scientists and model programs for the delivery of health services to women; (3) disseminate information to health professionals, scientists, and the public; and (4) develop, in the case of women who are in the medical profession, model programs for training such women in the skills necessary for achieving positions of leadership in such schools and in academic health centers. Sets forth provisions regarding: (1) coordination of information; (2) structure of centers; (3) duration of support; and (4) limits on support. Authorizes appropriations.

Women's Health Regional Centers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Regulatory Reform and Business Development Act of 2000''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) despite the availability of abundant natural resources on Indian lands and a rich cultural legacy that accords great value to self-determination, self-reliance, and independence, Native Americans suffer rates of unemployment, poverty, poor health, substandard housing, and associated social ills which are greater than the rates for any other group in the United States; (2) the capacity of Indian tribes to build strong Indian tribal governments and vigorous economies is hindered by the inability of Indian tribes to engage communities that surround Indian lands and outside investors in economic activities conducted on Indian lands; (3) beginning in 1970, with the issuance by the Nixon Administration of a special message to Congress on Indian Affairs, each President has reaffirmed the special government-to-government relationship between Indian tribes and the United States; and (4) the United States has an obligation to assist Indian tribes with the creation of appropriate economic and political conditions with respect to Indian lands to-- (A) encourage investment from outside sources that do not originate with the Indian tribes; and (B) facilitate economic development on Indian lands. (b) Purposes.--The purposes of this Act are as follows: (1) To provide for a comprehensive review of the laws (including regulations) that affect investment and business decisions concerning activities conducted on Indian lands. (2) To determine the extent to which those laws unnecessarily or inappropriately impair-- (A) investment and business development on Indian lands; or (B) the financial stability and management efficiency of Indian tribal governments. (3) To establish an authority to conduct the review under paragraph (1) and report findings and recommendations that result from the review to Congress and the President. SEC. 3. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Regulatory Reform and Business Development on Indian Lands Authority. (2) Federal agency.--The term ``Federal agency'' means an agency, as that term is defined in section 551(1) of title 5, United States Code. (3) Indian.--The term ``Indian'' has the meaning given that term in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)). (4) Indian lands.-- (A) In general.--The term ``Indian lands'' includes lands under the definition of-- (i) the term ``Indian country'' under section 1151 of title 18, United States Code; or (ii) the term ``reservation'' under-- (I) section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)); or (II) section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)). (B) Former indian reservations in oklahoma.--For purposes of applying section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)) under subparagraph (A)(ii), the term ``former Indian reservations in Oklahoma'' shall be construed to include lands that are-- (i) within the jurisdictional areas of an Oklahoma Indian tribe (as determined by the Secretary of the Interior); and (ii) recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) Tribal organization.--The term ``tribal organization'' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). SEC. 4. ESTABLISHMENT OF AUTHORITY. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Interior and other officials whom the Secretary determines to be appropriate, shall establish an authority to be known as the Regulatory Reform and Business Development on Indian Lands Authority. (2) Purpose.--The Secretary shall establish the Authority under this subsection in order to facilitate the identification and subsequent removal of obstacles to investment, business development, and the creation of wealth with respect to the economies of Native American communities. (b) Membership.-- (1) In general.--The Authority established under this section shall be composed of 21 members. (2) Representatives of indian tribes.--12 members of the Authority shall be representatives of the Indian tribes from the areas of the Bureau of Indian Affairs. Each such area shall be represented by such a representative. (3) Representatives of the private sector.--No fewer than 4 members of the Authority shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector. (c) Initial Meeting.--Not later than 90 days after the date of enactment of this Act, the Authority shall hold its initial meeting. (d) Review.--Beginning on the date of the initial meeting under subsection (c), the Authority shall conduct a review of laws (including regulations) relating to investment, business, and economic development that affect investment and business decisions concerning activities conducted on Indian lands. (e) Meetings.--The Authority shall meet at the call of the chairperson. (f) Quorum.--A majority of the members of the Authority shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson.--The Authority shall select a chairperson from among its members. SEC. 5. REPORT. Not later than 1 year after the date of enactment of this Act, the Authority shall prepare and submit to the Committee on Indian Affairs of the Senate, the Committee on Resources of the House of Representatives, and to the governing body of each Indian tribe a report that includes-- (1) the findings of the Authority concerning the review conducted under section 4(d); and (2) such recommendations concerning the proposed revisions to the laws that were subject to review as the Authority determines to be appropriate. SEC. 6. POWERS OF THE AUTHORITY. (a) Hearings.--The Authority may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Authority considers advisable to carry out the duties of the Authority. (b) Information From Federal Agencies.--The Authority may secure directly from any Federal department or agency such information as the Authority considers necessary to carry out the duties of the Authority. (c) Postal Services.--The Authority may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Authority may accept, use, and dispose of gifts or donations of services or property. SEC. 7. AUTHORITY PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal members.--Members of the Authority who are not officers or employees of the Federal Government shall serve without compensation, except for travel expenses as provided under subsection (b). (2) Officers and employees of the federal government.--Members of the Authority who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Authority 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 Authority. (c) Staff.-- (1) In general.--The chairperson of the Authority may, without regard to the civil service laws, appoint and terminate such personnel as may be necessary to enable the Authority to perform its duties. (2) Procurement of temporary and intermittent services.--The chairperson of the Authority may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed under GS-13 of the General Schedule established under section 5332 of title 5, United States Code. SEC. 8. TERMINATION OF THE AUTHORITY. The Authority shall terminate 90 days after the date on which the Authority has submitted a copy of the report prepared under section 5 to the committees of Congress specified in section 5 and to the governing body of each Indian tribe. SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT. The activities of the Authority conducted under this Act shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Indian Tribal Regulatory Reform and Business Development Act of 1999 - Directs the Secretary of Commerce to establish the Regulatory Reform and Business Development on Indian Lands Authority to facilitate identifying and removing obstacles to investment, business development, and the creation of wealth with respect to Native American community economies. Requires the Authority to: (1) conduct a review of laws and regulations relating to investment, business, and economic development that affect investment and business decisions concerning activities conducted on Indian lands; and (2) report to specified congressional committees and Indian tribes review findings and recommendations for proposed revisions to laws. Authorizes appropriations.

Indian Tribal Regulatory Reform and Business Development Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Food for Healthy Lives Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an eligible hospital; or (B) an eligible organization. (2) Eligible hospital.--The term ``eligible hospital'' means-- (A) a medical center or nursing home operated by the Department of Veterans Affairs; or (B) any other nonprofit hospital or other nonprofit inpatient healthcare institution. (3) Eligible organization.--The term ``eligible organization'' means a social service organization providing nutrition services, including Meals on Wheels. (4) Eligible product.--The term ``eligible product'' means an agricultural product that-- (A) is offered by a participating vendor; (B) is fresh, dried, frozen, or packaged in a manner that maximizes retention of nutrient density; (C) is grown, stored, or transported in a manner that maximizes retention of nutrient density; and (D) is a locally or regionally produced agricultural food product that is stored and processed locally, and, to the maximum extent practicable, reflects local preferences. (5) Locally or regionally produced agricultural food product.--The term ``locally or regionally produced agricultural food product'' means any agricultural food product that is raised, produced, and distributed in-- (A) the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product; or (B) the State in which the product is produced. (6) Participating vendor.-- (A) In general.--The term ``participating vendor'' means a local or regional distributor of eligible products that is approved under section 3(d)(1). (B) Inclusion.--The term ``participating vendor'' includes an agricultural producer. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. DEMONSTRATION GRANTS FOR HOSPITALS, DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS, AND NUTRITION PROGRAMS. (a) In General.--The Secretary shall establish a program under which the Secretary shall provide demonstration grants to eligible entities to purchase eligible products from participating vendors to improve the availability of nutritious meals from local sources for-- (1) patients of, employees of, and visitors to eligible hospitals; and (2) clients of eligible organizations. (b) Coordination.--The Secretary shall coordinate the provision of demonstration grants under subsection (a) with-- (1) the Secretary of Veterans Affairs, for purposes of grants to an eligible entity described in section 2(2)(A); and (2) the Secretary of Health and Human Services, for purposes of grants to any other eligible entity. (c) Agreements.-- (1) In general.--The Secretary, acting through any regional procurement offices of the Department of Agriculture that the Secretary determines to be appropriate, shall carry out a program under which the Secretary shall enter into agreements with participating vendors to supply eligible products to eligible entities. (2) Funds.--Eligible products supplied under an agreement entered into under paragraph (1) shall be purchased by eligible entities using funds that are provided through demonstration grants under this section. (d) Approval of Participating Vendors.-- (1) In general.--A local or regional distributor of eligible products that seeks to supply eligible products to eligible entities under this section shall apply to the Secretary for approval as a participating vendor. (2) Conditions for approval.--The Secretary shall approve an application submitted under paragraph (1) if the local or regional distributor of eligible products-- (A) demonstrates the ability to supply eligible products; (B) complies with Federal food safety laws (including regulations); (C) consistently provides products that meet standards of grade, size, freshness, and quality as required by the Secretary or local procurement officer; and (D) demonstrates the ability to supply and purchase eligible products at a fair price from local growers and processors. (e) Grant Applications.-- (1) Application process.-- (A) In general.--To be eligible to receive a grant to purchase eligible products from participating vendors under this section, an eligible entity shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (B) Priority.--In providing grants under this section, the Secretary shall give priority to eligible entities with demonstrated commitment to developing organizational food and nutrition policies that incorporate locally or regionally produced agricultural food products. (2) Additional requirements for eligible organizations.--In addition to the information required under paragraph (1), an eligible organization shall include in a grant application under that paragraph-- (A) certification of the nonprofit status of the eligible organization; and (B) evidence of the demonstrated ability of the eligible organization to provide nutrition services. (f) Monitoring.-- (1) In general.--The Secretary shall develop and implement a system for monitoring-- (A) participating vendors; and (B) grants provided under this section. (2) Certification.--A monitoring system developed under this subsection may include a requirement for a participating vendor to obtain certification in accordance with a program-- (A) that is designed by the Secretary; and (B) under which the Secretary may require payments from participating vendors for the certification process. (g) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2009 through 2013-- (1) $10,000,000 to provide grants to eligible hospitals described in section 2(2)(A); (2) $10,000,000 to provide grants to eligible hospitals described in section 2(2)(B); and (3) $5,000,000 to provide grants to eligible organizations. SEC. 4. REPORT ON FRESH FOODS IN FEDERALLY FUNDED HEALTH AND SOCIAL SERVICE PROGRAMS. Not later than 2 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Health and Human Services and the heads of other applicable Federal agencies, shall submit to the appropriate committees of Congress a report that provides recommendations for ways in which-- (1) health care institutions and social service organizations could increase the use of nutritious, local agricultural products in nutrition and food service programs; and (2) the Federal Government could provide technical assistance for and support the activities recommended under paragraph (1).

Healthy Food for Healthy Lives Act of 2008 - Directs the Secretary of Agriculture to provide demonstration grants to eligible entities to purchase eligible local or regional products from participating vendors to improve the availability of nutritious meals for: (1) patients and employees of, and visitors to, eligible hospitals, including Department of Veterans Affairs (VA) medical and nursing facilities; and (2) clients of eligible social service organizations that provide nutrition services.

A bill to direct the Secretary of Agriculture to provide grants to hospitals and other nonprofit inpatient healthcare institutions, Department of Veterans Affairs medical centers, and other social service programs for the acquisition of local nutritious agricultural products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Food Safety Database Act of 2003''. SEC. 2. ESTABLISHMENT OF FOOD SAFETY DATABASE. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following section: ``SEC. 416. SAFE FOOD SUPPLIER DATABASE FOR HOSPITALS, NURSING HOMES, SCHOOLS, AND CHILD CARE FACILITIES. ``(a) In General.-- ``(1) Availability of food safety information.--Through the database under subsection (b), the Secretary, in coordination with the Secretary of Agriculture and the heads of other appropriate agencies, shall in accordance with this section make available to eligible institutions food safety information relating to food procurement by the institutions. ``(2) Eligible institutions.--For purposes of this section, the term `eligible institutions' means-- ``(A) hospitals, nursing homes, schools, and child care facilities; and ``(B) such additional institutions as the Secretary determines to be appropriate. ``(b) Electronic Database.-- ``(1) Database.--For purposes of subsection (a), the Secretary shall establish and maintain an electronic database containing up-to-date food safety information. The Secretary shall ensure that the database is in operation not later than August 1, 2005. ``(2) Food safety information.-- ``(A) In general.--Information is food safety information for purposes of this section, and shall be included in the database under paragraph (1), if the information relates to food intended for human consumption that, as determined by the Secretary-- ``(i) is adulterated or misbranded; or ``(ii) is at risk of being or becoming adulterated or misbranded as a result of the conditions under which the food is manufactured, processed, packed, transported, or held. ``(B) Certain information.--Food information required to be included in the database under paragraph (1) includes information relating to enforcement actions; findings by the Secretary regarding the outbreak of food-borne illness; recalls of shipments; findings by the Secretary, made in inspections of facilities, that significant objectionable conditions exist (relating to products or processes); and such other information regarding food safety concerns as the Secretary determines to be appropriate. ``(C) Registration of food facilities.--The second and third sentences of section 415(a)(4) shall not apply with respect to the inclusion of food safety information in the database under paragraph (1). ``(D) Confidentiality.--In including an item of information in the database under paragraph (1), the Secretary shall electronically identify, in a manner evident to users of the database, items that are confidential. ``(c) Manner of Using Database.-- ``(1) Authorization of state officials.-- ``(A) In general.--Upon request of a State, the Secretary shall authorize State officials and employees to have access to the database under subsection (b), subject to the State entering into an agreement with the Secretary regarding the use of the database. The Secretary may not provide such authorization for such an official or employee unless the official or employee is recommended by the State to be so authorized and-- ``(i) is employed in a State agency that administers a State law that regulates an eligible institution; or ``(ii) is employed in the principal State agency regarding public health. ``(B) State administration.--An agreement under subparagraph (A) shall provide for the following: ``(i) State responsibilities regarding the database under subsection (b) will be carried out through State officials and employees authorized under subparagraph (A). ``(ii) Except as provided in clause (iii), the State officials or employees who carry out database responsibilities regarding a type of eligible institution will be officials or employees of the State agency referred to in subparagraph (A)(i) with respect to that type of eligible institution. ``(iii) The activities of the State regarding such database will be under the general supervision of an official of the principal State agency regarding public health. ``(2) Access of eligible institutions.--An agreement under paragraph (1) shall provide for the following: ``(A) Upon request of an eligible institution in the State, the State will authorize one or more officials of the institution to receive food safety information from the database. ``(B) Once an official of an eligible institution has been so authorized, the State will-- ``(i) through the Internet or, if the eligible institution does not have Internet access, through other electronic means, provide to the official information in the database that relates to food procurement by the institution, as indicated by the sources from which the institution obtains food; and ``(ii) in providing the information, identify any items of information that are considered confidential under subsection (f). ``(d) Interagency Task Force.--An interagency task force shall be established for purposes of facilitating coordination among Federal agencies pursuant to subsection (a)(1). ``(e) Advisory Committee.-- ``(1) In general.--The Secretary shall establish an advisory committee to make recommendations to the Secretary regarding the administration of this section, including recommendations on the types of information needed by eligible institutions to make informed decisions in purchasing food to avoid the purchase of food that may be adulterated or misbranded. Not later than six months after the date on which the first meeting of the advisory committee occurs, the committee, in consultation with the task force under subsection (d), shall submit to the Secretary a report providing the initial recommendations of the committee regarding the information needed by eligible institutions to make such informed decisions. ``(2) Composition.--The membership of the advisory committee under paragraph (1) (referred to in this subsection as the `advisory committee') shall include, at a minimum, representatives of the following: ``(A) Anticipated users of the database, including State public health officials. ``(B) Representatives of persons who manufacture, process, pack, transport, or hold food. ``(C) Representatives of consumer groups. ``(D) Representatives of Federal agencies that have significant responsibilities regarding food safety. ``(3) Reimbursement.--Members of the advisory committee may not be compensated for service on the committee. Such members may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the committee. ``(4) Initial meeting.--The Secretary shall ensure that the first meeting of the advisory committee occurs not later than 90 days after the effective date of this section. ``(f) Grants.--The Secretary may make grants to States for the purpose of assisting the States with the costs of providing food safety information to eligible institutions pursuant to agreements under subsection (c)(1). The Secretary may authorize a State that receives such a grant to use a portion of the grant to assist eligible institutions in the State with the costs of obtaining and using food safety information pursuant to subsection (c)(2). ``(g) Regulations.-- ``(1) Program criteria.--The Secretary shall by regulation establish criteria for the program under this section, including criteria for the participation of States pursuant to paragraph (1) of subsection (c) and the participation of eligible institutions pursuant to paragraph (2) of such subsection. ``(2) Confidentiality.-- ``(A) In general.--Regulations under paragraph (1) shall include-- ``(i) criteria governing the access of officials and employees of State agencies and eligible institutions to confidential information in the database under subsection (b); and ``(ii) criteria for the use by such officials and employees of such information, including criteria regarding disclosure of the information. ``(B) Civil penalty.--Any person who, in violation of regulations under subparagraph (A), obtains or uses confidential information from the database under subsection (b) is liable to the United States for a civil penalty in an amount to be determined by the Secretary. Paragraphs (3) through (5) of section 303(g) apply to a civil penalty under the preceding sentence to the same extent and in the same manner as such paragraphs apply to a civil penalty under such section. ``(h) Definitions.--For purposes of this section: ``(1) The term `child care facility' means any public or nonprofit private organization that provides nonresidential child care, or day care outside school hours for school children. ``(2) The term `eligible institution' has the meaning given such term in subsection (a)(2). ``(3) The term `food safety information' has the meaning indicated for such term in subsection (b). ``(4) The term `hospital' has the meaning given such term in section 1861(e) of the Social Security Act. ``(5) The term `nursing home' means a skilled nursing facility as defined in section 1819(a) of the Social Security Act.''.

National Food Safety Database Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to provide for the establishment of an electronic food safety database which shall be made available, through State agreements, to hospitals, nursing homes, schools, child care facilities, and other eligible institutions. Authorizes related State grants. Requires such database to maintain information concerning: (1) enforcement actions; (2) recalls; (3) food-borne illness outbreaks; and (4) facility inspections. Provides for the establishment of a related interagency task force and advisory committee.

To amend the Federal Food, Drug, and Cosmetic Act to facilitate the procurement of safe food by hospitals, nursing homes, schools, and child care facilities.

SECTION 1. PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS. (a) Preference.--In awarding a contract covered by this section, the head of a department or agency of the Federal Government shall give preference to an entity that agrees to hire welfare recipients for jobs created to carry out the contract. (b) Evaluation.--To carry out subsection (a), the head of a department or agency shall develop a system under which, in the evaluation of an offer from an entity for a contract, the preference given to the entity will be greater as the number of welfare recipients that the offeror agrees to hire increases. (c) Exceptions.--The requirement of subsection (a) shall not apply in the evaluation of offers for a contract if-- (1) the Secretary of Defense determines that the subsection should not apply for national security reasons; or (2) the head of the department or agency determines that no entry-level jobs are expected to be created to carry out the contract. (d) Covered Contracts.--This section applies to any contract in an amount in excess of $500,000 entered into after the date of the enactment of this Act by a department or agency of the Federal Government using competitive procedures. (e) Welfare Recipient.--The term ``welfare recipient'' means a recipient of assistance under a State program funded under part A of title IV of the Social Security Act. SEC. 2. ACCESS TO JOBS GRANTS. (a) General Authority.--The Secretary of Transportation shall make grants to States under this section to assist State agencies, local governmental authorities, and nonprofit organizations in financing transportation services designed to transport welfare recipients to and from jobs and activities related to their employment. The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. (b) Grants by States.--Each State to which a grant is made under this section shall use the grant proceeds to make grants to State agencies, local government authorities, and nonprofit organizations. In selecting applicants for grants under this subsection, the State shall consider the following: (1) The percentage of the population in the area to be served that are welfare recipients. (2) The need for additional services to transport welfare recipients to and from specified jobs, training, and other employment support services, and the extent to which the proposed services will address those needs. (3) The extent to which the applicant demonstrates coordination with, and the financial commitment of, existing transportation service providers. (4) The extent to which the applicant demonstrates maximum utilization of existing transportation service providers and expands existing transit networks or hours of service or both. (5) The extent to which the applicant demonstrates an innovative approach that is responsive to identified service needs. (6) The extent to which the applicant presents a comprehensive approach to addressing the needs of welfare recipients and identifies long-term financing strategies to support the services under this section. (c) Eligible Projects.--A State may make grants under this section only for-- (1) capital projects and to finance operating costs of equipment, facilities, and associated capital maintenance items related to providing access to jobs under this section; (2) promoting the use of transit by workers with nontraditional work schedules; (3) promoting the use by appropriate agencies of transit vouchers for welfare recipients under specific terms and conditions developed by the Secretary; and (4) promoting the use of employer-provided transportation including the transit pass benefit program under subsections (a) and (f) of section 132 of the Internal Revenue Code of 1986. No planning or coordination activities are eligible for assistance under this section. (d) Federal Share of Costs.--The Federal share of costs under this section shall be provided from funds apportioned under this section. The Federal share of the costs for a project under this section shall not exceed 50 percent of the net project cost. The remainder shall be provided in cash from sources other than revenues from providing mass transportation. Funds appropriated to a Federal department or agency (other than the Department of Transportation) and eligible to be used for transportation may be used toward the nongovernment share payable on a project under this section. (e) Planning Requirements.--The requirements of sections 5303 through 5306 of title 49, United States Code, apply to grants made under this section. Applications must reflect coordination with and the approval of affected transit grant recipients and the projects financed must be part of a coordinated public transit-human services transportation planning process. (f) Grant Requirements.--A grant under this section shall be subject to all of the terms and conditions of grants made under section 5307 of title 49, United States Code, and such terms and conditions as determined by the Secretary. (g) Apportionment of Funds.--The Secretary shall apportion funds appropriated to carry out this section for each fiscal year among the States in the ratio that the amount paid to each State under section 403(a)(1) of the Social Security Act for the fiscal year bears to the total amount paid to all States under that section for the fiscal year. (h) Program Evaluation.-- (1) Comptroller general.--Six months after the date of the enactment of this Act and each 6 months thereafter, the Comptroller General shall conduct a study to evaluate the access to jobs program conducted under this section and transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate the results of the study. (2) Department of transportation.--Within 2 years after the date of the enactment of this Act, the Secretary shall conduct a study to evaluate the access to jobs program conducted under this section and transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate the results of the study. (i) Definitions.--In this section, the following definitions apply: (1) Capital project and urbanized area.--The terms ``capital project'' and ``urbanized area'' have the meanings such terms have under section 5302 of title 49, United States Code. (2) Existing transportation service providers.--The term ``existing transportation service providers'' means mass transportation operators and governmental agencies and nonprofit organizations that receive assistance from Federal, State, or local sources for nonemergency transportation services. (3) Welfare recipient.--The term ``welfare recipient'' means an individual who receives or received aid or assistance under a State program funded under part A of title IV of the Social Security Act (whether in effect before or after the effective date of the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) at any time during the 3-year period ending on the date the applicant applies for a grant under this section. (j) Funding.--There is authorized to be appropriated to carry out this section $500,000,000 per fiscal year for fiscal years 1999 through 2004. Such sums shall remain available until expended. SEC. 3. GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT WELFARE RECIPIENTS. (a) In General.--The Secretary of Health and Human Services may provide loan guarantees to States in accordance with this section. (b) Limitation on Annual Amount of Loan Guarantees.--The total dollar amount of loan guarantees that may be provided under this section in a fiscal year shall not exceed $50,000,000. (c) Limitation on Annual Amount of Loan Guarantees per State.--The total dollar amount of loan guarantees that may be provided to a State under this section in a fiscal year is the amount that bears the same ratio to $50,000,000 as the total dollar amount payable to the State under section 403(a)(1) of the Social Security Act for the fiscal year (determined without regard to any penalty imposed under section 409 of such Act) bears to the total dollar amount payable to all States under such section 403(a)(1) for the fiscal year (as so determined). (d) Loans That May Be Guaranteed.--The Secretary of Health and Human Services may provide a loan guarantee under this section with respect to a loan if-- (1) the loan is made by a State; (2) the borrower is a recipient of assistance under a State program funded under part A of title IV of the Social Security Act; (3) the principal amount of the loan is not less than $20 and not more than $5,000; and (4) the loan bears interest at an annual rate that does not exceed the rate at which interest is payable annually on bonds most recently issued by the smallest political subdivision of the State in which the borrower resides that has borrowing authority. (e) Definition of State.--In this section, the term ``State'' has the meaning given such term in section 419(5) of the Social Security Act. (f) Regulations.--The Secretary of Health and Human Services shall prescribe such regulations as may be necessary to carry out this section.

Requires the head of a Federal agency to give preference (except where no entry-level jobs are expected to be created, or national security reasons preclude) to contractors that hire recipients of assistance under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act for jobs created to carry out any contract in excess of $500,000 that was awarded using competitive procedures. Directs the Secretary of Transportation to make grants to States to assist State agencies, local governmental authorities, and nonprofit organizations in financing transportation services designed to transport TANF recipients to and from jobs and activities related to their employment. Authorizes appropriations. Authorizes the Secretary of Health and Human Services to provide loan guarantees to States with respect to State loans taken out by TANF recipients in a principal amount of between $20 and $5,000, and bearing a certain annual interest rate.

To require a preference for Federal contractors that hire welfare recipients, to require the Secretary of Transportation to make grants to assist States and other entities in financing transportation services for welfare recipients, and to allow the Secretary of Health and Human Services to provide guarantees of State loans to current or recent welfare recipients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Shee Atika Land Exchange Settlement Act''. SEC. 2. SHEE ATIKA INCORPORATED. (a) Definitions.--In this section: (1) Account.--The term ``Account'' means the Shee Atika Account established under subsection (d). (2) Agency.--The term ``agency'' means-- (A) any department, agency, or other instrumentality of the Federal Government; and (B) any Government corporation (as defined in section 9101 of title 31, United States Code). (3) Agreement.--The term ``Agreement'' means the agreement between Shee Atika and the United States (including any amendment or supplement to the agreement) under which the United States has an option to reacquire the Cube Cove Land. (4) Cube cove land.--The term ``Cube Cove Land'' means the approximately 23,000 acres of surface estate land at Cube Cove, Admiralty Island, Alaska, as described in Appendix A to the Agreement. (5) Property.--The term ``property'' has the meaning given the term in section 12(b)(7)(vii) of the Act of January 2, 1976 (43 U.S.C. 1611 note; Public Law 94-204). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) Segment.--The term ``segment'' means any 1 of the 13 tracts of surface estate land identified in Appendix C to the Agreement. (8) Shee atika.--The term ``Shee Atika'' means Shee Atika Incorporated. (b) Authorization.-- (1) In general.--All consideration, whether in cash or in kind, received by Shee Atika under the Agreement shall be treated for purposes of all Federal laws as if the consideration was, within the meaning of section 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the receipt of land or any interest in land pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) or cash in order to equalize the values of properties exchanged pursuant to section 22(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(f)). (2) Effect.--Nothing in the Agreement or this section imposes any duty on Shee Atika not expressly set forth in the Agreement. (c) Option To Receive Credits.-- (1) In general.-- (A) Credits.--On election by Shee Atika made in writing not later than the day before the date on which a closing of any segment of the Cube Cove Land is scheduled to occur, the Secretary, in accordance with subsection (d), may pay all or part of the amounts due to Shee Atika under the Agreement on the closing date in the form of credits that may be used by Shee Atika to purchase property sold at public sale. (B) Cash.--Amounts otherwise due to Shee Atika for which Shee Atika has not made the election described in subparagraph (A) shall be paid to Shee Atika in cash. (2) Requirement.--The Secretary shall make a payment in the form described in paragraph (1) without regard to whether Shee Atika has made any other election under paragraph (1). (3) Closing date.--Closing of any segment for which Shee Atika has made an election under paragraph (1) shall occur not later than 30 days after the date on which the Secretary notifies Shee Atika that the applicable credit is ready to be deposited into the Account. (d) Establishment of Account.-- (1) In general.--Notwithstanding any other provision of law, not later than 90 days after Shee Atika first makes an election under subsection (c)(1), the Secretary of the Treasury, in consultation with the Secretary, shall establish an account in the Treasury to be known as the ``Shee Atika Account''. (2) Credits into account.--The Secretary of the Treasury, in consultation with the Secretary, shall-- (A) deposit into the Account amounts equal to any credit received under subsection (c); and (B) establish procedures under which Shee Atika may-- (i) receive deposits into the Account; (ii) make deposits from the Account into escrow when an escrow is required for the sale of any property; (iii) reinstate to the Account any unused escrow deposits under clause (ii) if the applicable sale is not completed; and (iv) notwithstanding any other provision of law and on written notice to the Secretary of the Treasury and the Secretary, assign, without restriction, any or all of the amounts in the Account. (3) Availability of amounts.--The balance of the Account shall-- (A) be immediately available to Shee Atika for use in accordance with paragraph (4); and (B) remain available until expended. (4) Use of funds.-- (A) In general.--Shee Atika may use amounts in the Account to bid for, and purchase, any property at any public sale by an agency. (B) Requirement.--In conducting a transaction under subparagraph (A), an agency shall accept any amount tendered from the Account in the same manner as if the amount were tendered in cash. (5) Effect.--Notwithstanding any other provision of law, any property purchased under paragraph (4) shall be considered to be a conveyance made under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) on the date of enactment of that Act.

ANCSA Shee Atika Land Exchange Settlement Act This bill declares that consideration received by the urban Native corporation of Shee Atika under the agreement between Shee Atika and the United States must be treated as the receipt of land or interest in land pursuant to the Alaska Native Claims Settlement Act or as cash to equalize the values of properties exchanged pursuant to that Act. (Under the Act, these considerations are not taxed.) Shee Atika may elect to accept payment from the Department of Agriculture for Cube Cove lands into an account that may be used to purchase property sold at public sale by a federal agency. Purchases made through that account must be considered to be conveyances under the Alaska Native Claims Settlement Act.

ANCSA Shee Atika Land Exchange Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electromagnetic Labeling Act of 1993''. SEC. 2. LABELING REQUIREMENTS FOR PRODUCTS THAT EMIT ELECTROMAGNETIC FIELDS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall establish uniform labeling requirements for each product described in subsection (b). (b) Covered Products.--The products referred to in subsection (a) are-- (1) products that emit low-frequency electric and magnetic fields of which the strength is not less than 100 volts per meter and 1 Gauss, respectively, when measured at a distance which is one inch from the product; and (2) any other products the Secretary of Energy classifies as a covered product under this section in order to carry out this Act. (c) Labeling Content.--The labeling required for a product under the requirements established pursuant to subsection (a) shall-- (1) contain information regarding the strength of the low- frequency electromagnetic fields emitted by the product; (2) reasonably enable the purchaser and user of the product to make choices and comparisons among products; and (3) be simple, placed on the outside of the product, and, where appropriate, consolidated with other labels providing information to the purchaser and user. (d) Consultation.--In establishing labeling requirements pursuant to subsection (a), the Secretary of Energy shall consult with the Federal Trade Commission, the Secretary of Commerce, leaders of affected industry, and consumer organizations. SEC. 3. REQUIREMENTS OF MANUFACTURERS. Each manufacturer of a product described in section 2(b) shall-- (1) provide a label for the product which meets the requirements established pursuant to section 2(a) and contains the labeling content described in section 2(c); (2) maintain data derived from tests conducted on the product for the strength of emitted electromagnetic fields; and (3) annually submit to the Secretary of Energy, at a time specified by the Secretary, the data described in paragraph (2). SEC. 4. CIVIL PENALTIES. (a) In General.--The Secretary of Energy may impose a civil penalty against a manufacturer of a product described in section 2(b) who commits a violation described in subsection (b). The amount of a civil penalty imposed under this subsection may not exceed-- (1) $100 for each violation described in subsection (b)(1); and (2) $100 for each day during which a violation described in paragraphs (2) and (3) of subsection (b) occurs. (b) Violations for Which Penalties May Be Imposed.--For purposes of subsection (a), a violation shall be any of the following: (1) A failure by the manufacturer of a product described in section 2(b) to provide the label described in section 3(1). (2) A failure by the manufacturer of a product described in section 2(b) to maintain the data described in section 3(2). (3) A failure by the manufacturer of a product described in section 2(b) to make a submission described in section 3(3). (c) Procedures for Imposition of Civil Penalties.-- (1) Notice.--Before issuing an order assessing a civil penalty against a manufacturer under this section, the Secretary of Energy shall provide to the manufacturer a notice of the proposed penalty. The notice shall provide information regarding the opportunity of the manufacturer to make an election in writing within 30 days after the receipt of the notice to have the procedures of paragraph (3) (in lieu of the procedures of paragraph (2)) apply to the assessment of the penalty. (2) Assessment after a hearing on the record.-- (A) In general.--Unless an election described in paragraph (1) is made, the Secretary of Energy shall assess a penalty under this section by order, after a determination of a violation has been made on the record after an opportunity for a hearing in accordance with section 554 of title 5, United States Code before an administrative law judge appointed under section 3105 of such title. The assessment order shall include the findings of the administrative law judge and the basis for the assessment. (B) Appeal.--A manufacturer against whom a penalty is assessed under subparagraph (A) may, within 60 calendar days after the date of the order assessing the penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of the order in accordance with chapter 7 of such title. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part the order of the Secretary of Energy, or the court may remand the proceeding to the Secretary for such further action as the court may direct. (3) Summary assessment.-- (A) In general.--In the case of a civil penalty with respect to which an election described in paragraph (1) is made, the Secretary of Energy shall promptly assess the penalty by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty. (B) Action to affirm the assessment.--If the civil penalty has not been paid within 60 days after the assessment order has been made under subparagraph (A), the Secretary of Energy shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, the assessment of the penalty. (C) Revocation of election.--Any election to have this paragraph apply may not be revoked except with the consent of the Secretary of Energy. SEC. 5. REGULATIONS. The Secretary of Energy shall issue any regulations necessary to carry out this Act. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``electromagnetic fields'' means the electric fields and magnetic fields produced by a product described in section 2(b). (2) The term ``electric fields'' means fields of which the strength is determined by the voltage and is measured in volts per meter. (3) The term ``low-frequency'' means a frequency of 60 cycles per second or 60 Hertz. (4) The term ``magnetic fields'' means fields of which the strength is determined by the amount of flowing current and is measured in Gauss.

Electromagnetic Labeling Act of 1993 - Directs the Secretary of Energy to establish uniform labeling requirements meeting specified criteria for products that emit low-frequency electric and magnetic fields of specified strengths. Authorizes the Secretary to impose a civil penalty against a manufacturer of such products for labeling violations under this Act.

Electromagnetic Labeling Act of 1993

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Sweatshops Prevention Act of 1993''. (b) Reference.--Whenever in this Act (other than section 7) 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 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. VIOLATIONS. (a) Section 16(b).--Section 16(b) (29 U.S.C. 216(b)) is amended-- (1) by amending the first sentence to read as follows: ``(b)(1) Any employer who violates section 6 or 7 of this Act shall be liable-- ``(A) in the case of a first violation, to each employee affected (i) in the amount of their unpaid minimum wages or unpaid overtime compensation, as the case may be, (ii) for liquidated damages in an amount equal to the amount described in clause (i), and (iii) for interest on the amount described in clause (i) computed, at the time of payment, at the rate of interest determined by the Secretary of the Treasury for interest payments under section 12 of the Contracts Dispute Act of 1978 (41 U.S.C. 611), and ``(B) for a second or subsequent violation, to each employee affected in the amount of three times their unpaid minimum wages or unpaid overtime compensation, as the case may be.'', (2) in the third sentence by striking out ``An action to recover the liability prescribed in either of the preceding sentences'' and inserting in lieu thereof the following: ``(2) An action to recover the liability prescribed in paragraph (1)'', and (3) in the sixth sentence by striking out ``unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing to such employee under section 6 or section 7 of this Act by an employer liable therefor under the provisions of this subsection'' and inserting in lieu thereof ``the liability prescribed in paragraph (1)''. (b) Section 16(c).--Section 16(c) (29 U.S.C. 216(c)) is amended-- (1) in the first sentence by striking out ``under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages'' and inserting in lieu thereof ``to the amount prescribed by subsection (b)(1)'', (2) in the second sentence by striking out ``the amount of the unpaid minimum wages or overtime compensation and equal amount as liquidated damages'' and inserting in lieu thereof ``the amount prescribed by subsection (b)(1).'', (3) in the third sentence, (A) by striking out ``(b)'' and inserting in lieu thereof ``(b)(2)'', (B) by striking out ``the first sentence of such subsection'' and inserting in lieu thereof ``subsection (b)(1)'', and (C) by striking out ``unpaid minimum wages or unpaid overtime compensation under sections 6 and 7 or liquidated or other damages provided by this subsection'' and inserting in lieu thereof ``the amounts''. SEC. 3. SEIZURES. Section 16 (29 U.S.C. 216) is amended by adding at the end the following: ``(f)(1)(A)(i) If an employer engaged in garment manufacturing violates section 6, 7, or 12 more than 2 times in a 3-year period, the Secretary may seize garments from the premises of the employer in a value not to exceed the liability of the employer under subsection (b) or (e) for the last such violation. ``(ii) If garments are produced by homeworkers in violation of section 11(d), the Secretary may seize all the garments so produced, except that if the employer of the homeworker obtained a certificate to employ homeworkers pursuant to section 11(d) and the employer violated the terms of the certificate, the Secretary may seize garments so produced in a value not to exceed the liability of the employer under this Act. ``(B) If the Secretary seizes garments under subparagraph (A), the Secretary shall notify the owner of such garments of the seizure and shall provide for the return of the garments to the owner if the liability of such employer for such violation is met. ``(2) The owner of garments seized under paragraph (1) may have review of the authority of the Secretary to make the seizure. Such review shall be made in an administrative proceeding after opportunity for a hearing in accordance with section 554 of title 5, United States Code. ``(3) The Secretary shall issue regulations governing the destruction or disposal of garments seized under paragraph (1). Such garments may not be disposed of by sale. ``(4) For purposes of paragraph (1), the term `garment manufacturing' means the sewing, knitting, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by an individual, including clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts to be sold or resold by any person contracting to have such operations performed.''. SEC. 4. CIVIL PENALTIES. (a) In General.--The first sentence of section 16(e) (29 U.S.C. 216(e) is amended to read as follows: ``(e)(1) Any person-- ``(A) who violates section 12 or any regulation issued under that section shall be subject to a civil penalty of not to exceed $10,000 for each such violation, ``(B) who violates section 6 or 7 two or more times shall be subject to a civil penalty of not to exceed $10,000 for each such violation, or ``(C) who violates section 15(a)(5)-- ``(i) shall be subject to a civil penalty of not to exceed $1,000 for the first violation, and ``(ii) shall be subject to a civil penalty of not to exceed $10,000 for each violation after the first violation.''. (b) Technical.--The second sentence of section 16(e) (29 U.S.C. 216(e)) is amended-- (1) by striking out ``In determining the amount of such penalty'' and inserting in lieu thereof the following: ``(2) In determining the amount of the penalty authorized by paragraph (1)'', and (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively. SEC. 5. CRIMINAL PENALTIES. Section 16(a) (29 U.S.C. 216(a)) is amended by striking out ``a fine of not more than $10,000 or to imprisonment for not more than six months'' and inserting in lieu thereof ``a fine in accordance with title 18, United States Code, or to imprisonment for at least six months and not more than one year''. SEC. 6. SETTLEMENTS. The first sentence of section 16(c) (29 U.S.C. 216(c) is amended by striking out ``unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 6 or 7 of this Act'' and inserting in lieu thereof ``amount prescribed by subsection (b)(1) to any employee or employees''. SEC. 7. STATUTE OF LIMITATIONS. Section 6(a) of the Portal-to-Portal Act of 1947 (29 U.S.C. 255(a)) is amended by striking out ``two years'' each place it occurs and inserting in lieu thereof ``three years'' and by striking out ``, except that'' and all that follows in that section and inserting in lieu thereof a semicolon. SEC. 8. COORDINATION. (a) In General.--The Secretary of Labor shall establish and encourage closer working relationships among Federal and State agencies having responsibility for enforcing labor, safety and health, and immigration laws. (b) Referrals.-- (1) The Secretary of Labor shall establish a referral system under which employees engaged in the enforcement of the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 shall-- (A) exchange information about suspected violators of the Acts and monitor the results of referrals to each other, and (B) provide basic training to each other's staffs concerning the requirements of such Acts. (2) The Secretary of Labor shall require employees engaged in the enforcement of the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 to establish a referral system with-- (A) employees of the Immigration and Naturalization Service engaged in the enforcement of the Immigration and Nationality Act, and (B) employees of Departments of Labor of the States engaged in the enforcement of State minimum wage and occupational safety and health laws. The Service and the State Departments of Labor shall each be encouraged by the Secretary of Labor to establish information exchanges and, to the extent practicable, provided training to each other's staffs concerning the requirements of the Acts enforced by the respective agencies.

Sweatshops Prevention Act of 1993 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the civil and criminal penalties (and liability for settlements) for employers who violate standards for minimum wages, overtime, and child labor. Authorizes the Secretary of Labor to seize garments, up to the value of the employer's liability under the FLSA, from the premises of a garment manufacturer employer who has violated any such standards more than two times in a three-year period. Authorizes seizures of all garments produced by homeworkers in violation of the FLSA (or up to the employer's liability if the employer has obtained a certificate to employ such homeworkers but has violated its terms). Sets forth procedural requirements. Amends the Portal-to-Portal Act of 1947 to extend the statute of limitations on actions to enforce unpaid minimum wages, unpaid overtime compensation, or liquidated damages under the FLSA, Walsh-Healey Act, or Davis-Bacon Act. Directs the Secretary to establish and encourage closer working relationships among Federal and State agencies responsible for enforcing labor, safety and health, and immigration laws.

Sweatshops Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pacific Defenders of World War II Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Guam was captured by Imperial Japanese forces on December 10, 1941, 3 days after the attack on Pearl Harbor and remained in the hands of the Japanese until June 1944; (2) the prisoners who remained on Guam suffered atrocities at the hands of the Japanese, with some prisoners being transported on hell ships to Japanese prisoner of war camps; (3) on December 22, 1941, the Japanese took approximately 1,600 prisoners on Wake Island; (4) approximately 450 members of the Armed Forces and 1,150 civilians were captured on Wake Island and transported on hell ships to prisoner of war camps in China and Japan; (5) Major General Edward King led the combined Philippine- United States force of 75,000 troops in the defense of the Bataan peninsula, until April 9, 1942, at which point, due to diminishing resources and disease, Major General King surrendered soldiers from the United States and the Commonwealth of the Philippines into enemy hands; (6) over the next week, the soldiers from the United States and the Philippine Commonwealth were taken prisoner and forced to march 65 miles without food, water, or medical care in what came to be known as the Bataan Death March, where approximately 600 members of the Armed Forces and between 5,000 and 10,000 Filipino soldiers died from starvation disease, exposure, exhaustion, and abuse by their captors; (7) on May 6, 1942, the resistance reached its limitations after a weeklong siege and Lieutenant General Wainwright, as authorized by President Roosevelt, surrendered the remaining 11,000 troops on Corregidor Island; (8) on May 10, 1942, the only remaining resistance force in the archipelago, under the command of Major General William F. Sharp, surrendered after fighting the Japanese from April 29, 1942, to May 9, 1942, on the island of Mindanao, at which point Lieutenant General Jonathan Wainwright, as Supreme Allied Commander, surrendered all Allied Forces in the Philippine archipelago; (9) within the first 40 days 1,600 more United States prisoners died at Camp O'Donnell, a pre-war training camp turned prisoner of war camp, which had substandard conditions, leading to increased disease and malnutrition among the prisoners; (10) in May 1942, the Japanese began transferring prisoners of war by sea to Japan, Taiwan, Korea, Manchuria, Sumatra, Burma, and Siam; (11) during the transfer, prisoners were crammed into cargo holds with little air, food or water for journeys that would last for weeks on what were to be known as the hell ships; (12) many died due to asphyxia, starvation, or dysentery and some prisoners became delirious and unresponsive in an environment of heat, humidity and lack of oxygen, food, and water; (13) estimates of more than 126,000 Allied prisoners of war were transported in 156 voyages on 134 Japanese merchant ships, of whom more than 21,000 people of the United States were killed or injured; (14) on June 6, 1942, 6,000 United States prisoners of war were transferred to Cabanatuan, north of Camp O'Donnell, where they were assigned to work details and hard labor and where 3,000 members of the Armed Forces died from disease, starvation, beatings, and executions; (15) the campus of the University of Santo Tomas in Manila was converted to the Santo Tomas Internment Camp by the Japanese during their occupation of the Philippines, from January 1942 until February 1945; (16) Santo Tomas became the internment camp for United States Army and Navy nurses also known as ``the Angels of Bataan and Corregidor'', who continued to serve as a nursing unit while imprisoned and until their liberation; (17) the prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions; (18) Operation Blacklist began in early 1945 to locate, recover, and repatriate all prisoners of war; (19) over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to the people of the United States; and (20) the people of the United States are forever indebted to these men and women for-- (A) the courage they demonstrated during the first 4 months of World War II in fighting against enemy soldiers; and (B) the perseverance they demonstrated during subsequent years of capture and imprisonment under brutal conditions, while maintaining their dignity, honor, patriotism, and loyalty. 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 in commemoration of members of the Armed Forces who fought in defense of Guam, Wake Island, and the Philippine archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to the United States. (b) Design and Striking.--For purposes of the presentation under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Transfer and Display of Medals.-- (1) In general.--Following the presentation of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the members of the Armed Forces described under subsection (a). SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under 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. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Pacific Defenders of World War II Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal in commemoration of members of the Armed Forces who fought in defense of Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to the United States. Following its presentation, the gold medal shall be given to the Smithsonian Institution where it shall be displayed and made available for research.

Pacific Defenders of World War II Congressional Gold Medal Act

SECTION 1. EXTENSION OF FUNDING FOR REOPENING ENROLLMENT UNDER THE PREEXISTING CONDITION INSURANCE PROGRAM. (a) In General.--Subsection (g)(1) of section 1101 of the Patient Protection and Affordable Care Act (42 U.S.C. 18001) is amended by striking ``Such funds'' and inserting the following: ``In addition to the funds appropriated under the previous sentence, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $2,800,000,000 to pay claims (and administrative costs) described in such sentence. Funds appropriated under this paragraph''. (b) Reopening Program Enrollment.--The Secretary of Health and Human Services shall resume taking applications for participation under the temporary high-risk health insurance program under such section 1101, but only to the extent consistent with the limitation imposed under subsection (g)(4) of such section. (c) Construction.--Nothing in this section shall be construed as changing the application of subsection (g)(3) of such section (relating to termination of authority). SEC. 2. IMMEDIATE ACCESS TO HEALTH CARE FOR SICK AMERICANS. (a) In General.--Section 1101(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18001(d)) is amended-- (1) in paragraph (1), by adding at the end ``and''; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to individuals applying for coverage through the high risk insurance pool program on or after the date of the enactment of this Act. SEC. 3. INCREASE IN RATE OF EXCISE TAX ON CIGARETTES. (a) In General.--Section 5701(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``($52.33 per thousand in the case of cigarettes removed after December 31, 2013 and before January 1, 2024)'' after ``$50.33 per thousand''. (b) Floor Stocks Taxes.-- (1) Imposition of tax.--On cigarettes described in section 5701(b)(1) of the Internal Revenue Code of 1986 manufactured in or imported into the United States which are removed before January 1, 2014, and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of-- (A) the tax which would be imposed under section 5701 of such Code on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax.--Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on January 1, 2014, for which such person is liable. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding cigarettes referred to in paragraph (1) on January 1, 2014, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before May 1, 2014. (4) Articles in foreign trade zones.--Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other provision of law, any article which is located in a foreign trade zone on July 1, 2013, shall be subject to the tax imposed by paragraph (1) if-- (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the 2d proviso of such section 3(a). (5) Definitions.--For purposes of this subsection-- (A) In general.--Any term used in this subsection which is also used in section 5702 of the Internal Revenue Code of 1986 shall have the same meaning as such term has in such section. (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (6) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (c) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31, 2013.

Amends the Patient Protection and Affordable Care Act to: (1) direct the Secretary of Health and Human Services (HHS) to resume taking applications for participation in the temporary high-risk insurance program under such Act and to provide additional funding for such purpose, and (2) eliminate the six-month waiting period for program applicants previously covered under creditable health care coverage. Amends the Internal Revenue Code to increase the rate of the excise tax on small cigarettes to $52.33 per thousand for the period between 2014 and 2024.

To amend section 1101 of the Patient Protection and Affordable Care Act to provide additional funds to permit additional individuals to enroll under the preexisting condition insurance program and expand eligibility, to be funded through a temporary increase in the cigarette tax, and for other purposes.

SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST, COLORADO. (a) Boundary Adjustment.--The boundaries of Roosevelt National Forest, Colorado, are hereby modified to exclude from the national forest a parcel of real property consisting of approximately 7 acres within the Crystal Lakes Subdivision as depicted on the map entitled ``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008. (b) Conveyance of Land Removed From National Forest.--The Secretary of Agriculture shall use the authority provided by Public Law 97-465 (commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey all right, title, and interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under subsection (a) to the landowners whose real property adjoins the excluded land and who, as of the date of the enactment of this Act, occupy the excluded land. (c) Consideration.--The conveyances required by subsection (b) shall be made without consideration. (d) Description of Real Property.--The exact acreage and legal description of the land excluded from the boundaries of Roosevelt National Forest under subsection (a) and conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. (a) In General.--The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (in this section referred to as ``NOAA''), including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary-- (1) determines that the conveyance is in the best interests of NOAA and the Federal Government; and (2) has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (b) Consideration.-- (1) In general.--For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. (2) Form.--Consideration under this subsection may include any combination of-- (A) cash or cash equivalents; (B) other property (either real or personal); and (C) consideration in-kind, including-- (i) provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property; (ii) maintenance of NOAA property; (iii) provision of office, storage, or other useable space; or (iv) relocation services associated with conveyance of property under this section. (3) Determination of fair market value.--The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for-- (1) activities related to the operations of, or capital improvements, to NOAA property; or (2) relocation and other costs associated with the sale or exchange. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property (e) Termination.--The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008. Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange.

To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Risk Terrorism Prevention Initiative of 2006''. SEC. 2. AMENDMENTS TO. Section 1014 of the USA PATRIOT Act (42 U.S.C. 3711) is amended to read as follows: ``SEC. 1014. GRANT PROGRAM FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT. ``(a) In General.--The Secretary of Homeland Security shall make a grant each fiscal year to each State for use, in conjunction with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. ``(b) Use of Grant Amounts.-- ``(1) In general.--Grants under this section may be used for any project that was eligible for a grant under any of the programs referred to in paragraph (2) made with amounts available for fiscal year 2006, including (as authorized by such program)-- ``(A) to purchase needed equipment and to provide training and technical assistance to State and local first responders; and ``(B) to construct, develop, expand, modify, operate, or improve facilities to provide training or assistance to State and local first responders. ``(2) Covered programs.--The programs referred to in paragraph (1) are the following: ``(A) The State Homeland Security Grants program of the Department of Homeland Security carried out with amounts appropriated for the Office for Domestic Preparedness by title III of the Department of Homeland Security Appropriations Act, 2006 under paragraph (1) under the heading `State and local programs' (119 Stat. 2075). ``(B) The Urban Area Security Initiative of the Department of Homeland Security carried out with amounts appropriated for the Office for Domestic Preparedness by title III of the Department of Homeland Security Appropriations Act, 2006 under paragraph (2)(A) under the heading `State and local programs' (119 Stat. 2075). ``(c) Terms and Conditions.--Except as otherwise provided in this section, a grant under this section for a project referred to in subsection (b)(1) shall be made under the same conditions, restrictions, and other terms that would apply if the grant were made under the program referred to in subsection (b)(2) with respect to the project. ``(d) Urban Area Security Initiative Grants.-- ``(1) Purpose.--A grant under this section for a project that was eligible under the Urban Area Security Initiative referred to in subsection (b)(2) (in this subsection referred to as a `UASI grant') shall be used by a high threat, high density urban area, in conjunction with units of local government, for the purpose of enhancing the capability of State and local jurisdictions to deter, prepare for, and respond to terrorist acts including catastrophic terrorist attacks involving chemical, biological, radiological or nuclear weapons (in this subsection referred to as `CBRN'). ``(2) Authorized uses.--A UASI grant may be used in accordance with this Act solely-- ``(A) to purchase equipment, to provide training, to conduct exercises, to provide technical assistance to State and local first responders, and to analyze intelligence information; ``(B) to construct, modify, or operate a facility in major metropolitan areas that is designated by an appropriate State and the Secretary of Homeland Security as a critical homeland security emergency operation node; and ``(C) for CBRN terrorist prevention and deterrence activities, including to pay full-time (including over- time) salaries of sworn law enforcement officers who work exclusively on intelligence collection, analysis, and prevention activities. ``(3) Allocation on basis of threat, vulnerability, and consequences.--The Secretary may allocate funds for UASI grants based on-- ``(A) a quantitative assessment of-- ``(i) the threats addressed by a grant; ``(ii) the vulnerability off persons and critical infrastructure to such threats; and ``(iii) the economic consequences if a CBRN attack occurs; and ``(B) the sustainability and effectiveness of the activities to be carried out with a grant, except that the weight given to determinations under this subparagraph may not exceed 10 percent of the total of the weight given to all factors considered in awarding UASI grants. ``(4) Priority for past cooperation.--In awarding UASI grants, the Secretary shall give priority to grant applications from persons who demonstrate past patterns of cooperation in preventing CBRN attacks, among a minimum of 3 municipalities in regions or States that adjoin the area where activities will be carried out with the grants. ``(5) Limitations on eligibility of municipalities.-- ``(A) Prior receipt of grant.-- ``(i) Eligibility requirement.--A municipality shall not be eligible for a UASI grant for a fiscal year unless the municipality received such a grant for the preceding fiscal year. ``(ii) Limitation on application of requirement.--Clause (i) shall not apply with respect to a municipality if the Secretary determines, based on consideration of threat, vulnerability, and consequence, that the municipality faces a greater threat of attack by terrorism than such threat faced by a recipient of a UASI grant for the preceding fiscal year. ``(B) Eligibility based on threat, vulnerability, and consequence.--A municipality may not be determined to be eligible or ineligible for a UASI grant except on the basis of threat, vulnerability, and consequence. ``(C) Number.--The number of municipalities treated as eligible for a UASI grant may not exceed 47. ``(D) Sustainability and effectiveness.--For purposes of paragraph (3)(B), activities proposed to be carried out with a UASI grant to a municipality-- ``(i) shall not be considered sustainable unless the amount expended by the municipality during the 2 full fiscal years preceding the award of the grant to support full-time homeland security preparedness averaged at least $50,000,000 per fiscal year; and ``(ii) shall not be considered effective unless the municipality demonstrates its ability to utilize equipment, technology, or intelligence received from the Federal Government on a 24-hours-per-day and 7-days- per-week basis. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Secretary of Homeland Security carry out this section such sums as necessary for each of fiscal years 2007 through 2011. ``(2) Limitations.--Of the amount made available to carry out this section for any fiscal year, not more than 3 percent may be used by the Secretary for salaries and administrative expenses. ``(3) Minimum amount.-- ``(A) In general.--Except as provided in subparagraph (B), each State shall be allocated in each fiscal year under this section not less than 0.25 percent of the total amount appropriated for the fiscal year for grants under this section. ``(B) Territories.--Each of the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands shall be allocated in each fiscal year under this section not less than 0.08 percent of the total amount appropriated for the fiscal year for grants under this section.''.

High Risk Terrorism Prevention Initiative of 2006 - Amends the USA PATRIOT Act to revise provisions regarding domestic preparedness grants to require the Secretary of Homeland Security (currently, the Office for Domestic Preparedness) to make such a grant each fiscal year to each state for a project that was eligible for a grant under the State Homeland Security Grants program or the Urban Area Security Initiative (UASI) made with amounts available for FY2006. Permits the use of grants for UASI-eligible projects: (1) by a high threat, high density urban area to enhance state and local capabilitites to deter, prepare for, and respond to terrorist acts; (2) to purchase equipment, conduct exercises, and provide training and technical assistance to responders and to analyze intelligence information; (3) to construct, modify, or operate a facility in major metropolitan areas designated as a critical homeland security emergency operation node; and (4) for terrorist prevention and deterrence activities involving chemical, biological, radiological, or nuclear weapons. Authorizes the Secretary to allocate funds for UASI grants based on: (1) a quantitative assessment of the threats addressed, the vulnerability of persons and critical infrastructure to such threats, and the economic consequences if an attack occurs; and (2) the sustainability and effectiveness of grant activities. Sets forth provisions concerning grant priorities, municipality eligibility, and minimum allocation amounts.

To amend the USA PATRIOT Act to improve administration and effectiveness of homeland security grant funding, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Energy Paper Manufacturing Act of 2009''. SEC. 2. CREDIT FOR USING ENERGY DERIVED FROM BIOMASS TO POWER DOMESTIC PAPER, PULP AND PAPERBOARD MANUFACTURING PROCESS FACILITIES. (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 inserting after section 45Q the following new section: ``SEC. 45R. ENERGY DERIVED FROM BIOMASS TO POWER DOMESTIC PAPER, PULP AND PAPERBOARD MANUFACTURING PROCESS FACILITIES. ``(a) General Rule.--For purposes of section 38, the renewable green-energy pulp, paper or paperboard manufacturing credit for any taxable year is an amount equal to the product of-- ``(1) $4, multiplied by ``(2) the number of million Btus of steam and electricity-- ``(A) produced by the taxpayer-- ``(i) from biomass fuels, and ``(ii) at a qualified paper product facility (or at an energy production facility which is located in the United States and which is under contract to provide steam or electricity to any qualified paper product facility) during the 10-year period beginning on the later of the date of the enactment of this section or the date the facility was originally placed in service, and ``(B) used by the taxpayer at, or provided by the taxpayer to, any pulp, paper or paperboard manufacturing facility located in the United States. ``(b) Maximum Annual Credit Per Facility.-- ``(1) In general.--The credit determined under this section for energy used during the taxable year at any qualified paper product facility shall not exceed $25,000,000. ``(2) Coordination with advance payments.--The dollar amount in paragraph (1) shall be reduced for any taxable year by the aggregate of the claims made under section 6429 for periods during such year with respect to such facility. ``(c) Denial of Double Benefit.--Btus may not be taken into account under subsection (a)(2) if any credit is allowed under section 40, 40A, 45, or 6426 for the electricity generation, the feedstock, or for the blending of the feedstock associated with the Btus. ``(d) Definitions.--For purposes of this section-- ``(1) Biomass fuels.-- ``(A) In general.--The term `biomass fuels' means any liquid, solid, or gaseous fuel derived from biomass (as defined in section 45K(c)(3)) or from biomass process residuals from recycled and other paper facilities. ``(B) Cofiring with fossil fuels.--In the case of fossil fuel burned in conjunction with any biomass fuel, only the Btus attributable to biomass fuel may be taken into account under subsection (a). ``(2) Qualified paper product facility.--The term `qualified paper product facility' means any pulp, paper, or paperboard manufacturing facility-- ``(A) which is originally placed in service before the close of the 5-year period beginning on the date of the enactment of this section, and ``(B) which is located in the United States. ``(e) Reinvestment Requirement.-- ``(1) In general.--The tax imposed by this chapter for any taxable year shall be increased by the recapture amount (if any) for the 3rd preceding taxable year. ``(2) Recapture amount.--For purposes of paragraph (1), the term `recapture amount' means, with respect to any taxable year, the excess (if any) of-- ``(A) 50 percent of the sum of-- ``(i) the credit determined under this section for the taxable year, and ``(ii) the aggregate payments made under section 6429 to the taxpayer for steam and electricity produced during such year, over ``(B) the aggregate qualified reinvestment made by the taxpayer during such year and the 3 succeeding taxable years (reduced by the qualified reinvestment taken into account in determining the recapture amount for any prior taxable year). ``(3) Qualified reinvestment.-- ``(A) In general.--For purposes of paragraph (2), the term `qualified reinvestment' means the basis of renewable energy projects, energy efficiency projects and other environmental improvements at facilities owned by the taxpayer and located in the United States. ``(B) Reduction for federal benefits.--The basis otherwise taken into account under subparagraph (A) shall be reduced by the aggregate of-- ``(i) the credits under this chapter, and ``(ii) Federal grants, allowed or received on account of the investment. ``(4) When reinvestments taken into account.-- ``(A) In general.--Qualified reinvestment shall be taken into account when the property is placed in service. ``(B) Election.--At the election of the taxpayer with respect to any qualified reinvestment which is constructed by the taxpayer-- ``(i) the estimated amount of such investment shall be treated as made when the physical work of such construction begins, and ``(ii) proper adjustments shall be made to such amount in the taxable year in which such investment is placed in service in any case where such estimate is greater or less than the proper amount. ``(f) Multiple Facility Owners.--If more than 1 person has an ownership interest in a qualified paper product facility, the dollar limitation in subsection (b) shall be allocated among such persons under regulations prescribed by the Secretary.''. (b) Credit Made Part of General Business Credit and Allowable Against Minimum Tax.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the renewable green-energy pulp, paper or paperboard manufacturing credit determined under section 45R.''. (2) Credit allowable against minimum tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by adding at the end the following new clause: ``(ix) the credit determined under section 45R.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Energy derived from biomass to power domestic paper, pulp and paperboard manufacturing process facilities.''. (d) Effective Date.--The amendments made by this section shall apply to energy produced after December 31, 2009, in taxable years ending after such date. SEC. 3. ADVANCE PAYMENTS FOR LIQUID BIOMASS USED AS A FUEL AT PAPER PRODUCT FACILITIES. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to abatements, credits, and refunds) is amended by striking section 6429 and inserting the following new section: ``SEC. 6429. ADVANCE PAYMENTS FOR LIQUID BIOMASS USED AS A FUEL AT PAPER PRODUCT FACILITIES. ``(a) In General.--If any person uses any qualified biomass liquid as a fuel to produce steam or electricity for use at any pulp, paper or paperboard manufacturing facility located in the United States, the Secretary shall pay (without interest) to such person an amount equal to-- ``(1) $4, multiplied by ``(2) the number of million Btus of steam and electricity so produced. ``(b) Maximum Annual Payments Per Facility.--The amount paid by the Secretary under this section for energy used during any taxable year at any qualified paper product facility shall not exceed $25,000,000. ``(c) Qualified Biomass Liquid.--For purposes of this section, the term `qualified biomass liquid' means any liquid-- ``(1) which is derived from-- ``(A) biomass (as defined in section 45K(c)(3)), or ``(B) biomass process residuals from recycled and other paper facilities if such residuals meet the test of liquids set forth in ASTM D4359-90, and ``(2) which is produced by such person at a qualified paper product facility (as defined in section 45R(d)(2)) during the 10-year period beginning on the later of the date of the enactment of this section or the date the facility was originally placed in service. ``(d) Time for Filing Claims; Period Covered.-- ``(1) In general.--A claim may be filed under this section by any person for any period-- ``(A) for which $200 or more is payable, and ``(B) which is not less than 1 week. In the case of an electronic claim, this paragraph shall be applied without regard to subparagraph (A). ``(2) Payment of claim.--Notwithstanding subsection (a), if the Secretary has not paid pursuant to a claim filed under this section within 45 days of the date of the filing of such claim (20 days in the case of an electronic claim), the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(3) Time for filing claim.--No claim filed under this subsection shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. ``(e) Cofiring With Fossil Fuels.--In the case of fossil fuel burned in conjunction with any qualified biomass liquid, only the Btus attributable to the qualified biomass liquid may be taken into account under subsection (a).''. (b) Conforming Amendments.-- (1) The table of sections for such subchapter B is amended by striking the item relating to section 6429 and inserting the following new item: ``Sec. 6429. Advance payments for liquid biomass used as a fuel at paper product facilities.''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``6429,'' after ``6428,''. (c) Effective Date.--The amendments made by this section shall apply to energy produced after December 31, 2009, in taxable years ending after such date.

Green Energy Paper Manufacturing Act of 2009 - Amends the Internal Revenue Code to allow: (1) a general business tax credit, up to $25 million in a taxable year, for the production of energy from biomass fuels for a pulp, paper, or paperboard manufacturing facility located in the United States; and (2) advance payments of credit amounts for liquid biomass used as a fuel to produce steam or energy at any such facility.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax to taxpayers using energy derived from biomass to power domestic paper, pulp and paperboard manufacturing process facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Duck Stamp Act of 1998''. SEC. 2. ELECTRONIC ISSUANCE OF MIGRATORY BIRD HUNTING AND CONSERVATION STAMPS. Section 2 of the Act of March 16, 1934 (16 U.S.C. 718b), is amended by adding at the end the following: ``(c) Electronic Issuance of Stamps.-- ``(1) Definitions.--In this subsection: ``(A) Actual stamp.--The term `actual stamp' means a printed paper stamp that is issued and sold through a means in use on the day before the date of enactment of this subsection. ``(B) Electronic stamp.--The term `electronic stamp' means a representation of a stamp issued electronically under paragraph (2). ``(C) Stamp.--The term `stamp' means a migratory bird hunting and conservation stamp required by the first section. ``(2) Authorization.--The Department of the Interior, the Postal Service, or, subject to paragraph (7), a State or person authorized under subsection (a) to sell stamps, may issue representations of stamps electronically by endorsement affixed to licenses issued at points of sale or through other electronic media. ``(3) Size of electronic stamps.--An electronic stamp shall be of an area that is less than \3/4\, or more than 1\1/2\, of the area of an actual stamp. ``(4) Confirmation number and other identifying information.-- ``(A) Confirmation number.--An electronic stamp shall be assigned a unique confirmation number. ``(B) Other identifying information.--Each issuer of an electronic stamp and unique confirmation number shall print on the electronic stamp appropriate information that is sufficient to permit Federal, State, and other law enforcement officers to verify the electronic stamp, confirmation number, and sales transaction with the licensee. ``(5) Delivery of actual stamps.--An entity that issues electronic stamps shall have financial responsibility for the sale, delivery, and mailing of the corresponding actual stamp to the licensee within 14 calendar days after the date of issuance of the electronic stamp. ``(6) Recognition of electronic stamps.-- ``(A) In general.--An electronic stamp and its unique confirmation number shall-- ``(i) subject to the requirements of the first section, be given full recognition during the period beginning on the date of issuance of the electronic stamp until the date on which the corresponding actual stamp is received; and ``(ii) expire and be replaced by the actual stamp upon receipt of the actual stamp, but not later than 14 calendar days after the date of issuance of the electronic stamp, if the licensee complies with the requirements of the first section. ``(7) Plan.-- ``(A) Submission to secretary of the interior.--A State or person may participate in the issuance of an electronic stamp under this subsection only if the Secretary of the Interior has approved a plan submitted by the State or person that provides for-- ``(i) a satisfactory accounting process for the collection and transfer of revenue; ``(ii) distribution and law enforcement verification of the electronic transaction; and ``(iii) the subsequent distribution of the actual stamp. ``(B) Action by the secretary.--Not later than 60 days after the date of submission of a plan under subparagraph (A), the Secretary of the Interior shall-- ``(i) review the request of the State or person and all accompanying documentation and other information available to the Secretary; and ``(ii) make a determination to approve or disapprove the plan. ``(8) Electronic collection of electronic stamp sales revenue.--Not later than 14 days after the date of issuance of an electronic stamp under this subsection, a State or person shall transfer to the Department of the Interior or a designated agent the revenue collected from the issuance by means of an electronic fund transfer method approved by, and compatible with, the accounting system of the Department of the Interior or the designated agent.''.

Electronic Duck Stamp Act of 1998 - Amends Federal law to allow the Department of the Interior, the Postal Service, or a State or person authorized to sell Federal migratory bird hunting and conservation stamps to issue representations of such stamps electronically by endorsement affixed to licenses issued at points of sale or through other electronic media. Permits such States or persons to participate in the issuance of an electronic stamp only if the Secretary of the Interior has approved a plan submitted by the entity that provides for: (1) a satisfactory accounting process for the collection and transfer of revenue; (2) distribution and law enforcement verification of the electronic transaction; and (3) the subsequent distribution of the actual stamp. Requires such States or persons, not later than 14 days after the issuance of an electronic stamp, to transfer to the Department or designated agent the revenue collected from the issuance by means of an electronic fund transfer method approved by, and compatible with, the Department's or the designated agent's accounting system.

Electronic Duck Stamp Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Albert Einstein Distinguished Educator Fellowship Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Department of Energy has unique mathematics and science capabilities that contribute to mathematics and science education through existing programs within the Department; (2) a need exists to increase understanding, communication, and cooperation between the Department of Energy, other Federal agencies, and the mathematics and science education community; (3) the mathematics and science education community includes a cadre of nationally recognized outstanding elementary and secondary school mathematics and science teachers; (4) elementary and secondary school mathematics and science teachers can provide insight into effective education programs; and (5) a pilot program has confirmed the effectiveness of outstanding elementary and secondary school mathematics and science teachers serving in professional staff capacities in the Senate and the House of Representatives. SEC. 3. PURPOSE; DESIGNATION. (a) Purpose.--It is the purpose of this Act to establish a national fellowship program for outstanding elementary and secondary mathematics and science teachers. (b) Designation.--A recipient of a fellowship under this Act shall be known as an ``Albert Einstein Fellow''. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``contractor'' means a nonprofit educational organization selected by the Secretary to administer the fellowship program authorized under this Act; (2) the term ``Secretary'' means the Secretary of Energy; (3) the term ``elementary school'' has the meaning provided by section 1471(8) of the Elementary and Secondary Education Act of 1965; (4) the term ``local educational agency'' has the meaning provided by section 1471(12) of the Elementary and Secondary Education Act of 1965; (5) the term ``outstanding'', used with respect to an elementary or secondary school mathematics or science teacher, means such a teacher who-- (A)(i) is a State or national winner of the Presidential Award for Excellence in Mathematics and Science Teaching; (ii) has participated in the Woodrow Wilson Fellowship Program; or (iii) has been a recipient of national or State recognition comparable to the recognition described in subparagraph (A) or (B); and (B) has received a sabbatical leave from teaching in order to participate in the fellowship program under this Act, which leave shall provide for the return to a teaching position in the school district in which such individual taught in the academic year preceding such leave; and (6) the term ``secondary school'' has the meaning provided by section 1471(21) of the Elementary and Secondary Education Act of 1965. SEC. 5. FELLOWSHIP PROGRAM AUTHORIZED. (a) In General.-- (1) In general.--(A) Except as provided in subparagraph (B), the Secretary is authorized to establish the Albert Einstein Distinguished Educator Fellowship Program to provide 10 outstanding elementary or secondary school mathematics or science teachers with fellowships in each fiscal year in accordance with this Act. (B)(i) The Secretary may reduce the number of fellowships awarded under this Act in any fiscal year if the amount appropriated pursuant to the authority of section 7 for such year is less than the amount authorized to be appropriated pursuant to such authority for such year. (ii) If the number of fellowships awarded under this Act is reduced pursuant to clause (i) for a fiscal year then the Secretary shall ensure that priority is given to awarding fellowships for such year to individuals selected pursuant to clauses (i) and (ii) of subsection (d)(2)(B). (2) Number of fellowships.--The Secretary shall provide-- (A) 2 outstanding elementary or secondary school mathematics or science teachers with fellowships in the Senate; (B) 2 such teachers with fellowships in the House of Representatives; and (C) 1 such teacher with a fellowship in each of the following: (i) The Department of Energy. (ii) The Department of Education. (iii) The National Institutes of Health. (iv) The National Science Foundation. (v) The Office of Science and Technology Policy. (vi) The National Aeronautics and Space Administration. (3) Term of fellowships.--Fellowships under this Act shall be awarded for a period of 10 months that, to the extent possible, coincide with the academic year. (b) Program Administration.-- (1) Contract.--The Secretary is authorized to enter into a contract with a contractor to enable such contractor to administer the Albert Einstein Distinguished Educator Fellowship Program. (2) Requirements.--The contractors shall provide for-- (A) the development and administration of an application process for the awarding of fellowships under this Act; (B) publication on the fellowship program in appropriate professional publications and invite applications from teachers listed in the directories of the Presidential Awardees, the Woodrow Wilson Fellows, and other national and State recognition programs; (C) the development and administration of an initial screening process of applicants for the Albert Einstein Fellowship Program to narrow the pool of such applicants to 10 outstanding elementary and secondary school mathematics teachers and 10 outstanding elementary and secondary school science teachers; (D) the development and administration of the process whereby final selections of fellowship recipients are made in accordance with subsection (d)(2); (E) the development of a program of orientation for fellowship recipients under this Act; (F) the establishment and administration of a reporting and evaluation program for each year fellowships are awarded under this Act; (G) submission of an annual report and evaluation of the fellowship program under this Act to the Secretary not later than August 31, 1995, and each year thereafter; and (H) the administration of all funds received under this Act, including salaries and expenses incurred in conducting the selection process, and agreements with the local educational agencies or school districts serving the schools at which the outstanding elementary or secondary school mathematics or science teachers taught prior to the award of fellowships under this Act regarding the disbursement of funds to such teachers. (c) Use of Funds.-- (1) In general.--The contractor shall only use funds under this Act for fellowship recipient salaries, the contractor's Federal insurance contributions under chapter 21 of the Internal Revenue Code of 1986, administrative expenses (including information dissemination, direct mailing, advertising, direct staff costs for coordination and accounting services), expenses of conducting an orientation program, relocation expenses, and the expenses of conducting the final selection interviews described in subsection (d)(1). (2) Special rule.--The contractor may seek funding from non-Federal sources to establish an account from which fellowship recipients may be reimbursed for travel, professional meetings, and other appropriate expenses. (d) Selection.-- (1) In general.--The contractor shall invite the 20 semifinalists to Washington, D.C., to participate in interviews after the initial screening process described in subparagraph (C) of subsection (b)(2) is completed. (2) Final selection.--(A) The final selections shall be made in accordance with subparagraph (B) and announced prior to May 1 preceding each fellowship term. (B) The contractor shall develop and conduct a process whereby final selections of fellowship recipients under this Act are made as follows: (i) The Speaker of the House of Representatives and the Minority Leader of the House of Representatives, or their designees, shall each select a fellowship recipient who shall be assigned to the House of Representatives. (ii) The Majority Leader of the Senate and the Minority Leader of the Senate, or their designees, shall each select a fellowship recipient who will be assigned to the Senate. (iii) The Secretary of Energy, the Secretary of Education, the Director of the National Institutes of Health, the Director of the National Science Foundation, the Assistant to the President for Science and Technology Policy, and the Administrator of the National Aeronautics and Space Administration, or their designees, shall each select 1 fellowship recipient who shall be assigned within the department, agency, institute, or office that such individual administers. (e) Final Placement.-- (1) In general.--Each individual selected to receive a fellowship pursuant to subsection (d) shall interview in the various sections, offices, or divisions within the department, agency, institute, or office in which such individual is to be placed. (2) Date.--The final placement described in paragraph (1) shall take place on or before the first day of the fellowship period. SEC. 6. FELLOWSHIP AWARDS. Each recipient of a fellowship under this Act shall be paid during the fellowship period at a rate of pay that shall not exceed the minimum annual rate payable for a position under GS-13 of the General Schedule. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $550,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 through 2001, to carry out this Act.

Albert Einstein Distinguished Educator Fellowship Act of 1994 - Authorizes the Secretary of Energy to establish the Albert Einstein Distinguished Educator Fellowship Program to provide fellowships to ten outstanding elementary or secondary school teachers of mathematics or science in each fiscal year. Provides for assignment of fellowship recipients to the Senate, House of Representatives, Department of Energy, Department of Education, National Institutes of Health, National Science Foundation, Office of Science and Technology, and National Aeronautics and Space Administration. Authorizes the Secretary to contract with a contractor to administer the Program. Authorizes appropriations.

Albert Einstein Distinguished Educator Fellowship Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Relocation Empowerment and Placement Assistance for Iraqi Refugees Act of 2007'' or the ``REPAIR Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has relied on Iraqi nationals who have risked their lives and worked diligently side by side with United States and coalition forces. (2) The United States is grateful to these individuals for the risks they took in assisting the United States and coalition forces. (3) Many of these Iraqi nationals desire to come to the United States to seek protection from threats they face at home because of the work they did for the United States. (4) Special immigrant status is available in limited numbers to Iraqi nationals who have worked directly for the United States Armed Forces as translators. (5) Special immigrant status allows translators and their immediate families to gain admission to the United States, apply for permanent residency, and eventually acquire United States citizenship. (6) Special immigrant status is not available, however, to those individuals who otherwise assisted United States efforts but who were not translators, including cooks, drivers, guides, security personnel, and mechanics. (7) Currently, an individual who applies for special immigrant status for service as a translator is required to file form I-360 with the Nebraska Service Center (NSC) of United States Citizenship and Immigration Services for adjudication at a United States diplomatic or consular post outside of Iraq. The filing fee for the I-360 form is $375. (8) Iraqis are being forced to leave Iraq and travel through potentially hostile territory to obtain special immigrant status and visas. (9) To apply for special immigrant status, an applicant must provide a copy of the applicant's passport or birth certificate showing the applicant is a national of Iraq, provide proof from the United States Armed Forces or United States Chief of Mission in Iraq that the applicant worked as a translator for the Armed Forces at least 12 months, pass a background check and screening by the Armed Forces or the Chief of Mission, provide a letter of recommendation from the Chief of Mission, a general, or a flag officer, and provide a copy of the front and back of the applicant's Arrival Departure Record (Form I-94) if the applicant applies in the United States for such status. SEC. 3. STATEMENTS OF POLICY. The following shall be the policies of the United States: (1) To waive any filing or administrative fees in connection with applications for special immigrant status for those brave and committed Iraqi nationals who have risked their lives to assist the United States Armed Forces as translators. (2) To allow Iraqis to apply for special immigrant status and visas in Iraq at the United States Embassy in Baghdad and at the United States Consulate in Irbil. (3) To allow Iraqis working in any capacity with the Armed Forces to apply for special immigrant status and visas for admission to the United States in the same manner that Iraqi translators currently can. (4) To broaden domestic relocation assistance to Iraqis to include housing credits, cultural counseling, meetings with social workers, and advice on how to work with schools and employment systems. SEC. 4. PROVISIONS RELATING TO SPECIAL IMMIGRANT STATUS FOR IRAQI ALLIES OF THE UNITED STATES. (a) Waiver of Fees; Provision of Documentation.--Notwithstanding any other provision of law or any regulation, an alien described in subsection (b) of section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note), as amended by this section, shall not be charged any filing, administrative, or application fee in connection with an application for, or issuance of, special immigrant status and visa under such section. The Secretary of State shall ensure that aliens described in such subsection who are provided special immigrant status are provided with the appropriate documentation to enter the United States. (b) Other Service Acceptable.--Section 1059(b)(1)(B) of the National Defense Authorization Act for Fiscal Year 2006 is amended-- (1) by inserting ``or with a United States contractor,'' before ``as a translator''; and (2) by inserting after ``interpreter'' the following: ``or in any other capacity''. (c) Additional Military Officers Entitled To Recommend Nationals of Iraq or Afghanistan for Special Immigrant Status.--Section 1059(b)(1)(C) of the National Defense Authorization Act for Fiscal Year 2006 is amended by striking ``a general or flag officer'' and inserting ``an officer serving in or having the grade of O-6 or higher''. (d) Processing for Certain Iraqis.--Notwithstanding any other provision of law, the Secretary of State shall make every effort to ensure that aliens applying for special immigrant status and visas, and aliens applying for refugee status and visas, may apply and interview for admission to the United States as special immigrants or as refugees, as the case may be, within Iraq in Baghdad and in Irbil through in-country processing mechanisms, including mailing applications to off-site locations. (e) Waiver of Numerical Limitations.--Notwithstanding any other provision of law, including subsection (c) of section 1059 of the National Defense Authorization Act for Fiscal Year 2006, aliens provided special immigrant status and visas under such section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). SEC. 5. PROGRAM AT THE DEPARTMENT OF DEFENSE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly establish and operate a program to offer employment to relocated Iraqi special immigrants as translators, interpreters, and cultural awareness instructors within the agencies of Federal Government. (b) Funding.--The program established under subsection (a) shall be funded from the annual general operating budget of the Department of Defense. (c) Rule of Construction Regarding Access to Classified Information.--Nothing in this section may be construed as affecting in any manner practices and procedures regarding the handling of or access to classified information. (d) Information Sharing.--The Secretary of Defense and the Secretary of State shall work with nongovernmental organizations to ensure that Iraqi special immigrants are informed of the program established under subsection (a). (e) Report.-- (1) In general.--Not later than one year after the date determined under subsection (a), the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report on the status of the program established under such subsection and the number of full-time employees of the Federal Government created under such program. (2) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means the following: (A) In the House of Representatives: (i) The Committee on Foreign Affairs. (ii) The Committee on Homeland Security. (iii) The Committee on the Judiciary. (iv) The Committee on Appropriations. (B) In the Senate: (i) The Committee on Foreign Relations. (ii) The Committee on Homeland Security and Governmental Affairs. (iii) The Committee on the Judiciary. (iv) The Committee on Appropriations. SEC. 6. SERVICES UPON ARRIVAL. (a) In General.--Aliens provided special immigrant status and visas pursuant to section 4 shall be eligible for the same resettlement assistance, programs, and benefits as refugees admitted under section 207 of the Immigration and Naturalization Act (8 U.S.C. 1157). The Secretary of of Health and Human Services, in cooperation with the Secretary of State, shall work with nongovernmental organizations to provide such assistance, programs, and benefits and ensure that such aliens are referred to refugee resettlement agencies. (b) Computer Literacy and Vocational Training.--The Secretary of State shall utilize existing programs of the Department of State and contracts between the Department and nongovernmental organizations to make available computer literacy programs and vocational training programs to aliens provided special immigrant status pursuant to section 4. (c) Rule of Construction.--Nothing in this section shall be construed as requiring the cooperation of nongovernmental organizations. SEC. 7. TRAINING AT THE DEPARTMENT OF STATE. Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a program in the Department of State to provide instruction in English as a second language, vocational training, computer training, employment services, and certain counseling services for Iraqis admitted to the United States as special immigrants. SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that the United States should provide an orientation into life in the United States for Iraqi special immigrants under this Act who are newly admitted to the United States and should make all reasonable efforts to provide temporary safe haven for aliens described in section 4 who are applying for special immigrant status and visas if such aliens are in imminent danger in Iraq.

Relocation Empowerment and Placement Assistance for Iraqi Refugees Act of 2007 or REPAIR Act of 2007 - Waives visa and related fees relating to special immigrant status for Afghan or Iraqi nationals who worked with the U.S. Chief of Mission or the U.S. Armed Forces as interpreters or translators. Waives numerical limitations with respect to such special immigrants. Expands such category to include persons who: (1) performed such services with a U.S. contractor; or (2) performed other services. Makes additional U.S. military officers eligible to recommend such nationals for special immigrant status. Directs the Secretary of State (Secretary) to make every effort to ensure that aliens applying for special immigrant status and visas, and aliens applying for refugee status and visas, may apply and interview within Iraq in Baghdad and Irbil through in-country processing mechanisms. Directs the Secretary and the Secretary of Defense to jointly establish a program to offer federal employment to relocated Iraqi special immigrants as translators, interpreters, and cultural awareness instructors. States that such special immigrants shall be eligible for the same resettlement assistance as refugees. Directs the Secretary to provide such special immigrants with computer literacy and vocational training, English language training, and employment and counseling services. Expresses the sense Congress that the United States should provide an orientation into life in the United States for Iraqi special immigrants and should make all reasonable efforts to provide temporary safe haven for alien applicants who are in imminent danger in Iraq.

To provide assistance to Iraqi nationals who supported the United States, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) For more than 100 years before 1999, all disabled military retirees were required to fund their own veterans' disability compensation by forfeiting $1 of earned retired pay for each $1 received in veterans' disability compensation. (2) Since 1999, Congress has enacted legislation every year to progressively expand eligibility criteria for relief of the retired pay disability offset and further reduce the burden of financial sacrifice on disabled military retirees. (3) Absent adequate funding to eliminate the sacrifice for all disabled retirees, Congress has given initial priority to easing financial inequities for the most severely disabled and for combat-disabled retirees. (4) In the interest of maximizing eligibility within cost constraints, Congress effectively has authorized full concurrent receipt for all qualifying retirees with 100 percent disability ratings and all with combat-related disability ratings, while phasing out the disability offset to retired pay over 10 years for retired members with noncombat-related, service-connected disability ratings of 50 percent to 90 percent. (5) In pursuing these good-faith efforts, Congress acknowledges the regrettable necessity of creating new thresholds of eligibility that understandably are disappointing to disabled retirees who fall short of meeting those new thresholds. (6) Congress is not content with the status quo. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that military retired pay earned by service and sacrifice in defending the Nation should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for service-connected disability. SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Section 1414(a) of title 10, United States Code, is amended to read as follows: ``(a) Payment of Both Retired Pay and Compensation.-- ``(1) In general.--Subject to subsection (b), an individual who is a qualified retiree for any month is entitled to be paid both retired pay and veterans' disability compensation for that month without regard to sections 5304 and 5305 of title 38. ``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is entitled for that month to veterans' disability compensation.''. (b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and Veterans' Disability Compensation.--Section 1414 of title 10, United States Code, is further amended-- (1) by striking subsection (c); (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d), as redesignated, by striking subparagraph (4). (c) Clerical Amendments.-- (1) The heading for section 1414 of title 10, United States Code, is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. SEC. 4. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for Tera Retirees.--Section of section 1413a(c) of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and all that follows and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(2) has a combat-related disability''. (b) Amendments to Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of title 10, United States Code, is amended by striking ``rules'' and inserting ``rule''. (2) Standardization with crsc rule for chapter 61 retirees.--Section 1414(b) of such title is amended-- (A) by striking ``Special Rules'' and all that follows through ``is subject to'' in paragraph (1) and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as of January 1, 2006, and shall apply to payments for months beginning on or after that date.

Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.

A bill to amend title 10, United States Code, to permit retired servicemembers who have a service-connected disability to receive disability compensation and either retired pay or Combat-Related Special Compensation and to eliminate the phase-in period with respect to such concurrent receipt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Contracting Flexibility Act of 1998''. SEC. 2. INCREASED FLEXIBILITY IN CONTRACTING FOR MEDICARE CLAIMS PROCESSING. (a) Carriers To Include Entities That Are Not Insurance Companies.--Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended-- (1) in subsection (a), in the matter preceding paragraph (1) by striking ``with carriers'' and inserting ``with agencies and organizations (referred to in this part as `carriers')''; and (2) by striking subsection (f). (b) Choice of Fiscal Intermediaries by Providers of Services; Secretarial Flexibility in Assigning Functions to Intermediaries and Carriers.--(1) Section 1816(a) of such Act (42 U.S.C. 1395h(a)) is amended to read as follows: ``(a)(1) The Secretary may enter into contracts with agencies or organizations to perform any or all of the following functions, or parts of those functions (or, to the extent provided in a contract, to secure performance thereof by other organizations): ``(A) Determine (subject to the provisions of section 1878 and to such review by the Secretary as may be provided for by the contracts) the amount of the payments required pursuant to this part to be made to providers of services. ``(B) Make payments described in subparagraph (A). ``(C) Provide consultative services to institutions or agencies to enable them to establish and maintain fiscal records necessary for purposes of this part and otherwise to qualify as providers of services. ``(D) Serve as a center for, and communicate to individuals entitled to benefits under this part and to providers of services, any information or instructions furnished to the agency or organization by the Secretary, and serve as a channel of communication from individuals entitled to benefits under this part and from providers of services to the Secretary. ``(E) Make such audits of the records of providers of services as may be necessary to insure that proper payments are made under this part. ``(F) Perform the functions described by subsection (d). ``(G) Perform such other functions as are necessary to carry out the purposes of this part. ``(2) As used in this title and title XI, the term `fiscal intermediary' means an agency or organization with a contract under this section.''. (2) Subsections (d) and (e) of section 1816 of such Act (42 U.S.C. 1395h) are amended to read as follows: ``(d) Each provider of services shall have a fiscal intermediary that-- ``(1) acts as a single point of contact for the provider of services under this part; ``(2) makes its services sufficiently available to meet the needs of the provider of services; and ``(3) is responsible and accountable for arranging the resolution of issues raised under this part by the provider of services. ``(e)(1)(A) The Secretary, at least every five years, shall permit each provider of services (other than a home health agency or a hospice program) to choose an agency or organization (from among those proposed by the Secretary, of which at least one has an office in the geographic area of the provider of services, except as provided by subparagraph (B)(ii)(II)) as the fiscal intermediary under subsection (d) for that provider of services. If a contract with that fiscal intermediary is discontinued, the Secretary shall permit the provider of services to choose under the same conditions from among other agencies or organizations. ``(B)(i) The Secretary, in carrying out subparagraph (A), shall permit a group of hospitals or a group of another class of providers (other than home health agencies or hospice programs) under common ownership by, or control of, a particular entity to choose one agency or organization (from among those proposed by the Secretary) as the fiscal intermediary under subsection (d) for all the providers in that group if the conditions specified in clause (ii) are met. ``(ii) The conditions specified in this clause for clause (i) to apply are that-- ``(I) the group includes all the providers of services of that class that are under common ownership by, or control of, that particular entity, and ``(II) all of the providers of services in that group agree that none of the agencies or organizations proposed by the Secretary is required to have an office in any particular geographic area. ``(2) The Secretary, in evaluating the performance of a fiscal intermediary, shall solicit comments from providers of services.''. (3)(A) Section 1816(b)(1)(A) of such Act (42 U.S.C. 1395h(b)(1)(A)) is amended by striking ``after applying the standards, criteria, and procedures'' and inserting ``after evaluating the ability of the agency or organization to fulfill the contract performance requirements''. (B) The first sentence of section 1816(f)(1) of such Act (42 U.S.C. 1395h(f)(1)) is amended-- (i) by striking ``develop standards, criteria, and procedures'' and inserting ``, after public notice and opportunity for comment, develop contract performance requirements'', and (ii) by striking ``, and the Secretary shall establish standards and criteria with respect to the efficient and effective administration of this part''. (C) Section 1842(b)(2) of such Act (42 U.S.C. 1395u(b)(2)) is amended-- (i) in subparagraph (A)-- (I) in the second sentence to read as follows: ``The Secretary shall, after public notice and opportunity for comment, develop contract performance requirements for the efficient and effective performance of contract obligations under this section.'', and (II) by striking the third sentence; (ii) in subparagraph (B), in the matter preceding clause (i), by striking ``establish standards'' and inserting ``develop contract performance requirements'', and (iii) in subparagraph (D), by striking ``standards and criteria'' each place it appears and inserting ``contract performance requirements''. (4)(A) The matter in section 1816(b) of such Act (42 U.S.C. 1395h(b)) preceding paragraph (1) is amended by striking ``an agreement'' and inserting ``a contract''. (B) Paragraphs (1)(B) and (2)(A) of section 1816(b) of such Act (42 U.S.C. 1395h(b)) are each amended by striking ``agreement'' and inserting ``contract''. (C) The first sentence of section 1816(c)(1) of such Act (42 U.S.C. 1395h(c)(1)) is amended by striking ``An agreement'' and inserting ``A contract''. (D) The last sentence of section 1816(c)(1) of such Act (42 U.S.C. 1395h(c)(1)) is amended by striking ``an agreement'' and inserting ``a contract''. (E) The matter in section 1816(c)(2)(A) of such Act (42 U.S.C. 1395h(c)(2)(A)) preceding clause (i) is amended by striking ``agreement'' and inserting ``contract''. (F) Section 1816(c)(3)(A) of such Act (42 U.S.C. 1395h(c)(3)(A)) is amended by striking ``agreement'' and inserting ``contract''. (G) The first sentence of section 1816(f)(1) of such Act (42 U.S.C. 1395h(f)(1)) is amended by striking ``an agreement'' and inserting ``a contract''. (H) Section 1816(h) of such Act (42 U.S.C. 1395h(h)) is amended-- (i) by striking ``An agreement'' and inserting ``A contract''; and (ii) by striking ``the agreement'' each place it occurs and inserting ``the contract''. (I) Section 1816(i)(1) of such Act (42 U.S.C. 1395h(i)(1)) is amended by striking ``an agreement'' and inserting ``a contract''. (J) Section 1816(j) of such Act (42 U.S.C. 1395h(j)) is amended by striking ``An agreement'' and inserting ``A contract''. (K) Section 1816(k) of such Act (42 U.S.C. 1395h(k)) is amended by striking ``An agreement'' and inserting ``A contract''. (L) Section 1816(l) of such Act (42 U.S.C. 1395h(l)) is amended by striking ``an agreement'' and inserting ``a contract''. (M) The matter in section 1842(a) of such Act (42 U.S.C. 1395u(a)) preceding paragraph (1) is amended by striking ``agreements'' and inserting ``contracts''. (N) Section 1842(h)(3)(A) of such Act (42 U.S.C. 1395u(h)(3)(A)) is amended by striking ``an agreement'' and inserting ``a contract''. (5) Section 1816(f)(1) of such Act (42 U.S.C. 1395h(f)(1)) is amended by striking the second sentence. (6)(A) The matter in section 1816(c)(2)(A) of such Act (42 U.S.C. 1395h(c)(2)(A)) preceding clause (i) is amended by inserting ``that provides for making payments under this part'' after ``this section''. (B) Section 1816(c)(3)(A) of such Act (42 U.S.C. 1395h(c)(3)(A)) is amended by inserting ``that provides for making payments under this part'' after ``this section''. (C) Section 1816(k) of such Act (42 U.S.C. 1395h(k)) is amended by inserting ``(as appropriate)'' after ``submit''. (D) The matter in section 1842(a) of such Act (42 U.S.C. 1395u(a)) preceding paragraph (1) is amended by striking ``some or all of the following functions'' and inserting ``any or all of the following functions, or parts of those functions''. (E) The first sentence of section 1842(b)(2)(C) of such Act (42 U.S.C. 1395u(b)(2)(C)) is amended by inserting ``(as appropriate)'' after ``carriers''. (F) The matter preceding subparagraphs (A) in the first sentence of section 1842(b)(3) of such Act (42 U.S.C. 1395u(b)(3)) is amended by inserting ``(as appropriate)'' after ``contract''. (G) The matter in section 1842(b)(7)(A) of such Act (42 U.S.C. 1395u(b)(7)(A)) preceding clause (i) is amended by striking ``the carrier'' and inserting ``a carrier''. (H) The matter in section 1842(b)(11)(A) of such Act (42 U.S.C. 1395u(b)(11)(A)) preceding clause (i) is amended by inserting ``(as appropriate)'' after ``each carrier''. (I) The first sentence of section 1842(h)(2) of such Act (42 U.S.C. 1395u(h)(2)) is amended by inserting ``(as appropriate)'' after ``shall''. (J) Section 1842(h)(5)(A) of such Act (42 U.S.C. 1395u(h)(5)(A)) is amended by inserting ``(as appropriate)'' after ``carriers''. (7)(A) Section 1816(c)(2)(C) of such Act (42 U.S.C. 1395h(c)(2)(C)) is amended by striking ``hospital, rural primary care hospital, skilled nursing facility, home health agency, hospice program, comprehensive outpatient rehabilitation facility, or rehabilitation agency'' and inserting ``provider of services''. (B) The matter in section 1816(j) of such Act (42 U.S.C. 1395h(j)) preceding paragraph (1) is amended by striking ``for home health services, extended care services, or post-hospital extended care services''. (8) Section 1842(a)(3) of such Act (42 U.S.C. 1395u(a)(3)) is amended by inserting ``(to and from individuals enrolled under this part and to and from physicians and other entities that furnish items and services)'' after ``communication''. (9) The matter in section 1842(a) of such Act (42 U.S.C. 1395u(a)) preceding paragraph (1), as amended by subsection (b)(4)(M), is amended by striking ``carriers with which contracts'' and inserting ``single contracts under section 1816 and this section together, or separate contracts with eligible agencies and organizations with which contracts''. (c) Elimination of Special Provisions for Terminations of Contracts.--(1) Section 1816 of such Act (42 U.S.C. 1395h) is amended-- (A) in subsection (b), in the matter preceding paragraph (1), by striking ``or renew''; (B) in the last sentence of subsection (c)(1), by striking ``or renewing''; (C) in subsection (f)(1) by striking ``, renew, or terminate'' and ``, whether the Secretary should assign or reassign a provider of services to an agency or organization,''; and (D) by striking subsection (g). (2) The last sentence of section 1842(b)(2)(A) of such Act (42 U.S.C. 1395u(b)(2)(A)) is amended by striking ``or renewing''. (3) Section 1842(b) of such Act (42 U.S.C. 1395u(b)) is amended by striking paragraph (5). (d) Repeal of Fiscal Intermediary Requirements That Are Not Cost- Effective.--Section 1816(f)(2) of such Act (42 U.S.C. 1395h(f)(2)) is amended to read as follows: ``(2) The contract performance requirements developed under paragraph (1) shall include, with respect to claims for services furnished under this part by any provider of services other than a hospital, whether such agency or organization is able to process 75 percent of reconsiderations within 60 days and 90 percent of reconsiderations within 90 days.''. (e) Repeal of Cost Reimbursement Requirements.--(1) The first sentence of section 1816(c)(1) of such Act (42 U.S.C. 1395h(c)(1)) is amended-- (A) by striking the comma after ``appropriate'' and inserting ``and''; (B) by striking all that follows ``subsection (a)'' up to the period; and (C) by striking the second and third sentences. (2) The first sentence of section 1842(c)(1) of such Act (42 U.S.C. 1395u(c)(1)) is amended-- (A) by striking ``shall provide'' the first place it appears and inserting ``may provide''; (B) by striking ``this part'' and all that follows up to the period; and (C) by striking the second and third sentences. (3) Section 2326(a) of the Deficit Reduction Act of 1984 is repealed. (f) Competition Required for New Contracts and in Cases of Poor Performance.--(1) Section 1816(c) of such Act (42 U.S.C. 1395h(c)) is amended by adding at the end the following: ``(4)(A) A contract with a fiscal intermediary under this section may be renewed from term to term without regard to any provision of law requiring competition if the fiscal intermediary has met or exceeded the performance requirements established in the current contract. ``(B) Functions may be transferred among fiscal intermediaries without regard to any provision of law requiring competition.''. (2) Section 1842(b) of such Act (42 U.S.C. 1395u(b)) is amended by striking everything before paragraph (2) and inserting the following: ``(b)(1)(A) A contract with a carrier under subsection (a) may be renewed from term to term without regard to any provision of law requiring competition if the carrier has met or exceeded the performance requirements established in the current contract. ``(B) Functions may be transferred among carriers without regard to any provision of law requiring competition.''. (g) Waiver of Competitive Requirements for Initial Contracts.--(1) Contracts whose periods begin during the 1-year period that begins on the first day of the fourth calendar month that begins after the date of the enactment of this Act may be entered into under section 1816(a) of the Social Security Act without regard to any provision of law requiring competition. (2) The amendments made by subsection (f) apply to contracts whose periods begin after the end of the 1-year period specified in paragraph (1) of this subsection. (h) Year 2000 Compliance.-- (1) For fiscal intermediaries.--Paragraph (2) of section 1816(f) of such Act (42 U.S.C. 1395h(f)), as amended by subsection (d), is amended-- (A) by striking ``shall include,'' and inserting ``shall include--''; (B) by designating the remainder of such paragraph as subparagraph (A) and indenting it accordingly; (C) by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(B) a requirement that, by such time as the Secretary considers reasonable, the information technology that is used or acquired by the agency or organization to carry out its responsibilities under this title (to the extent that the Secretary finds such information technology is under the control of such agency or organization)-- ``(i) meets the definition of `Year 2000 compliant' under the Federal Acquisition Regulation (concerning accurate processing of date/time data (including calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations) but without regard to whether the information technology is being acquired; and ``(ii) meets such other criteria for year 2000 compliance as the Secretary considers appropriate.''. (2) Carriers.--Section 1842(b)(2)(A) of such Act (42 U.S.C. 1395u(b)(2)(A)) is amended in the first sentence by inserting after ``and other matters as he finds pertinent'' the following: ``(including a requirement that the carrier will meet the requirement of section 1816(f)(2)(B) (relating to year 2000 compliance) in the same manner as such requirement applies to a fiscal intermediary)''. (i) Effective Dates.--(1) The amendments made by subsection (c) apply to contracts whose periods end at, or after, the end of the third calendar month that begins after the date of the enactment of this Act. (2) The amendments made by subsections (a), (b), (d), and (e) apply to contracts whose periods begin after the third calendar month that begins after the date of the enactment of this Act. (3) The amendments made by subsection (h) apply to contracts whose periods begin after the date of the enactment of this Act. (j) Secretary's Authority To Issue Interim Final Regulations.--The Secretary of Health and Human Services is authorized to issue any regulations needed to implement the amendments made by this section as interim final regulations.

Medicare Contracting Flexibility Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with respect to flexibility in contracting for Medicare claims processing. Allows the Secretary of Health and Human Services, through the Health Care Financing Administration, to contract for claims processing with carriers that are not insurance companies. Requires the Secretary, at least every five years, to permit each service provider, including a group of hospitals or a group of another class of providers under common ownership by or control of a particular entity, to choose a fiscal intermediary from among those the Secretary proposes. Revises and reduces the number of contract performance requirements the Secretary must develop for fiscal intermediaries. Permits the non-competitive term renewal of a contract with any fiscal intermediary that has met or exceeded performance requirements. Waives competitive requirements for fiscal intermediary contracts entered within into within a certain period after enactment of this Act. Requires year 2000 compliance by fiscal intermediaries and carriers.

Medicare Contracting Flexibility Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tampon Safety and Research Act of 1997''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Tampons are used by up to 70 percent of menstruating women in the United States today, and the average woman may use as many as 11,400 tampons in her lifetime. (2) Most menstruation products, such as tampons, sanitary pads, and panty liners, contain dioxins to varying degrees, a by-product of a chlorine-bleaching process used in the manufacture of paper products. (3) The effects of dioxin from various sources are cumulative and can be measured 20 to 30 years after exposure. Women may be exposed to dioxin in tampons and other menstrual products for approximately 40 years over the course of their reproductive lives. (4) Internal documents of the Food and Drug Administration suggest the agency has not adequately investigated the danger of dioxin in tampons, according to a 1992 staff report of a subcommittee of the Committee on Government Operations, House of Representatives. (5) The Food and Drug Administration has relied on data provided by feminine hygiene manufacturers in determining product safety. (6) Although the Food and Drug Administration currently requires tampon manufacturers to monitor dioxin levels in their finished products, the information is not readily available to the public. (7) The Environmental Protection Agency has concluded that dioxins are a probable human carcinogen (cancer-causing agent). (8) Recent studies have produced conflicting information about the link between dioxin exposure and increased risks for endometriosis. (9) The Environmental Protection Agency has concluded that people with high exposure to dioxins may be at risk for other noncancer effects that could suppress the immune system, increase the risk of pelvic inflammatory disease, reduce fertility, and interfere with fetal and childhood development. (10) An independent study in 1991 found that tampons commonly included any of the following additives: Chlorine compounds; absorbency enhancers (such as surfactants like polysorbate-20); natural and synthetic fibers (such as cotton, rayon, polyester, and polyacrylate); deodorant; and fragrance. (11) Toxic shock syndrome has been linked to tampon use. Such syndrome is a rare bacterial-caused illness that occurs mostly in menstruating women. During 1979 and 1980, the syndrome was responsible for at least 55 deaths and 1,066 nonfatal cases. (12) Independent research has shown that synthetic fiber additives in tampons amplify toxin production, which is associated with toxic shock syndrome. SEC. 3. NATIONAL INSTITUTES OF HEALTH; RESEARCH ON DIOXIN PURSUANT TO OFFICE OF RESEARCH ON WOMEN'S HEALTH. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended by adding at the end the following section: ``SEC. 486C. CERTAIN PROJECTS REGARDING WOMEN'S HEALTH. ``(a) Dioxin in Feminine Hygiene Products.-- ``(1) In general.--The Director of NIH, in collaboration with the Director of the Office, shall provide for the conduct or support of research to determine the extent to which the presence of dioxin, synthetic fibers, and other additives in tampons and other feminine hygiene products-- ``(A) pose any risks to the health of women who use the products, including risks relating to cervical cancer, endometriosis, infertility, ovarian cancer, breast cancer, immune system deficiencies, pelvic inflammatory disease, and toxic shock syndrome; and ``(B) pose any risks to the health of children of women who used such products during or before the pregnancies involved, including risks relating to fetal and childhood development. ``(2) Requirement regarding data from manufacturers.-- Research under paragraph (1) shall include research to confirm the data on tampons and other feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of such products. ``(3) Definition.--For purposes of paragraph (1), the term `feminine hygiene products' means tampons, pads, liners, and similar products used by women with respect to menstruation or other genital-tract secretions. ``(b) Reports.--Reports on the results of research under subsection (a) shall be periodically submitted to the Congress, the Commissioner of Food and Drugs, the Administrator of the Environmental Protection Agency, and the Consumer Product Safety Commission. Such reports shall be made available to the public through the data system and clearinghouse program established under section 486A, or through other appropriate means.''.

Tampon Safety and Research Act of 1997 - Amends the Public Health Service Act to mandate the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or to the children of women who use those products during or before the pregnancies involved. Requires that the research include research to confirm the data on feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of the products. Requires that research results be submitted to the Congress, specified governmental agencies, and the public.

Tampon Safety and Research Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Childhood Lead Poisoning Prevention Act of 2001''. SEC. 2. LEAD POISONING SCREENING FOR THE HEAD START AND EARLY HEAD START PROGRAMS. Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended-- (1) in the first sentence of subsection (d), by inserting before the period the following: ``and shall comply with subsection (h)''; and (2) by adding at the end the following: ``(h) Lead Poisoning Screening.-- ``(1) In general.--An entity shall-- ``(A) determine whether a child eligible to participate in the program described in subsection (a)(1) has received a blood lead screening test using a test that is appropriate for age and risk factors upon the enrollment of the child in the program; and ``(B) in the case of a child who has not received a blood lead screening test, ensure that each enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Screenings by entities.-- ``(A) In general.--An entity may (under contract or otherwise) perform a blood lead screening test that is appropriate for age and risk factors on a child who seeks to participate in the program. ``(B) Reimbursement.-- ``(i) Children enrolled in or eligible for medicaid.--On the request of an entity that performs or arranges for the provision of a blood lead screening test under subparagraph (A) of a child that is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) of the cost of the test and data reporting. Such costs shall include, if determined to be desirable by the State agency, the costs of providing screening through clinical laboratories certified under section 353 of the Public Health Service Act (42 U.S.C. 263a), or purchasing, for use at sites providing services under this section, blood lead testing instruments and associated supplies approved for sale by the Food and Drug Administration and used in compliance with such section 353. ``(ii) Children enrolled in or eligible for schip.--In the case of a blood lead screening test performed under subparagraph (A) (by the entity or under contract with the entity) on a child who is eligible for or receiving medical assistance under a State plan under title XXI of the Social Security Act, the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, such title XXI, shall reimburse the entity, from funds that are made available under that title, for the enhanced FMAP (as defined in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) of the cost of the test and data reporting. Such costs shall include the costs described in the second sentence of clause (i). ``(3) Authorization for early head start.--There is authorized to be appropriated such sums as may be necessary to carry out this subsection with respect to blood lead screening tests performed under this subsection on an infant or child, and any data reporting with respect to such infant or child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan. ``(4) Rule of construction.--Nothing in this subsection shall be construed as requiring a child eligible to participate in the program described in subsection (a)(1) to undergo a blood lead screening test if the child's parent or guardian objects to the test on the ground that the test is inconsistent with the parent's or guardian's religious beliefs. ``(5) Head start.--The provisions of this subsection shall apply to head start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. SEC. 3. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN. Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by adding at the end the following: ``(4) Lead poisoning screening.-- ``(A) In general.--A State agency shall-- ``(i) determine whether an infant or child eligible to participate in the program under this section has received a blood lead screening test using a test that is appropriate for age and risk factors upon the enrollment of the infant or child in the program; and ``(ii) in the case of an infant or child who has not received a blood lead screening test-- ``(I) refer the infant or child for receipt of the test; and ``(II) determine whether the infant or child receives the test during a routine visit with a health care provider. ``(B) Screenings by state agencies.-- ``(i) In general.--A State agency may (under contract or otherwise) perform a blood lead screening test that is appropriate for age and risk factors on an infant or child who seeks to participate in the program. ``(ii) Reimbursement.-- ``(I) Children enrolled in or eligible for medicaid.--On the request of a State agency that performs or arranges for the provision of a blood lead screening test under clause (i) of an infant or child that is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the State agency, from funds that are made available under that title, for the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) of the cost of the test and data reporting. Such costs shall include, if determined to be desirable by the State agency, the costs of providing screening through clinical laboratories certified under section 353 of the Public Health Service Act (42 U.S.C. 263a), or purchasing, for use at sites providing services under this section, blood lead testing instruments and associated supplies approved for sale by the Food and Drug Administration and used in compliance with such section 353. ``(II) Children enrolled in or eligible for schip.--In the case of a blood lead screening test performed under clause (i) (by the State agency or under contract with the State agency) on an infant or child who is eligible for or receiving medical assistance under a State plan under title XXI of the Social Security Act, the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, such title XXI, shall reimburse the State agency, from funds that are made available under that title, for the enhanced FMAP (as defined in section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) of the cost of the test and data reporting. Such costs shall include the costs described in the second sentence of subclause (I). ``(C) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this paragraph with respect to blood lead screening tests performed under this paragraph on an infant or child, and any data reporting with respect to such infant or child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan. ``(D) Rule of construction.--Nothing in this paragraph shall be construed as requiring a child eligible to participate in the program under this section to undergo a blood lead screening test if the child's parent or guardian objects to the test on the ground that the test is inconsistent with the parent's or guardian's religious beliefs.''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act take effect on the date that is 18 months after the date of enactment of this Act. (b) WIC and Early Head Start Waivers.-- (1) In general.--A State agency or contractor administering the program of assistance under the special supplemental nutrition program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), or an entity carrying out activities under section 645A of the Head Start Act (42 U.S.C. 9840a) may be awarded a waiver from the amendments made by sections 2 and 3 (as applicable) if the State where the agency, contractor, or entity is located establishes to the satisfaction of the Secretary of Health and Human Services, in accordance with requirements and procedures recommended in accordance with paragraph (2) to the Secretary by the Director of the Centers for Disease Control and Prevention, in consultation with the Centers for Disease Control and Prevention Advisory Committee on Childhood Lead Poisoning Prevention, a plan for increasing the number of blood lead screening tests of children enrolled in the WIC and the Early Head Start programs in the State. (2) Development of waiver procedures and requirements.--Not later than 12 months after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention, in consultation with the Centers for Disease Control and Prevention Advisory Committee on Childhood Lead Poisoning Prevention, shall develop and recommend to the Secretary of Health and Human Services criteria and procedures (including a timetable for the submission of the State plan described in paragraph (1)) for the award of waivers under that paragraph.

Early Childhood Lead Poisoning Prevention Act of 2001 - Amends the Head Start Act (HSA) and the Child Nutrition Act (CNA) to require lead poisoning screening for infants and children under Early Head Start programs of HSA and under the special supplemental nutrition program for women, infants, and children (WIC) of CNA.Directs the Secretary of Health and Human Services to reimburse State agencies for the costs of such blood lead screening tests performed by them or by contractors for infants or children who are eligible under Medicaid or the State children's health insurance program (SCHIP) of the Social Security Act.Authorizes State agencies or contractors administering WIC programs, and entities operating Early Head Start programs, to be awarded waivers of requirements under this Act if: (1) they establish plans to increase the number of blood lead screening tests of infants and children enrolled in such programs; and (2) such plans meet requirements set by the Secretary and the Director of the Centers for Disease Control and Prevention.

A bill to amend the Head Start and Early Head Start programs to ensure that children eligible to participate in those programs are identified and treated for lead poisoning, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Value and Independent Appraisal Act''. SEC. 2. PROPERTY APPRAISAL REQUIREMENTS. (a) In General.--Section 129 of the Truth in Lending Act (15 U.S.C. 1639) is amended by adding at the end the following new subsection: ``(m) Property Appraisal Requirements.-- ``(1) In general.--A creditor may not extend credit in the form of a mortgage referred to in section 103(aa) to any consumer, without first obtaining a written appraisal of the property to be mortgaged, prepared in accordance with the requirements of this subsection. ``(2) Appraisal requirements.-- ``(A) Physical property visit.--An appraisal of property to be secured by a mortgage referred to in section 103(aa) does not meet the requirements of this subsection unless it is performed by a qualified appraiser who conducts a physical property visit of the interior of the mortgaged property. ``(B) Second appraisal under certain circumstances.-- ``(i) In general.--If the purpose of a mortgage referred to in section 103(aa) is to finance the purchase or acquisition of the mortgaged property from a person within 180 days of the date of purchase or acquisition of such property by that person at a price that was lower than the current sale price of the property, the creditor shall obtain a second appraisal from a different qualified appraiser. The second appraisal shall include an analysis of the difference in sale prices, changes in market conditions, and any improvements made to the property between the date of the previous sale and the current sale. ``(ii) No cost to consumer.--The cost of any second appraisal required under clause (i) may not be charged to the consumer. ``(C) Qualified appraiser defined.--For purposes of this subsection, the term `qualified appraiser' means a person who-- ``(i) is certified or licensed by the State in which the property to be appraised is located; and ``(ii) performs each appraisal in conformity with the Uniform Standards of Professional Appraisal Practice and title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and the regulations prescribed under such title, as in effect on the date of the appraisal. ``(3) Free copy of appraisal.--A creditor shall provide 1 copy of each appraisal conducted in accordance with this subsection in connection with a mortgage referred to in section 103(aa) to the consumer without charge, at least 3 days prior to the transaction closing date. ``(4) Consumer notification.--At the time of the initial mortgage application, the consumer shall be provided with a statement by the creditor that any appraisal prepared for the mortgage is for the sole use of the creditor, and that the consumer may choose to have a separate appraisal conducted at their own expense. ``(5) Violations.--In addition to any other liability to any person under this title, a creditor found to have willfully failed to obtain an appraisal as required in this subsection shall be liable to the consumer for the sum of $2,000.''. (b) Equal Credit Opportunity Act Amendment.--Section 701(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691(e)) is amended to read as follows: ``(e) Copies Furnished to Applicants.-- ``(1) In general.--Each creditor shall furnish to an applicant, a copy of all appraisal reports and valuations developed in connection with the applicant's application for a loan that is or would have been secured by a lien on residential real property. ``(2) Procedures.--Appraisal reports shall be furnished under this subsection upon written request by the applicant, made within a reasonable period of time of the application and before closing. ``(3) Reimbursement.--The creditor may require the applicant to pay a reasonable fee for the provision of copies of appraisal reports under this subsection. ``(4) Notification to consumers.--The creditor shall notify (pursuant to regulations prescribed by the Board) an applicant in writing of the right to receive a copy of each appraisal report, under this subsection.''. (c) Unfair and Deceptive Acts and Practices Relating to Certain Consumer Credit Transactions.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 129 the following new section: ``SEC. 129A. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO CERTAIN CONSUMER CREDIT TRANSACTIONS. ``(a) In General.--It shall be unlawful, in providing any mortgage lending services for a consumer credit transaction secured by the principal dwelling of the consumer or any mortgage brokerage services for such a transaction, to engage in any unfair or deceptive act or practice. ``(b) Appraisal Independence.--For purposes of subsection (a), unfair and deceptive acts or practices shall include-- ``(1) any appraisal of a property offered as security for repayment of the consumer credit transaction that is conducted in connection with such transaction, in which a person with an interest in the underlying transaction coerces, bribes, extorts, colludes, or otherwise improperly influences a person conducting or involved in an appraisal, or attempts to coerce, bribe, extort, collude, or otherwise improperly influence such a person, for the purpose of causing the appraised value assigned under the appraisal to the property to be based on any factor other than the independent judgment of the appraiser; ``(2) mischaracterizing or suborning any mischaracterization of, the appraised value of the property securing the extension of credit; ``(3) seeking to influence an appraiser or otherwise to encourage a targeted value in order to facilitate the making or pricing of the transaction; and ``(4) failing to timely compensate an appraiser for a completed appraisal, regardless of whether the transaction closes. ``(c) Exceptions.--The requirements of subsection (b) may not be construed as prohibiting a mortgage lender, mortgage broker, mortgage banker, real estate broker, or any other person with an interest in a real estate transaction from asking an appraiser to correct errors in the appraisal report. ``(d) Rulemaking Proceedings.--The Board and the Federal Trade Commission-- ``(1) shall jointly prescribe regulations defining with specificity acts or practices which are unfair or deceptive in the provision of mortgage lending services for a consumer credit transaction secured by the principal dwelling of the consumer or mortgage brokerage services for such a transaction, within the meaning of subsections (a), (b), and (c); and ``(2) may jointly issue interpretive guidelines and general statements of policy with respect to unfair or deceptive acts or practices in the provision of mortgage lending services for a consumer credit transaction secured by the principal dwelling of the consumer and mortgage brokerage services for such a transaction, within the meaning of subsections (a), (b), and (c). ``(e) Definitions.--For purposes of this section-- ``(1) the terms `mortgage brokerage services' and `mortgage lending services', have the meanings given such terms in section 13(f) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2611(f)); and ``(2) the term `improperly influence' means any attempt to manipulate, through coercion, extortion, collusion, intimidation, non-payment for services rendered, direct or indirect compensation, or bribery, the development, reporting, result, or review of a property appraisal. ``(f) Penalties.-- ``(1) First violation.--In addition to the enforcement provisions referred to in section 130, each person who violates this section shall forfeit and pay a civil penalty of not more than $10,000 for each day during which any such violation continues. ``(2) Subsequent violations.--In the case of any person on whom a civil penalty has been imposed under paragraph (1), paragraph (1) shall be applied by substituting `$20,000' for `$10,000' with respect to all subsequent violations. ``(3) Assessment.--The agency referred to in subsection (a) or (c) of section 108 with respect to any person described in paragraph (1) shall assess any penalty under this subsection to which such person is subject.''. (d) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new item: ``Sec. 129A. Unfair and deceptive practices and acts relating to certain consumer credit transactions.''.

Fair Value and Independent Appraisal Act - Amends the Truth in Lending Act to prohibit a creditor from extending a mortgage to any consumer without first obtaining a written appraisal of the property to be mortgaged, prepared in accordance with specified requirements. Requires a creditor to provide a copy of each such appraisal to the consumer without charge, at least three days prior to the transaction closing date. Declares unfair or deceptive specified property appraisal practices in the provision of: (1) mortgage lending services for a consumer credit transaction secured by the consumer's principal dwelling; or (2) any mortgage brokerage services for such a transaction. Establishes civil monetary penalties for such practices. Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to jointly prescribe regulations defining such unfair or deceptive acts or practices.

A bill to diminish predatory lending by enhancing appraisal quality and standards, to improve appraisal oversight, to ensure mortgage appraiser independence, to provide for enhanced remedies and enforcement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Speech on Campus Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) free speech is a fundamental right and a safeguard against political and intellectual tyranny; (2) curtailment of free speech strikes twice at intellectual freedom, for whoever deprives a person of the right to state unpopular views necessarily deprives other persons of the right to listen to the views; (3) the primary and traditional function of a university is to disseminate knowledge and assist in the search for truth, and, in order to carry out the function, to do everything possible to ensure the free exchange of ideas and the fullest degree of intellectual freedom; (4) therefore, to carry out the function of the university, every member of the university has an obligation to permit free expression, and every university official has a special obligation to foster freedom of speech and to ensure that the speech is not obstructed, at the university; and (5) unfortunately, some universities and other institutions of higher education are using Federal funds to institute prior restraints on speech, by taking action such as instituting behavior codes and harassment policies that require ``politically correct'' speech, with the effect of suppressing unpopular viewpoints. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that students attending universities, or other institutions of higher education, that receive Federal funds should be able to exercise full rights to freedom of speech on campus free from official intrusion. SEC. 4. PROHIBITION OF DISCRIMINATION. (a) In General.--Title IX of the Education Amendments of 1972 is amended by inserting after section 901 (20 U.S.C. 1681) the following new section: ``SEC. 901A. PROHIBITION OF DISCRIMINATION BASED ON PROTECTED SPEECH. ``(a) Prohibition.-- ``(1) In general.--Except as provided in paragraph (2), no student attending an institution of higher education shall, on the basis of protected speech, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under, any education program or activity receiving Federal financial assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(2) Religious and military institutions.--Paragraph (1) shall not apply to an institution of higher education-- ``(A) that is controlled by or affiliated with a religious organization, if the application of this section would not be consistent with the religious tenets of such organization; or ``(B) whose primary purpose is the training of individuals for-- ``(i) the military service of the United States; or ``(ii) the merchant marine. ``(b) Construction.--Nothing in subsection (a) shall be construed to prevent-- ``(1) the imposition of an official sanction on a student determined to have willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance, made or scheduled to be made, under the auspices of the institution of higher education; or ``(2) actions by the institution of higher education that are necessary to ensure-- ``(A) the physical safety of individuals; ``(B) the protection of property; and ``(C) the continuation of the academic and administrative process without interference. ``(c) Definitions.--As used in this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). ``(2) Protected speech.--The term `protected speech' means speech that is protected under the first and fourteenth amendments to the United States Constitution, or would be so protected if the institution of higher education were subject to those amendments. ``(3) Official sanction.--The term `official sanction'-- ``(A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or an administrative unit of the institution; and ``(B) includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official.''. (b) Federal Administrative Enforcement.--Section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) is amended in the first sentence by striking out ``section 901'' and inserting ``sections 901 and 901A''.

Freedom of Speech on Campus Act of 1993 - Expresses the sense of the Congress that students attending universities or other institutions of higher education that receive Federal funds should be able to exercise full rights to freedom of speech on campus free from official intrusion. Amends the Education Amendments of 1972 to prohibit discrimination by an institution of higher education against a student based on protected speech in any education program or activity receiving Federal financial assistance under the Higher Education Act of 1965. Makes such prohibition inapplicable to religious or military institutions. Provides that such prohibition shall not be construed to prevent: (1) imposition of an official sanction on a student determined to have willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education; or (2) actions by such institution that are necessary to ensure the safety of individuals, protection of property, and continuation of the academic and administrative process without interference.

Freedom of Speech on Campus Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity for School Teachers Act of 2006''. SEC. 2. DEDUCTION FOR CERTAIN PROFESSIONAL DEVELOPMENT EXPENSES AND CLASSROOM SUPPLIES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS AND FOR CERTAIN CERTIFICATION EXPENSES OF SCIENCE, TECHNOLOGY, ENGINEERING, OR MATH TEACHERS. (a) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain expenses of elementary and secondary school teachers) is amended to read as follows: ``(D) Certain professional development expenses, classroom supplies, and other expenses for elementary and secondary teachers.--The sum of the deductions allowed by section 162 with respect to the following expenses: ``(i) Expenses paid or incurred by an eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. ``(ii) Expenses paid or incurred by an eligible educator which constitute qualified professional development expenses. ``(iii) Expenses which are related to the initial certification of an individual (in the individual's State licensing system) as a qualified science, technology, engineering or math teacher.''. (b) Definitions and Special Rules.--Section 62(d) of the Internal Revenue Code of 1986 (relating to definitions and special rules is amended by redesignating paragraph (2) as paragraph (5) and by adding after paragraph (1) the following new paragraphs: ``(2) Qualified professional development expenses.--For purposes of subsection (a)(2)(D)-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible educator provides instruction, ``(II) designed to enhance the ability of an eligible educator to understand and use State standards for the academic subjects in which such teacher provides instruction, or ``(III) designed to enable an eligible educator to meet the highly qualified teacher requirements under the No Child Left Behind Act of 2001, ``(ii) may provide instruction to an eligible educator-- ``(I) in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to the ability of an eligible educator to enable students to meet challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in assisting an eligible educator in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible educator, and ``(v) is part of a program of professional development for eligible educators which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subsection. ``(3) Qualified science, technology, engineering, or math teacher.--For purposes of subsection (a)(2)(D), the term `qualified science, technology, engineering, or math teacher' means, with respect to a taxable year, an individual who-- ``(A) has a bachelor's degree or other advanced degree in a field related to science, technology, engineering, or math, ``(B) was employed as a nonteaching professional in a field related to science, technology, engineering, or math for not less than 3 taxable years during the 10- taxable-year period ending with the taxable year, ``(C) is certified as a teacher of science, technology, engineering, or math in the individual's State licensing system for the first time during such taxable year, and ``(D) is employed at least part-time as a teacher of science, technology, engineering, or math in an elementary or secondary school during such taxable year. ``(4) Exemption from minimum education or new trade or business exception.--For purposes of applying subsection (a)(2)(D) and this subsection, the determination as to whether qualified professional development expenses, or expenses for the initial certification described in subsection (a)(2)(D)(iii), are deductible under section 162 shall be made without regard to any disallowance of such a deduction under such section for such expenses because such expenses are necessary to meet the minimum educational requirements for qualification for employment or qualify the individual for a new trade or business.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Tax Equity for School Teachers Act of 2006 - Amends the Internal Revenue Code to: (1) reinstate and revise the tax deduction for certain expenses of elementary and secondary school teachers (allowed whether or not the taxpayer itemizes other deductions); (2) make such deduction permanent; and (3) expand such deduction to include expenses for professional development and expenses related to the initial certification of qualified science, technology, engineering, or math teachers.

A bill to amend the Internal Revenue Code of 1986 to allow an above-the-line deduction for certain professional development and other expenses of elementary and secondary school teachers and for certain certification expenses of individuals becoming science, technology engineering, or math teachers.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medicaid DSH Integrity Act''. (b) Findings.--Congress finds the following: (1) Medicaid disproportionate share hospital (``DSH'') payments are a critical source of funding for many safety net hospitals that provide essential access to care for the poor and uninsured. (2) The statutory reporting and auditing requirements added by the Medicare Prescription Drug Improvement and Modernization Act of 2003 are important to provide assurances to Congress, the Department of Health and Human Services, States and the public that DSH funds are being used to fulfill their intended statutory purpose of assisting hospitals that serve a disproportionate share of low-income individuals. (3) The Centers for Medicare & Medicaid Services issued Medicaid DSH auditing and reporting regulations (as defined in section 2(d)) that, in implementing those reporting and auditing requirements, also implemented changes to underlying DSH policy which have the effect of narrowing the scope of DSH payments that may be made for many States. (4) In adding those reporting and auditing requirements, Congress did not intend to alter the definition of DSH-eligible costs or to narrow the scope of DSH payments that may be made under the existing DSH program and the substantive standards in section 1923(g) of the Social Security Act (42 U.S.C. 1396r- 4(g)). (5) The policy changes in such regulations would result in DSH payment reductions of millions of dollars to critical safety net providers that have long participated in the Medicaid DSH program under payment methodologies previously approved by CMS. SEC. 2. REVISION OF MEDICAID DSH AUDITING AND REPORTING REGULATIONS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with States and disproportionate share hospitals (as determined for purposes of the Medicaid DSH program), shall-- (1) indicate, in appropriate guidance, that CMS does not intend to enforce any changes in policy related to the calculation of the limits under section 1923(g)(1)(A) of the Social Security Act that were contained in the Medicaid DSH auditing and reporting regulations; and (2) publish an interim final rule to revise the Medicaid DSH auditing and reporting regulations at sections 447.299(c) and 455.304 of title 42, Code of Federal Regulations, as necessary-- (A) to correct policy changes related to the calculation of the limits under section 1923(g)(1)(A) of the Social Security Act; (B) to provide appropriate guidance for otherwise implementing the Medicaid DSH auditing and reporting regulations; and (C) to provide for the regulatory changes described in subsection (b). (b) Regulatory Changes To Be Included in New Interim Final Rule.-- The regulatory changes described in this subsection are the following: (1) In defining the costs of furnishing services to individuals with no health insurance (or other source of third- party coverage), CMS shall permit inclusion of all costs related to services provided to patients with no insurance for the service rendered, even if the patient has insurance that covers other services. The receipt by a hospital of nominal payments related to a service shall not constitute health insurance or a source of third-party coverage. (2) Consistent with prior guidance of CMS contained in a letter to State Medicaid directors on August 17, 1994, CMS shall permit States to use the definition of allowable costs in its State Medicaid plan, or any other definition, in computing such costs as long as the costs determined under such a definition do not exceed the amounts that would be allowable under the Medicare principles of cost reimbursement. CMS shall interpret the language of the audit requirement at section 1923(j)(2)(C) of the Social Security Act describing ``inpatient hospital and outpatient hospital services'' to be consistent with the term ``hospital services'' as used in section 1923(g)(1)(A) of such Act and not to indicate an intent by Congress for a more restrictive interpretation of such section 1923(g)(1)(A). (3) CMS shall, as appropriate, revise the General DSH Audit and Reporting Protocol referenced in the Medicaid DSH auditing and reporting regulations and issued at the same time as those regulations, in particular, to permit the use of either an overall cost-to-charge ratio or departmental cost-to-charge ratios. (4) CMS shall revise section 455.304(d)(2) of title 42, Code of Federal Regulations, to permit alternative methodologies for determining actual costs, including through trending forward costs from prior years. (c) Initiation of Requirements.-- (1) In general.--Section 1923(j) of the Social Security Act (42 U.S.C. 1396r-4(j)) is amended by striking ``2004'' and inserting ``2008''. (2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (d) Definitions.--In this Act: (1) The term ``CMS'' means the Centers for Medicare & Medicaid Services. (2) The term ``Medicaid DSH auditing and reporting regulations'' means the final regulation issued on December 19, 2008, and published beginning at 73 Federal Register 77904. (3) The term ``Medicaid DSH program'' means the program of payment adjustments under section 1923 of the Social Security Act (42 U.S.C. 1396r-4). (4) The term ``Secretary'' means the Secretary of Health and Human Services, acting through CMS.

Medicaid DSH Integrity Act - Directs the Secretary of Health and Human Services (HHS) to indicate, in appropriate guidance, that the Centers for Medicare & Medicaid Services (CMS) do not intend to enforce any changes in policy related to calculating the limits on the adjustment in payment under title XIX (Medicaid) of the Social Security Act for inpatient hospital services furnished by disproportionate share hospitals (DSH) that were contained in the Medicaid DSH auditing and reporting regulations the CMS issued pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003. Requires the Secretary to publish an interim final rule to revise such regulations as necessary to: (1) correct such policy changes; (2) provide appropriate guidance for otherwise implementing those auditing and reporting regulations; and (3) provide for specified regulatory changes to be included in the new interim rule. Requires the CMS, in defining the costs of furnishing services to individuals with no health insurance (or other source of third-party coverage), to permit inclusion of all costs related to services provided to patients with no insurance for the service rendered, even if the patient has insurance that covers other services. Declares that the receipt by a hospital of nominal payments related to a service shall not constitute health insurance or a source of third-party coverage.

To direct the Secretary of Health and Human Services to revise regulations implementing the statutory reporting and auditing requirements for the Medicaid disproportionate share hospital ("DSH") payment program to be consistent with the scope of the statutory provisions and avoid substantive changes to preexisting DSH policy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Agent Emergency Uniform Response Act''. SEC. 2. PROTOCOLS FOR UNIFORM NATIONAL RESPONSES TO PUBLIC HEALTH EMERGENCIES INVOLVING DANGEROUS BIOLOGICAL AGENTS OR DANGEROUS CHEMICALS. (a) In General.-- (1) Protocols through joint interdepartmental working group.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in carrying out section 319F(b) of the Public Health Service Act, shall develop protocols for responding to public health emergencies resulting from the release of dangerous biological agents or dangerous chemicals, including the intentional release of such agents or chemicals. (2) Consultation with states.--In carrying out this section, the Secretary shall consult with the States, including the chief public health officers and the attorneys general of the States. (b) Hazardous Agents.-- (1) In general.--For purposes of this section, the term ``hazardous agents'' means dangerous biological agents and dangerous chemicals. (2) Dangerous biological agents.--For purposes of this section, the term ``dangerous biological agent'' means a biological agent or toxin that-- (A) is on the list that is in effect pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996; and (B) has not been exempted from the applicability of regulations under section 511(e) of such Act. (3) Dangerous chemicals.-- (A) In general.--For purposes of this section, the term ``dangerous chemical'' means a chemical listed under subparagraph (B). (B) List of chemicals.--Not later than 45 days after the date of the enactment of this Act, the Secretary, in consultation with the Chemical Safety and Hazard Investigation Board under section 112(r)(6) of the Clean Air Act, shall develop a list of chemicals that are considered by the Secretary-- (i) to be substances that are known to cause, or may reasonably be anticipated to cause, death or other serious adverse effects on human health, which substances shall include substances listed under section 112(r)(3) of such Act; and (ii) to be candidates for use by individuals who intend to cause death or other serious adverse effects on human health by intentionally releasing the chemicals. (c) Agent-Specific Protocols.--A protocol under subsection (a) shall be developed for each hazardous agent. Such a protocol shall include provisions specific to the hazardous agent involved, unless the Secretary determines that the agent has no unique characteristics relevant to making an adequate response to a public health emergency resulting from the release of the agent. (d) Priorities; Timeframe.-- (1) Priorities.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall with respect to the development of protocols under subsection (a) establish priorities among hazardous agents. (2) Timeframe.--Promptly after establishing priorities under paragraph (1), the Secretary shall begin developing a protocol under subsection (a) for the hazardous agent assigned the highest priority. In developing such protocol, and each other protocol under such subsection, the Secretary shall seek to complete development not later than 45 days after beginning the process of development. Promptly after completing the development of one protocol, the Secretary shall begin developing another protocol. (e) Uniformity; Testing; Other Provisions.--The provisions of a protocol under subsection (a) shall include provisions for the following: (1) Ensuring that the protocol is applied uniformly in each public health emergency involving the hazardous agent for which the protocol is developed, subject to factual differences among emergencies. (2) Coordinating with public and private emergency response personnel, including State and local public health officials, to provide for such uniformity. (3) Providing medically appropriate information promptly to individuals who are present at buildings or other sites at which the public health emergency involved occurs, including individuals with employment functions at such sites. (4) Testing and treating affected individuals promptly with respect to such agent. (5) Decontaminating sites referred to in paragraph (3). (6) Providing for differences in responding to an emergency according to whether the release of the hazardous agent involved is accidental or intentional. (7) Such other provisions as the Secretary determines to be appropriate. (f) Periodic Review.--The Secretary shall periodically review protocols under subsection (a) and shall revise the protocols as appropriate. (g) Development Exemptions.--The requirement under subsection (a) to develop a protocol for a hazardous agent does not apply if the Secretary makes a determination that a protocol existing as of the date of the enactment of this Act meets the requirements of this section (which determination is referred to in this section as a ``development exemption''). Not later than 30 days after such date of enactment, the Secretary shall submit to the Congress a report providing a list of the hazardous agents for which the Secretary has provided development exemptions. Such an exemption may not be construed as affecting the applicability of the requirements of review and revision under subsection (f). (h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2006. Such authorization of appropriations is in addition to other authorizations of appropriations that are available for such purpose.

Hazardous Agent Emergency Uniform Response Act - Directs the Secretary of Health and Human Services to develop protocols for responding to public health emergencies resulting from the release of dangerous biological agents or chemicals. Requires such protocols to be : (1) specific to the hazardous agent involved (unless the agent has no unique characteristics); and (2) uniformly applied through coordination with emergency response personnel, dissemination of appropriate medical information, testing, treatment, and decontamination. Requires differentiated responses for intentional (as opposed to accidental) releases.

To provide for the development of protocols for uniform national responses to public health emergencies involving dangerous biological agents or dangerous chemicals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Uniformity Act of 2016.'' SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. (a) Findings.--Congress finds the following: (1) Over the past half century, Congress has passed numerous civil rights laws prohibiting discrimination on the basis of ``sex,'' a designation long understood to be grounded in objective biology up to the present day. There is no evidence that Congress or the American people ever understood the word sex or gender in civil rights laws to include subjective self-identification. (2) For years, advocates have pressed Congress to include a person's subjective self-declared ``gender identity'' in Federal civil rights laws that prohibit sex discrimination. Congress has declined to do so except for the Shepard-Byrd Act of 2009 and the Violence Against Women Reauthorization Act of 2013 where gender identity is defined as ``actual or perceived gender-related characteristics'' with ``gender'', there referring to characteristics associated with biological males and females. (3) This demonstrates that when Congress wants to protect sex, it does so explicitly; when it wants to also elevate gender identity it does so explicitly; and when it does not want to elevate gender identity, it can do so either explicitly or by simply not disturbing the status quo. (4) Despite the complete clarity of this point, President Barack Obama's administration has attempted to effectively replace the word ``sex'' with the phrase ``gender identity'' for purposes of Federal antidiscrimination law and policy through a series of unilateral executive actions. (5) For example, on December 15, 2014, Attorney General Eric Holder announced that the Department of Justice would reinterpret the ban on ``sex'' discrimination under title VII of the Civil Rights Act of 1964 to encompass ``gender identity.'' This was followed on March 27, 2015, by an Equal Employment Opportunity Commission decision holding that declining to use a female pronoun to address a male who identifies as female constituted ``sex'' discrimination under title VII. (6) On May 9, 2016, the Obama administration sued the State of North Carolina and threatened it with fines and loss of Federal funding if it did not adopt the administration's incorrect readings of title VII of the Civil Rights Act of 1964 and title IX of the Education Amendments of 1972. (7) On May 13, 2016, the Departments of Justice and Education issued a ``significant guidance'' letter stating that under title IX of the Education Amendments of 1972 ``when a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.'' The guidance further states that schools ``must treat a student's gender identity as the student's sex'' including in the context of ``sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes.'' In other words, the Departments consider it a title IX violation if a person of the male sex who self-identifies as a female is not granted unfettered access to women's or girls' dorms, showers, locker rooms, and bathrooms. This, despite assurance that such a thing would never happen from the likes of Ruth Bader Ginsburg who wrote in 1975 that ``separate places to disrobe, sleep, perform personal bodily functions are permitted, in some situations required, by regard for individual privacy.'' This position was codified in Federal regulations, 34 CFR 106.33, which state that recipients of Federal funds ``may provide separate toilet, locker room, and shower facilities on the basis of sex,'' with sex obviously referring to biology. (8) Also on May 13, 2016, the Department of Health and Human Services finalized regulations that redefined the Affordable Care Act's prohibition on ``sex'' discrimination in federally funded health programs and activities to cover ``gender identity'', thereby opening health care professionals and insurers to extensive liability if they decline to participate in or pay for ``gender transition'' treatments or ``sex change'' operations. (9) The Obama administration's actions are an affront to the rule of law, the separation of powers, the will of the people, language, history, safety, privacy, and biological realities. (b) Purpose.--The purposes of this Act are-- (1) to prevent the executive branch from unilaterally rewriting Federal civil rights laws by enacting or implementing any policy or undertaking any enforcement action that is based on construing the term ``sex'' or ``gender'' to mean ``gender identity''; and (2) to ensure that gender identity is not treated as a protected class in Federal law or policy without the affirmative approval of the people's representatives in Congress. SEC. 3. PROHIBITION OF POLICIES REDEFINING SEX TO MEAN GENDER IDENTITY. (a) Rule of Construction.--In determining the meaning of any Federal civil rights law, and of any related ruling, regulation, guidance, or interpretation of the various administrative bureaus and agencies of the United States, the words ``sex'' and ``gender'' and their equivalents shall not be interpreted to mean ``gender identity'' or its equivalent, and the words ``man'' and ``woman'' and their equivalents shall refer exclusively to a person's sex. (b) Rule of Interpretation.--No Federal civil rights law shall be interpreted to treat gender identity or transgender status as a protected class, unless such law expressly designates ``gender identity'' or ``transgender status'' as a protected class. (c) Definition of ``Federal Civil Rights Law''.--For purposes of this Act, the term ``Federal civil rights law'' means any Federal law prohibiting discrimination on the basis of sex or gender, including title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), the Fair Housing Act (42 U.S.C. 3601 et seq.), the Patient Protection and Affordable Care Act (Public Law 111-148), and any other Federal law or provision thereof prohibiting discrimination on the basis of sex or gender.

Civil Rights Uniformity Act of 2016 This bill prohibits the word "sex" or "gender" from being interpreted to mean "gender identity," and requires "man" or "woman" to be interpreted to refer exclusively to a person's sex, for purposes determining the meaning of federal civil rights laws or related federal administrative agency regulations or guidance. No federal civil rights law shall be interpreted to treat gender identity or transgender status as a protected class, unless it expressly designates "gender identity" or "transgender status" as a protected class.

Civil Rights Uniformity Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Improvement Tax Cut Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. CONTRIBUTIONS TO ORGANIZATIONS PROVIDING ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. ``(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 scholarship contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $3,000 ($1,500 in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified Scholarship Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified scholarship contribution' means, with respect to any taxable year, the amount which would (but for subsection (e)) be allowable as a deduction under section 170 for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarships are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 2002, each dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Contributions to organizations providing elementary or secondary school scholarships.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. CREDIT FOR CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. ``(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 school materials contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $3,000 ($1,500 in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified School Materials Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified school materials contribution' means, with respect to any taxable year, the amount which would (but for subsection (e)) be allowable as a deduction under section 170 for-- ``(A) any cash contribution to any elementary or secondary school if such contribution is designated to be used solely to acquire qualified school materials, ``(B) any contribution of qualified school materials to any elementary or secondary school, and ``(C) any cash contribution to a school materials organization. ``(2) Elementary or secondary school.--The term `elementary or secondary school' means any organization described in section 170(b)(1)(A)(ii) which provides education solely at or below the 12th grade. ``(3) School materials organization.-- ``(A) In general.--The term `school materials organization' means any organization described in section 170(c)(2) if-- ``(i) the primary function of the organization is to raise funds for elementary or secondary schools, and ``(ii) the annual disbursements of the organization for qualified school materials which are provided to elementary and secondary schools are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Qualified school materials.--The term `qualified school materials' means-- ``(i) instructional materials and equipment, including library books and materials, computers, and computer software, and ``(ii) materials and equipment for school- sponsored extracurricular activities. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) Cost-of-Living Adjustment.--In the case of any taxable year beginning in a calendar year after 2002, each dollar amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Contributions of and for instructional materials and materials for extracurricular activities.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Education Improvement Tax Cut Act - Amends the Internal Revenue Code to: (1) allow a credit (of up to $3,000) against income tax for qualified scholarship contributions; and (2) allow a credit (of up to $3,000) against income tax for qualified school materials contributions.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts contributed to charitable organizations which provide elementary or secondary scholarships and for contributions of, and for, instructional materials and materials for extracurricular activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Protection Initiative of 1996''. SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following new section: ``SEC. 926B. CARRYING OF CONCEALED FIREARMS BY QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS. ``(a) In General.--Notwithstanding any provision of the law of any State or any political subdivision of a State, an individual may carry a concealed firearm if that individual is-- ``(1) a qualified law enforcement officer or a qualified former law enforcement officer; and ``(2) carrying appropriate written identification. ``(b) Effect on Other Laws.-- ``(1) Common carriers.--Nothing in this section shall be construed to exempt from section 46505(b)(1) of title 49, any-- ``(A) qualified law enforcement officer who does not meet the requirements of section 46505(d) of title 49; or ``(B) qualified former law enforcement officer. ``(2) Federal laws.--Nothing in this section shall be construed to supersede or limit any Federal law or regulation prohibiting or restricting the possession of a firearm on any Federal property, installation, building, base, or park. ``(3) State laws.--Nothing in this section shall be construed to supersede or limit the laws of any State that-- ``(A) grant rights to carry a concealed firearm that are broader than the rights granted under this section; ``(B) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or ``(C) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. ``(c) Definitions.--As used in this section-- ``(1) the term `appropriate written identification' means, with respect to an individual, a document that-- ``(A) was issued to the individual by the public agency with which the individual serves or served as a qualified law enforcement officer; and ``(B) identifies the holder of the document as a current or former officer, agent, or employee of the agency; ``(2) the term `qualified law enforcement officer' means an individual authorized by law to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; ``(3) the term `qualified former law enforcement officer' means an individual who-- ``(A) retired from service with a public agency, other than for reasons of mental disability; ``(B) immediately before such retirement, was a qualified law enforcement officer with that public agency; ``(C) has a nonforfeitable right to benefits under the retirement plan of the agency; ``(D) was not separated from service with a public agency due to a disciplinary action by the agency that prevented the carrying of a firearm; ``(E) meets such requirements as have been established by the State in which the individual resides with respect to-- ``(i) training in the use of firearms; and ``(ii) carrying a concealed weapon; and ``(F) is not prohibited by Federal law from receiving a firearm; ``(4) the term `qualified law enforcement officer' means an officer, agent, or employee of a public agency who-- ``(A) is a law enforcement officer; ``(B) is authorized by the agency to carry a firearm in the course of duty; ``(C) is not the subject of a disciplinary action by the agency that prevents the carrying of a firearm; and ``(D) meets such requirements as have been established by the agency with respect to firearms; and ``(5) the term `firearm' means any firearm that has, or of which any component has, traveled in interstate or foreign commerce.''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926A the following new item: ``926B. Carrying of concealed firearms by qualified current and former law enforcement officers.''.

Community Protection Initiative of 1996 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm.

Community Protection Initiative of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Pension Liability Funding Reform Act of 1994''. TITLE I--FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA PENSION FUNDS SEC. 101. INCREASE IN AND EXTENSION OF FEDERAL CONTRIBUTION. (a) In General.--Section 144(a) of the District of Columbia Retirement Reform Act (sec. 1-724(a), D.C. Code) is amended-- (1) in the matter preceding paragraph (1), by striking ``2004--'' and inserting ``2035 the following amounts:''; (2) in paragraph (1)-- (A) by striking ``as'' and inserting ``As'', and (B) by striking ``Fund, the sum'' and all that follows and inserting the following: ``Fund-- ``(A) for each fiscal year through fiscal year 1995, the sum of $34,170,000, reduced by the amount of any reduction required under section 145(c), ``(B) for fiscal year 1996, the sum of $35,879,000, reduced by the amount of any such reduction, and ``(C) for fiscal year 1997 and each subsequent fiscal year, the amount calculated in accordance with this paragraph for the previous fiscal year increased by 5 percent, reduced by the amount of any such reduction;''; (3) in paragraph (2)-- (A) by striking ``as'' and inserting ``As'', and (B) by striking ``Fund, the sum'' and all that follows and inserting the following: ``Fund-- ``(A) for each fiscal year through fiscal year 1995, the sum of $17,680,000, ``(B) for fiscal year 1996, the sum of $18,564,000, and ``(C) for fiscal year 1997 and each subsequent fiscal year, the amount calculated in accordance with this paragraph for the previous fiscal year increased by 5 percent; and''; and (4) in paragraph (3)-- (A) by striking ``as'' and inserting ``As'', and (B) by striking ``Fund, the sum'' and all that follows and inserting the following: ``Fund-- ``(A) for each fiscal year through fiscal year 1995, the sum of $220,000, ``(B) for fiscal year 1996, the sum of $231,000, and ``(C) for fiscal year 1997 and each subsequent fiscal year, the amount calculated in accordance with this paragraph for the previous fiscal year increased by 5 percent.''. (b) Conforming Amendments.--The District of Columbia Retirement Reform Act is amended-- (1) in section 144(e) (sec.1-724, D.C. Code)-- (A) by striking ``2004'' in paragraph (1) and inserting ``2035'', and (B) by striking paragraph (2); (2) in section 145 (sec. 1-725, D.C. Code), by striking ``2004'' each place it appears in subsections (a)(1) and (c)(1) and inserting ``2035''; and (3) in section 162(d) (sec. 1-732(d)(1), D.C. Code), by striking paragraph (5). TITLE II--CHANGES IN RETIREMENT BENEFITS Subtitle A--Police Officers' and Fire Fighters' Contribution SEC. 201. INCREASE IN CONTRIBUTION. The first sentence of subsection (d)(1) of the Policemen and Firemen's Retirement and Disability Act (sec. 4-612(a), D.C. Code) is amended by inserting after ``per centum'' the following: ``(or, with respect to a member who is an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia, 8 per centum for each pay period which begins on or after October 1, 1995)''. SEC. 202. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT. Subsection (m) of the Policemen and Firemen's Retirement and Disability Act (sec. 4-624, D.C. Code) is amended-- (1) in paragraph (2), by striking ``the Mayor shall'' and all that follows and inserting the following: ``on January 1 of each year (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index for the preceding year by determining the difference between the index published for December of the preceding year and the index published for December of the second preceding year.''; and (2) by amending paragraph (3) to read as follows: ``(3)(A) If (in accordance with paragraph (2)) the Mayor determines in a year (beginning with 1997) that the per centum change in the price index for the preceding year indicates a rise in the price index, each annuity having a commencing date on or before March 1 of the year shall, effective March 1 of the year, be increased by an amount equal to-- ``(i) in the case of an annuity having a commencing date on or before March 1 of such preceding year, the per centum change computed under paragraph (2), adjusted to the nearest \1/10\ of 1 per centum; or ``(ii) in the case of an annuity having a commencing date after March 1 of such preceding year, a pro rata increase equal to the product of-- ``(I) \1/12\ of the per centum change computed under paragraph (2), multiplied by ``(II) the number of months (not to exceed 12 months, counting any portion of a month as an entire month) for which the annuity was payable before the effective date of the increase, adjusted to the nearest \1/10\ of 1 per centum. ``(B) On January 1, 1996 (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index published for December 1995 over the price index published for June 1995. If such per centum change indicates a rise in the price index, effective March 1, 1996-- ``(i) each annuity having a commencing date on or before September 1, 1995, shall be increased by an amount equal to such per centum change, adjusted to the nearest \1/10\ of 1 per centum; and ``(ii) each annuity having a commencing date after September 1, 1995, and on or before March 1, 1996, shall be increased by a pro rata increase equal to the product of-- ``(I) \1/6\ of such per centum change, multiplied by ``(II) the number of months (not to exceed 6 months, counting any portion of a month as an entire month) for which the annuity was payable before the effective date of the increase, adjusted to the nearest \1/10\ of 1 per centum.''. SEC. 203. EQUALIZATION OF CONTRIBUTION RULES FOR FORMER RETIREES. (a) In General.--Section 209(a)(2)(B) of the District of Columbia Retirement Reform Act (sec. 4-625(2), D.C. Code) is amended by striking ``having a commencing date after the effective date of such amendment.''. (b) Repeal of Relief Allowance or Compensation Increase.--Section 301 of the District of Columbia Police and Firemen's Salary Act of 1953 (sec. 4-605, D.C. Code) is repealed. Subtitle B--Teachers' Contribution SEC. 211. INCREASE IN CONTRIBUTION. The first sentence of section 1 of the Act entitled ``An Act for the retirement of public-school teachers in the District of Columbia'', approved August 7, 1946 (sec. 31-1221(a), D.C. Code), is amended by inserting after ``per centum'' the following: ``(or, with respect to each pay period which begins on or after October 1, 1995, 8 per centum)''. SEC. 212. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT. Section 21(b) of the Act entitled ``An Act for the retirement of public-school teachers in the District of Columbia'', approved August 7, 1946 (sec. 31-1241(b), D.C. Code) is amended-- (1) in paragraph (1), by striking ``The Mayor shall--'' and all that follows and inserting the following: ``On January 1 of each year (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index for the preceding year by determining the difference between the index published for December of the preceding year and the index published for December of the second preceding year.''; and (2) by amending paragraph (2) to read as follows: ``(2)(A) If (in accordance with paragraph (1)) the Mayor determines in a year (beginning with 1997) that the per centum change in the price index for the preceding year indicates a rise in the price index, each annuity having a commencing date on or before March 1 of the year shall, effective March 1 of the year, be increased by an amount equal to-- ``(i) in the case of an annuity having a commencing date on or before March 1 of such preceding year, the per centum change computed under paragraph (1), adjusted to the nearest \1/10\ of 1 per centum; or ``(ii) in the case of an annuity having a commencing date after March 1 of such preceding year, a pro rata increase equal to the product of-- ``(I) \1/12\ of the per centum change computed under paragraph (1), multiplied by ``(II) the number of months (not to exceed 12 months, counting any portion of a month as an entire month) for which the annuity was payable before the effective date of the increase, adjusted to the nearest \1/10\ of 1 per centum. ``(B) On January 1, 1996 (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index published for December 1995 over the price index published for June 1995. If such per centum change indicates a rise in the price index, effective March 1, 1996-- ``(i) each annuity having a commencing date on or before September 1, 1995, shall be increased by an amount equal to such per centum change, adjusted to the nearest \1/10\ of 1 per centum; and ``(ii) each annuity having a commencing date after September 1, 1995, and on or before March 1, 1996, shall be increased by a pro rata increase equal to the product of-- ``(I) \1/6\ of such per centum change, multiplied by ``(II) the number of months (not to exceed 6 months, counting any portion of a month as an entire month) for which the annuity was payable before the effective date of the increase, adjusted to the nearest \1/10\ of 1 per centum.''. Subtitle C--Judges' Contribution SEC. 221. INCREASE IN CONTRIBUTION. (a) Amount of Withholding.--The first sentence of section 11- 1563(a), D.C. Code, is amended by inserting after ``per centum'' the following: ``(or, with respect to each pay period which begins on or after October 1, 1995, 4\1/2\ per centum)''. (b) Computation of Retirement Salary.--Section 11-1564(d)(1), D.C. Code, is amended by inserting after ``United States Code,'' the following: ``with respect to services performed before October 1, 1995, and equal to 4\1/2\ per centum of such salary, pay, or compensation with respect to services performed on or after October 1, 1995,''. TITLE III--EFFECTIVE DATE SEC. 301. EFFECTIVE DATE. The amendments made by this Act shall take effect October 1, 1995.

TABLE OF CONTENTS: Title I: Federal Contribution to District of Columbia Pension Funds Title II: Changes in Retirement Benefits Subtitle A: Police Officers' and Fire Fighters' Contribution Subtitle B: Teachers' Contribution Subtitle C: Judges' Contribution Title III: Effective Date District of Columbia Pension Liability Funding Reform Act of 1994 - Title I: Federal Contribution to District of Columbia Pension Funds - Amends the District of Columbia Retirement Reform Act to: (1) extend through FY 2035 (currently 2004) the required Federal payments to the District of Columbia's teachers', firefighters', police officers', and judges' pension funds; (2) increase the amounts paid into each of the pension funds for FY 1996 and thereafter; and (3) delay until 2035 (currently 2004) a determination by the Comptroller General as to whether all such amounts have been paid in full. Title II: Changes in Retirement Benefits - Subtitle A: Police Officers' and Fire Fighters' Contribution - Amends the Policemen and Firemen's Retirement and Disability Act to: (1) increase after FY 1995 to eight (currently seven) percent of the basic salary of a D.C. police officer or fire fighter the amount deducted and withheld as a retirement contribution; (2) direct the Mayor to annually (currently semiannually) determine the percentage change in the price index for annuity cost of living adjustment purposes; (3) increase such annuities by specified percentages of the price index increase; and (4) make such adjustment changes applicable to any increase in an annuity payable under such Act (currently limited to annuities having a commencement date after the effective date of the cost of living adjustment provisions). Repeals a provision of the District of Columbia Police and Firemen's Salary Act which provided a certain pension relief allowance or retirement compensation increase. Subtitle B: Teachers' Contribution - Increases to eight (currently seven) percent of a D.C. teacher's basic salary the amount deducted and withheld as a retirement contribution after FY 1995. Makes changes similar to those set forth under Subtitle A with respect to price index determinations and related teacher annuity adjustments. Subtitle C: Judges' Contribution - Increases from three and one half to four and one half percent of the basic judges' salary the amount to be deducted and withheld for retirement contributions after FY 1995. Provides for the assumption of such increased contribution in the computation of retirement salary for services performed on or after FY 1995.

District of Columbia Pension Liability Funding Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Congressional Revolving Door Act''. SEC. 2. PROHIBITION RELATING TO CERTAIN FEDERAL BENEFITS FOR A FORMER MEMBER OF CONGRESS OR FORMER SENIOR CONGRESSIONAL EMPLOYEE WHO RECEIVES COMPENSATION AS A LOBBYIST. (a) In General.--A covered individual who is a registered lobbyist shall not be eligible for any covered benefits for any month-- (1) which begins after the date of the enactment of this Act; and (2) in or for which such covered individual is-- (A) employed as a lobbyist; and (B) entitled to compensation as a lobbyist. (b) Covered Individual.--For purposes of this section, the term ``covered individual'' means an individual who becomes a former Member of Congress or a former senior Congressional employee after the date of the enactment of this Act. (c) Covered Benefits.--For purposes of this section, the term ``covered benefits'', as used with respect to a covered individual, means any payment or other benefit which is payable, by virtue of service performed by such covered individual, under any of the following: (1) The Civil Service Retirement System, including the Thrift Savings Plan. (2) The Federal Employees' Retirement System, including the Thrift Savings Plan. (3) The Federal Employees' Health Benefits Program, including enhanced dental benefits and enhanced vision benefits under chapters 89A and 89B, respectively, of title 5, United States Code. (4) The Federal Employees' Group Life Insurance Program. (d) Definitions.--For purposes of this section-- (1) the term ``Member of Congress'' means a Senator, Member of the House of Representatives, or Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico; (2) the term ``senior Congressional employee'' means-- (A) each officer or employee of the legislative branch (except any officer or employee of the Government Accountability Office) who, for at least 60 days, occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (B) each officer or employee of the Government Accountability Office who, for at least 60 consecutive days, occupies a position for which the rate of basic pay, minus the amount of locality pay that would have been authorized under section 5304 of title 5, United States Code (had the officer or employee been paid under the General Schedule) for the locality within which the position of such officer or employee is located (as determined by the Comptroller General), is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and (C) at least one principal assistant designated for purposes of this paragraph by each Member who does not have an employee who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (3) the term ``registered lobbyist'' means-- (A) a lobbyist registered or required to register, or on whose behalf a registration is filed or required to be filed, under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and (B) an individual registered or required to register as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); and (4) the term ``lobbyist'' has the meaning given such term by section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). (e) Rule of Construction.--Nothing in this section shall be considered to prevent the payment of-- (1) any lump-sum credit, as defined by section 8331(8) or 8401(19) of title 5, United States Code, to which an individual is entitled; or (2) any amount in the account of an individual in the Thrift Savings Fund which, as of the date on which paragraphs (1) and (2) of subsection (a) are first met with respect to such individual, is nonforfeitable. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed-- (1) except as provided in paragraph (2), by the Director of the Office of Personnel Management; and (2) to the extent that this Act relates to the Thrift Savings Plan, by the Executive Director (as defined by section 8401(13) of title 5, United States Code).

End the Congressional Revolving Door Act This bill prohibits a former Member of Congress or former senior congressional employee who is a registered lobbyist, and entitled to compensation as such, from being eligible for any benefits beginning after enactment of this bill under: the Civil Service Retirement System (CSRS), including the Thrift Savings Plan (TSP); the Federal Employees Retirement System (FERS), including the TSP; the Federal Employees Health Benefits Program, including federal enhanced dental and vision benefits; or the Federal Employees' Group Life Insurance Program. This bill does not prevent the payment of any CSRS or FERS lump-sum credit to which an individual is entitled or any nonforfeitable amount in an individual's TSP account.

End the Congressional Revolving Door Act