FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Reform Expansion and Savings Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States health care system urgently needs reform and improvement in the quality of care delivered, the optimization of investments, and prevention and detection of illness. (2) The present system for payment of providers for health care services often acts to deter or discourage optimal investment in prevention or quality of care improvement. (3) Properly tailored health care reforms can lower medical cost and improve quality of care. (4) The urgent need for reform of the American health care system, to improve quality of care and health outcomes, to lower cost, and to reduce waste and frustration, is not presently met with a commensurate national effort to design and implement those reforms. (5) Many initiatives underway at the State and local level merit encouragement and support as they depend upon and inspire mutual trust and compromise within a community. (b) Purpose.--It is the purpose of this Act to establish a program to award grants to local, regional, or statewide organizations to-- (1) encourage the coordinated development of local health care quality reforms; (2) fund the development of practices beneficial to the health care system; (3) expand information technology, electronic health records, and interoperable data systems in the health care system; (4) develop reimbursement practices that align financial incentives with health and prevention reforms to identify and encourage best practices; (5) lower the costs of health care delivery; (6) encourage experimentation in different regions of the United States; and (7) reward cooperation among local entities engaged in reforming the health care system. SEC. 3. QUALITY REFORM GRANT INITIATIVE. (a) Grants.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall award quality reform grants to eligible entities to enhance, encourage, and expedite implementation of quality reform plans to carry out the purposes of this Act. (b) Eligibility of State, Local, and Regional Entities.--To be eligible to receive a grant under subsection (a), a qualifying entity shall be a State, local, or regional organization dedicated to improving the quality of health care through broad participation of the local health care community, with a focus on quality improvement and reporting, expansion of health information technology, cost-effective prevention, and restructuring of the reimbursement system to enhance these goals. (c) Quality Reform Committee.-- (1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Quality Reform Committee (referred to in this Act as the ``Committee'') in accordance with this subsection. (2) Membership.--The Committee shall be composed of not less than 7 members, of which-- (A) one member shall be appointed by the Administrator of the Centers for Medicare & Medicaid Services; (B) one member shall be appointed by the Director of the National Institutes of Health; (C) one member shall be appointed by the Administrator of the Agency for Healthcare Research and Quality; (D) one member shall be appointed by the National Coordinator for Health Information Technology; (E) one member shall be appointed by the President of the Institute of Medicine; (F) one member shall be appointed by the Secretary from among candidates recommended by the National Governor's Association; and (G) one member shall be appointed by the Secretary from among candidates recommended by the United States Conference of Mayors. (3) General duties.--The Committee shall-- (A) formally approve the application of an eligible entity for a grant under this section and recommend to the Secretary that such a grant be awarded to such entity; (B) facilitate communication among eligible entities and other organizations; (C) evaluate and exchange best practices relating to activities carried out under the grants; (D) share research and expertise relating to activities under the grants; (E) encourage collaboration and cooperation with and among grantees under this section; (F) recognize the achievements of grantees under this section in a public manner; (G) assist grantees under this section by serving as an advocate and ombudsman to overcome bureaucratic and other obstacles within the Federal Government that hinder the achievement of this effort; (H) encourage integration of activities under this section with the private sector; (I) study, identify, and report on market failures and anomalies that create economic incentives adverse to achievement of the goals of quality reform, cost reduction, health information technology expansion, and illness prevention; (J) assist with coordinating information technology infrastructure; and (K) assign personnel to serve as facilitators for local programs and as primary Federal points of contact with grantees under this section. (4) Period of appointment.--Members shall be appointed to serve for a term as determined appropriate by the appointing authority, as the case may be, and shall serve until their successor is appointed. (5) Chairperson; meetings.-- (A) Chairperson.--The Committee shall select a Chairperson from among its members. (B) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (C) Meetings.--Not later than 30 days after the date on which all members of the Committee have been appointed under paragraph (2), the Committee shall hold its first meeting. The Committee shall meet at the call of the Chairperson. (6) Powers.-- (A) Hearings.--The Committee may hold hearings, if determined necessary by the Committee to carry out the purposes of this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Committee determines appropriate to carry out the purposes of this Act. (B) Annual public meetings.--In addition to other meetings the Committee may hold, the Committee shall hold an annual public meeting for grantees under this section in order that grantees may report progress toward achieving the purposes in section 2(b) and in the exchange of information with one another and with the Committee. (C) Information.--The Committee may obtain information directly from any Federal department or agency as the Committee determines is necessary to carry out this section. Upon the request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee. (D) Contracting.--The Committee may enter into contracts with qualified independent organizations to obtain necessary information to assist grantees with the development of best evidence-based practices and outcomes measurements or any other matters determined by the Committee to be appropriate and reasonable to carry out this section. (E) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Personnel matters.-- (A) Compensation.--Each member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. All members of the Committee who 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 Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (C) Staff.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate personnel as may be necessary to enable the Committee to perform its duties. (D) Detail of governmental employees.--Any Federal Government employee may be detailed to the Committee without reimbursement upon the request of the Committee, and such detail shall be without interruption or loss of civil service status or privilege. (E) Temporary and intermittent services.--The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (8) Funding.--For the purpose of carrying out this subsection, there are authorized to be appropriated $2,000,000 for fiscal year 2008 and each subsequent fiscal year. (d) Quality Reform Plan.-- (1) In general.--To be eligible to receive a grant under this section, an entity shall prepare and submit to the Committee, as part of the application under subsection (b), a plan to seek to improve quality of care, which is encouraged to include the following elements: (A) Involvement and leadership of the local health care community in the area to be served under the grant. (B) Strategies to achieve cost-saving quality improvements in service delivery as a result of activities carried out under the grant. (C) Development and implementation of electronic health record keeping, health information systems, interoperability, evidence-based clinical decision support, or electronic prescription of pharmaceuticals. (D) Methods to optimize evidence-based investment in early prevention and detection of illness. (E) Restructuring of provider reimbursement provisions to assist in accomplishing the objectives of the plan. (F) Efforts to use savings to expand health care coverage to the uninsured. (2) Grant period.--The period of a grant awarded under this section shall not exceed 2 years and may be renewed for subsequent 2-year periods upon reapplication to the Committee. Nothing in this paragraph shall be construed to prohibit a grantee from requesting an extension for a period of less than 2 years. (e) Waivers.--A State in which a grantee under this section is located shall receive expedited and priority consideration of waiver requests from the Centers for Medicare & Medicaid Services when necessary or appropriate to achieve the purposes for which the grant was awarded. (f) Amount of Grant.--The amount of a grant awarded to an entity under this section shall be determined based upon the recommendations of the Committee, subject to appropriations, but is intended to be an unrestricted grant to eligible entities with qualifying plans. (g) Report.-- (1) By entities.--An entity that is awarded a grant under this section shall submit to the Committee an annual report for the period representing the entity's fiscal year, that shall contain a description of the results of activities carried out under the project. (2) By committee.--Not later than the end of the 5-year period beginning on the date on which the first grant is awarded under this section, the Committee shall prepare and submit to the appropriate committees of Congress, a report on the progress made by grantees in achieving the purposes of this Act. (h) Sense of the Senate.--It is the sense of the Senate that, not later than 45 days after receiving the report submitted under subsection (g)(2), each Committee to which such report is submitted should hold at least 1 hearing concerning such report and the recommendations contained in such report. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act, $100,000,000 for the 10-fiscal year period beginning in fiscal year 2008.

Quality Reform Expansion and Savings Act of 2007 - Requires the Secretary of Health and Human Services to award quality reform grants to eligible entities to enhance, encourage, and expedite implementation of quality reform plans in order to: (1) encourage the coordinated development of local health care quality reforms; (2) fund the development of practices beneficial to the health care system; (3) expand information technology, electronic health records, and interoperable data systems in the health care system; (4) develop reimbursement practices that align financial incentives with health and prevention reforms to identify and encourage best practices; (5) lower the costs of health care delivery; (6) encourage experimentation in different U.S. regions; and (7) reward cooperation among local entities engaged in reforming the health care system. Requires the Secretary to establish the Quality Reform Committee, which shall: (1) approve the application of an eligible entity and recommend to the Secretary that a grant be awarded; (2) evaluate and exchange best practices related to activities carried out under the grant; (3) share research and expertise; and (4) study, identify, and report on market failures and anomalies that create economic incentives adverse to achievement of the goals of quality reform, cost reduction, health information technology expansion, and illness prevention.

A bill to encourage the development of coordinated quality reforms to improve health care delivery and reduce the cost of care in the health care system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Halting Government Overreach Act of 2015''. SEC. 2. CHANGING LIMITATIONS ON RECOVERY OF FEES AND EXPENSES BY THE PREVAILING PARTY IN AN ACTION AGAINST THE UNITED STATES. (a) Civil Actions.-- (1) Removing the substantial justification exception.-- (A) In general.--Section 2412(d) of title 28, United States Code, is amended-- (i) in paragraph (1)(A), by striking ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (ii) in paragraph (1)(B), by striking ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (iii) in paragraph (3), by striking ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (B) Conforming amendment.--Section 2412(d)(2) of title 28, United States Code, is amended by striking subparagraph (D). (2) Requiring direct and personal interest.--Section 2412(d)(1)(A) of title 28, United States Code, is amended by adding at the end the following: ``Such award may only be made if the prevailing party has a direct and personal interest in the action because of an injury that gave rise to the action.''. (3) Excluding net worth from the definition of ``party''.-- Section 2412(d)(2)(B) of title 28, United States Code, is amended-- (A) by striking ``whose net worth did not exceed $2,000,000 at the time the civil action was filed''; (B) by striking ``, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and''; and (C) by striking ``; except'' and all that follows through ``defined in section 601 of title 5''. (b) Agency Adjudications.-- (1) Removing the substantial justification exception.-- (A) In general.--Section 504 of title 5, United States Code, is amended-- (i) in subsection (a)(1), by striking ``, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought''; and (ii) in subsection (a)(2), by striking ``The party shall also allege that the position of the agency was not substantially justified.''. (B) Conforming amendment.--Section 504(b)(1) of title 5, United States Code, is amended-- (i) in subparagraph (D), by adding ``and'' at the end; and (ii) by striking subparagraph (E). (2) Requiring direct and personal interest.--Section 504(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``Such award may only be made if the prevailing party has a direct and personal interest in the proceeding because of an injury that gave rise to the proceeding.''. (3) Excluding net worth from the definition of ``party''.-- Section 504(b)(1)(B) of title 5, United States Code, is amended-- (A) by striking ``whose net worth did not exceed $2,000,000 at the time the adversary adjudication was initiated''; (B) by striking ``, the net worth of which did not exceed $7,000,000 at the time the adversary adjudication was initiated, and''; and (C) by striking ``; except'' and all that follows through ``defined in section 601''. (c) Effective Date.--The amendments made by this section shall apply with respect to actions initiated after the date of the enactment of this Act.

Halting Government Overreach Act of 2015 This bill removes exceptions that prohibit a prevailing party other than the United States from being awarded fees and expenses incurred in a civil action (other than a tort action) brought by or against the United States, or in an agency adjudicatory proceeding, if the position of the United States was substantially justified or special circumstances make an award unjust. The fees and expenses may be awarded if the prevailing party has a direct and personal interest in the action because of an injury that gave rise to the action. The bill also removes requirements that make parties ineligible for such an award if their net worth exceeds a specified amount at the time the action was filed or the adjudication was initiated. Under the bill, parties may seek an award of fees and expenses regardless of their net worth.

Halting Government Overreach Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Boulet National Language Act of 2014''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official Government activities in English ``The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal Government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. ``Sec. 164. Exceptions ``This chapter does not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; or ``(3) to programs in schools designed to encourage students to learn foreign languages. This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended by the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 (Public Law 109- 246), is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, 8(a)(2)(A), and 13(a)(1), by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 5. NONPREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.

James Boulet National Language Act of 2014 - Amends federal law to: (1) make English the official language of the United States, (2) require that official U.S. government functions be conducted in English, and (3) require the U.S. government to preserve and enhance the role of English as the official language of the United States. Declares that, unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the U.S. government or any of its officials or representatives act, communicate, perform or provide services, or materials in any language other than English. Makes exceptions to these requirements the use of a language other than English for: (1) religious purposes, (2) language training for international communication, or (3) school programs designed to encourage students to learn foreign languages. Amends the the Voting Rights Act of 1965 to repeal bilingual voting and related voting qualification requirements. Amends the Immigration and Nationality Act to require that all public naturalization ceremonies in which the oath of allegiance is administered be conducted solely in the English language.

James Boulet National Language Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Exports Through Entrepreneurship Act of 2012''. SEC. 2. SMALL BUSINESS TAX CREDIT FOR COSTS ASSOCIATED WITH EXPANDING EXPORT MARKETS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR SMALL BUSINESS COSTS OF EXPANDING EXPORT MARKETS. ``(a) In General.--For purposes of section 38, in the case of a qualified small business, the small business export expansion credit for any taxable year is an amount equal to 25 percent of the export expansion expenses of the taxpayer paid or incurred during the taxable year. ``(b) Export Expansion Expenses.--For purposes of this section, the term `export expansion expenses' means amounts paid or incurred by the taxpayer for the purpose of increasing the amount of goods sold for consumption, or services provided, outside the United States. Such term shall not include the cost of goods sold (and similar amounts with respect to services provided). ``(c) Qualified Small Business.--For purposes of this section, the term `qualified small business' means a small business concern within the meaning of section 3 of the Small Business Act.''. (b) Credit To Be Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) in the case of a qualified small business (as defined in section 45S(c)), the small business export expansion credit determined under section 45S(a).''. (2) Credit allowable against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for small business costs of expanding export markets.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. AVAILABILITY OF ESSENTIAL TRADE INFORMATION. Section 22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is amended-- (1) in subparagraph (C) by striking ``and'' at the end; (2) in subparagraph (D) by inserting ``and'' after the semicolon; and (3) by adding at the end the following: ``(E) compiling in a format that is accessible and able to be understood by the owners of small business concerns, making available to appropriate partner entities (including small business development centers, women's business centers, chapters of the Service Corps of Retired Executives, Veterans Business Outreach Centers, and Export Assistance Centers), and updating each year a document that contains-- ``(i) the tariff schedules of all foreign countries (organized by industry sector); and ``(ii) for each of the 50 foreign countries to which the highest total value of United States goods and services are exported (as determined by the Associate Administrator), information on the demand for goods and services in the country, including an identification of the 10 industry sectors with respect to which the highest total value of United States goods and services are exported to the country (as determined by the Associate Administrator);''. SEC. 4. FOREIGN CUSTOMER MATCHMAKING. Section 22(c) of the Small Business Act (15 U.S.C. 649(c)) is amended-- (1) in paragraph (12) by striking ``and'' at the end; (2) in paragraph (13) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(14) in coordination with the Department of Commerce and other appropriate Federal departments and agencies, identify and advertise to small business concerns programs and services that facilitate the matching of foreign customers to small business concerns, including-- ``(A) any program administered by a Federal department or agency that assists small business concerns to identify and meet with foreign buyers, partners, or sales representatives; and ``(B) any service of a Federal department or agency that assists small business concerns to participate in personalized business matchmaking, trade missions, reverse trade missions, or trade shows.''. SEC. 5. LOANS TO SMALL BUSINESSES BY THE EXPORT-IMPORT BANK. Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended-- (1) in the first sentence, by inserting ``, and from the aggregate loan authority available to it, an amount to so finance such exports which shall be not less than 30 percent of such authority for each fiscal year'' before the period; and (2) by adding at the end the following new sentence: ``The Bank shall charge interest and fees to the extent necessary to fully offset the costs of making loans under this clause.''. SEC. 6. INCREASE IN SMALL BUSINESS INVESTMENT BY OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) In General.--Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended-- (1) in section 231(e)(2) (22 U.S.C. 2191(e)(2)), by striking ``30 percent'' and inserting ``40 percent''; (2) in section 233(b) (22 U.S.C. 2193(b)), by striking ``two of the eight'' and inserting ``three of the eight''; and (3) in section 240(a) (22 U.S.C. 2200(a)), by striking ``50 percent'' and inserting ``60 percent''. (b) Effective Date.--The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect each fiscal year beginning on or after such date of enactment. SEC. 7. LIMITATIONS ON DUTIES THAT APPLY TO CERTAIN GOODS AND SERVICES IMPORTED INTO THE UNITED STATES FOR USE BY SMALL BUSINESS CONCERNS. (a) Limitation on HTS Duties.--Notwithstanding any other provision of law, the rate of duty under the HTS that applies to a covered good or covered service that is imported into the United States shall not exceed the lesser of-- (1) the rate of duty that applies to the good or service on the date on which the good or service is purchased by a small business concern; or (2) the rate of duty that applies to the good or service at the time of entry. (b) Limitation on Additional Duties.-- (1) In general.--Notwithstanding any other provision of law, no additional duty described in paragraph (2) shall apply with respect to a covered good or covered service that is imported into the United States. (2) Additional duties.--An additional duty described in this paragraph is-- (A) a countervailing duty imposed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.); (B) an antidumping duty imposed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.); and (C) any other additional duty imposed under any other provision of law. (c) Documentation.--The Secretary shall require the importer of a good or service who, for purposes of this section, claims the good or service to be a covered good or covered service, as the case may be, to submit such documentation or other information to the Secretary as may be necessary to verify the accuracy of such claims. (d) Regulations.--The Secretary is authorized to prescribe such rules and regulations as are necessary to carry out the provisions of this section. (e) Definitions.--In this section: (1) Covered good.--The term ``covered good'' or ``good'' means a good that is purchased by a small business concern for use in its regular business operations. (2) Covered service.--The term ``covered service'' or ``service'' means a service that is purchased by a small business concern for use in its regular business operations. (3) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule of the United States. (4) Importer.--The term ``importer'' means-- (A) as such term relates to imports of goods, one of the parties eligible to file the required customs entry documentation or information pursuant to section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)); and (B) as such term relates to imports of services, the importer of the service as defined by the Secretary in rules and regulations promulgated by the Secretary. (5) Small business concern.--The term ``small business concern'' has the meaning given such term for purposes of the Small Business Act (15 U.S.C. 631 et seq.). (6) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (7) Time of entry.--The term ``time of entry'' means-- (A) as relates to imports of covered goods, the time generally specified in section 484(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and prescribed in regulations (19 C.F.R. 141.68); and (B) as relates to imports of services, the time specified by the Secretary in rules and regulations promulgated by the Secretary. (f) Effective Date.--This section takes effect on the date of the enactment of this Act and applies to covered goods and covered services entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Enhancing Exports Through Entrepreneurship Act of 2012 - Amends the Internal Revenue Code to provide a small business export expansion credit of 25% of export expansion expenses. Amends the Small Business Act to direct the Office of International Trade (Office) to compile and update annually, for small businesses and their partner entities, a document that contains: (1) the tariff schedules of all foreign countries; and (2) for each of the 50 foreign countries to which the highest total value of U.S. goods and services are exported, specified information on the demand for goods and services in that country. Requires the Office to identify and advertise programs and services to small businesses, including federal programs and services, that facilitate the matching of foreign customers to small businesses. Amends the Export-Import Bank Act of 1945 to increase, from 20% to 30% of the aggregate annual loan authority available to the Export-Import Bank, the amount to be used to finance small business exports. Amends the Foreign Assistance Act of 1961 to increase the proportion and percentage of projects and assistance financed for small businesses by the Overseas Private Investment Corporation. Provides limitations on duties under the Harmonized Tariff Schedule that apply to certain goods and services imported into the United States for use by small businesses in their regular operations.

To provide exporting assistance to small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Servicemembers' Children from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. (a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each covered local educational agency and each Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, shall have in effect policies and procedures that-- (1) require that a criminal background check be conducted for each school employee of the agency or school, respectively, that includes-- (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2) prohibit the employment of a school employee as a school employee at the agency or school, respectively, if such employee-- (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of-- (i) murder; (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) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with policies established by the covered local educational agency or the Department of Defense (in the case of a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code); (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee of the school or agency may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to-- (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; and (6) allow the covered local educational agency or school, as the case may be, to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Fees for Background Checks.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. (c) Definitions.--In this Act: (1) Covered local educational agency.--The term ``covered local educational agency'' means a local educational agency that receives funds-- (A) under subsection (b) or (d) of section 8003, or section 8007, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703, 7707), as such sections are in effect before the effective date for title VII of the Every Student Succeeds Act (Public Law 114-95); or (B) under subsection (b) or (d) of section 7003, or section 7007, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703, 7707), beginning on the effective date of such title VII. (2) School employee.--The term ``school employee'' means-- (A) a person who-- (i) is an employee of, or is seeking employment with-- (I) a covered local educational agency; or (II) a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, such elementary and secondary school; and (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B)(i) any person, or an employee of any person, who has a contract or agreement to provide services to a covered local educational agency or a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code; and (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Protecting Our Servicemembers' Children from Sexual and Violent Predators Act This bill requires each Department of Defense domestic dependent elementary and secondary school and each local educational agency (LEA) that receives, under the Elementary and Secondary Education Act of 1965, specified funds for children with a parent on active duty in the uniformed services to: require, for each employee of the LEA or school, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with established policies; provide an employee with a timely process to appeal the results of a background check; and allow the LEA or school to share the results of a school employee's recent background check with another LEA that is considering that individual for employment.

Protecting Our Servicemembers' Children from Sexual and Violent Predators Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Welfare for Big Oil Act of 2013''. TITLE I--REPEAL OF OIL AND GAS SUBSIDIES Subtitle A--Close Big Oil Tax Loopholes SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. Subtitle B--Outer Continental Shelf Oil and Natural Gas SEC. 111. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Limitation on Application.--The repeal under subsection (a) shall not affect the application of the repealed sections with respect to any lease sale for which a notice of sale is published before the date of enactment of this Act. TITLE II--BUDGETARY EFFECTS SEC. 201. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate.

End Welfare for Big Oil Act of 2013 - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt.

End Welfare for Big Oil Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Safety Recall Information Act''. SEC. 2. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT PURCHASE MEAT, POULTRY, OR EGG PRODUCTS SUBJECT TO VOLUNTARY RECALL. (a) Meat Products.--The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by-- (1) redesignating section 411 as section 412; and (2) inserting after section 410 the following new section: ``SEC. 411. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT PURCHASE MEAT PRODUCTS SUBJECT TO VOLUNTARY RECALL. ``(a) Reporting to Secretary.-- ``(1) In general.--A person that voluntarily recalls a meat product shall, not later than 5 days after the date on which the voluntary recall begins, submit to the Secretary a list of all retail stores or public school districts that are known to have purchased a meat product subject to the voluntary recall. ``(2) Updated list.--Not later than 5 days after the date on which a person required to submit a list under paragraph (1) learns of a retail store or public school district that has purchased a meat product subject to the voluntary recall referred to in such paragraph that has not been submitted to the Secretary under this subsection, such person shall submit the name of such retail store or public school district to the Secretary. ``(b) Publication.--Not later than 5 days after learning that a retail store or public school district has purchased a meat product subject to a voluntary recall, the Secretary shall publish in the Federal Register and otherwise make publicly available the name of such retail store or public school district.''. (b) Poultry Products.--The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 31. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT PURCHASE POULTRY PRODUCTS SUBJECT TO VOLUNTARY RECALL. ``(a) Reporting to Secretary.-- ``(1) In general.--A person that voluntarily recalls a poultry product shall, not later than 5 days after the date on which the voluntary recall begins, submit to the Secretary a list of all retail stores or public school districts that are known to have purchased a poultry product subject to the voluntary recall. ``(2) Updated list.--Not later than 5 days after the date on which a person required to submit a list under paragraph (1) learns of a retail store or public school district that has purchased a poultry product subject to the voluntary recall referred to in such paragraph that has not been submitted to the Secretary under this subsection, such person shall submit the name of such retail store or public school district to the Secretary. ``(b) Publication.--Not later than 5 days after learning that a retail store or public school district has purchased a poultry product subject to a voluntary recall, the Secretary shall publish in the Federal Register and otherwise make publicly available the name of such retail store or public school district.''. (c) Egg Products.--The Egg Products Inspection Act (21 U.S.C. 1031 et seq.) is amended by adding at the end the following new section: ``SEC. 30. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT PURCHASE EGG PRODUCTS SUBJECT TO VOLUNTARY RECALL. ``(a) Reporting to Secretary.-- ``(1) In general.--A person that voluntarily recalls a egg product shall, not later than 5 days after the date on which the voluntary recall begins, submit to the Secretary a list of all retail stores or public school districts that are known to have purchased a egg product subject to the voluntary recall. ``(2) Updated list.--Not later than 5 days after the date on which a person required to submit a list under paragraph (1) learns of a retail store or public school district that has purchased a egg product subject to the voluntary recall referred to in such paragraph that has not been submitted to the Secretary under this subsection, such person shall submit the name of such retail store or public school district to the Secretary. ``(b) Publication.--Not later than 5 days after learning that a retail store or public school district has purchased a egg product subject to a voluntary recall, the Secretary shall publish in the Federal Register and otherwise make publicly available the name of such retail store or public school district.''. SEC. 3. PROHIBITION ON USE OF NONAMBULATORY LIVESTOCK FOR HUMAN FOOD. Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended-- (1) in paragraph (8), by striking ``; or'' and inserting ``;''; (2) in paragraph (9), by striking ``substance.'' and inserting ``substance; or''; and (3) by adding at the end the following new paragraph: ``(10) if it is derived from an animal that, at the time of slaughter, is unable to stand and walk unassisted.''.

Food Safety Recall Information Act - Amends the Federal Meat Inspection Act to require that a person that voluntarily recalls a meat product shall, not later than five days after the voluntary recall begins, submit to the Secretary of Agriculture a list of all retail stores or public school districts that are known to have purchased a meat product subject to the voluntary recall. Makes similar amendments to the the Poultry Products Inspection Act and the Egg Products Inspection Act. Amends the Federal Meat Inspection Act to prohibit the use of nonambulatory livestock for human food.

To prohibit the use of nonambulatory livestock for human food and to require the Secretary of Agriculture to publish the names of retailers and school districts that have purchased meat, poultry, or egg products subject to voluntary recall.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Surety Bond Opportunity Act of 1993''. SEC. 2. ADDITIONAL REQUIREMENTS REGARDING APPROVAL OF SURETIES. (a) In General.--A company may not be approved as a surety by the Secretary of the Treasury under section 9304 of title 31, United States Code, or provide any surety bond pursuant to such section unless the company maintains full compliance with the requirements of section 9310 of title 31, United States Code. (b) Requirements Relating to Enforceability.-- (1) Signed statement of compliance with application.-- Section 9305(a) of title 31, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) a statement of compliance with section 9310, which is signed under penalty of perjury by the president and the secretary of the corporation.''. (2) Compliance as a condition for approval of application.--Section 9305(b) of title 31, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) the corporation is in full compliance with section 9310.''. (3) Signed statement of compliance with quarterly reports.--Section 9305(c) of title 31, United States Code, is amended by inserting ``and a statement of compliance with section 9310,'' before ``signed and sworn''. (4) Enforcement authority of secretary of the treasury.-- Section 9305(d) of title 31, United States Code, is amended-- (A) in paragraph (1), by striking ``9304 or 9306'' and inserting ``9304, 9306, or 9310''; and (B) by striking ``and'' at the end of paragraph (2); (C) by striking the period at the end of paragraph (3) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(4) may, after the end of the 1-year period beginning on the effective date of any revocation under paragraph (1) of the authority of a surety corporation for noncompliance with section 9310, reauthorize such corporation to provide surety bonds under section 9304.''. (5) Revocation for failure to pay certain judgments.-- Section 9305(e) of title 31, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: ``(2) the corporation does not pay a final judgment or order against the corporation for noncompliance with section 9310, or fails to comply with any order under that section; and''. (c) Technical and Conforming Amendment.--Section 9304(a)(3) of title 31, United States Code, is amended by striking ``9305 and 9306'' and inserting ``9305, 9306, and 9310''. SEC. 3. INFORMATION FOR BOND APPLICANTS AND NONDISCRIMINATION. (a) In General.--Chapter 93 of title 31, United States Code, is amended by adding at the end the following new section: ``SEC. 9310. INFORMATION FOR BOND APPLICANTS; NONDISCRIMINATION. ``(a) Reasons for Adverse Action; Procedure Applicable.-- ``(1) Notice required.-- ``(A) In general.--Except as provided in subparagraph (B), any surety approved under section 9304 shall notify an applicant for a bid bond, payment bond, or performance bond of its action on a completed application within 10 days of receipt of the application. ``(B) Extension.--The notification required by subparagraph (A) may be furnished within 20 days, if the surety has not issued a bond to the applicant in the preceding 12 months. ``(2) Statement of reasons.-- ``(A) In general.--Each applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the surety. ``(B) Acceptable forms of statement.--A surety satisfies the requirements of subparagraph (A)-- ``(i) by providing a statement of reasons in writing as a matter of course to applicants against whom adverse action is taken; or ``(ii) by giving written notification of adverse action which discloses-- ``(I) the applicant's right to a statement of reasons not later than 30 days after receipt by the surety of a written request made by the applicant not later than 60 days after such notification; and ``(II) the identity of the person or office from which such statement may be obtained. ``(C) Oral statement permitted.--A required statement of reasons for adverse action may be given orally if written notification advises the applicant of the applicant's right to have the statement of reasons confirmed in writing upon the applicant's written request. ``(3) Specificity of reasons.--A statement of reasons meets the requirements of this section only if it contains specific reasons for the adverse action taken. ``(4) Applicability in case of third party applications.-- In the case of a request to a surety by a third party to issue a bond directly or indirectly to an applicant, the notification and statement of reasons required by this section may be made directly by such surety, or indirectly through the third party, if the identity of the surety is disclosed to the applicant. ``(5) Applicability in case of sureties which accept few applications.--The requirements of paragraphs (2), (3), and (4) may be satisfied by oral statements or notifications in the case of any surety which acted on not more than 100 applications during the calendar year in which the adverse action is taken. ``(b) Nondiscrimination.-- ``(1) Activities.--It shall be unlawful for any surety to discriminate against any applicant, with respect to any aspect of a surety bond transaction-- ``(A) on the basis of race, color, religion, national origin, sex, marital status, disability, or age (if the applicant has the capacity to contract); ``(B) because the applicant has in good faith exercised any right under this chapter; ``(C) because the applicant previously obtained a bond through an individual or personal surety; or ``(D) because the applicant previously obtained a bond through-- ``(i) any bonding assistance program expressly authorized by law; ``(ii) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or ``(iii) any special purpose bonding program offered by a profitmaking organization to meet special needs. ``(2) Activities not constituting discrimination.--It shall not constitute discrimination for purposes of this section for a surety-- ``(A) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the surety's rights and remedies applicable to the granting of a bond and not to discriminate in a determination of bondability; ``(B) to make an inquiry of the applicant's age if such inquiry is for the purpose of determining the amount and probable continuance of bondability; or ``(C) to make an inquiry as to where the applicant has previously obtained a bond, in order to determine bonding history, or other pertinent element of bondability, except that an applicant may not be assigned a negative factor or value because such applicant previously obtained a bond through-- ``(i) an individual or personal surety; ``(ii) a bonding assistance program expressly authorized by law; ``(iii) any bonding program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or ``(iv) any special purpose bonding program offered by a profitmaking organization to meet special needs. ``(3) Additional activities not constituting discrimination.--It is not a violation of this section for a surety to refuse to issue a bond pursuant to-- ``(A) any bonding assistance program authorized by law for an economically disadvantaged class of persons; ``(B) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or ``(C) any special purpose bonding program offered by a profitmaking organization to meet special needs, if such refusal is required by or made pursuant to such program.''. (b) Definition of Adverse Action.--Section 9301 of title 31, United States Code, is amended-- (1) by striking the period at the end of paragraph (1) and inserting a semicolon; (2) by striking the period at the end of paragraph (2) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) `adverse action'-- ``(A) means a denial of a bond, a change in the terms of an existing bonding arrangement, or a refusal to issue a bond in the amount or on substantially the terms requested; and ``(B) does not include any refusal to issue an additional bond under an existing bonding arrangement where the applicant is in default, or where such additional bond would exceed a previously established bonding limit.''. SEC. 4. CIVIL PENALTIES. Section 9308 of title 31, United States Code, is amended-- (1) in the first sentence by striking ``A surety corporation'' and inserting the following: ``(a) Liability to the United States.--A surety corporation''; (2) in the second sentence by striking ``A civil action'' and inserting the following: ``(c) Jurisdiction.--A civil action''; (3) in the third sentence by striking ``A penalty imposed'' and inserting the following: ``(d) Effect of Penalties on Contracts.--A penalty imposed''; and (4) by inserting after subsection (a) (as designated by paragraph (1)) the following new subsection: ``(b) Liability for Discriminatory Action.--Any surety corporation that fails to comply with section 9310(b) shall be liable to the applicant for-- ``(1) any actual damage sustained by such applicant (individually or as a member of a class); and ``(2) in the case of any successful action under this subsection, the costs of the action, together with reasonable attorney's fees, as determined by the court.''. SEC. 5. REGULATIONS. The Secretary of the Treasury shall issue such proposed regulations as may be necessary to carry out this Act not later than 270 days after the date of the enactment of this Act. The final regulations shall become effective not later than 1 year after the date of enactment of this Act. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall become effective on the earlier of-- (1) the effective date of final regulations promulgated pursuant to section 5; or (2) the end of the 1-year period beginning on the date of enactment of this Act.

Equal Surety Bond Opportunity Act of 1993 - Prohibits a company from being approved as a surety by the Secretary of the Treasury or from providing any surety bond unless it maintains full compliance with this Act. Amends Federal law regarding Treasury-approved surety firms to require them to: (1) notify a bond applicant of the status of his or her application within ten days of its receipt; and (2) provide a statement of specific reasons to each applicant whose bond application has been denied. Cites activities which constitute unlawful discrimination under this Act. Makes a surety corporation liable to the applicant for civil penalties for violations of this Act.

Equal Surety Bond Opportunity Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard State Partnership Program Enhancement Act''. SEC. 2. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP PROGRAM. (a) State Partnership Program.-- (1) In general.--Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 116. State Partnership Program ``(a) Purposes of Program.--The purposes of the State Partnership Program of the National Guard are the following: ``(1) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted. ``(2) To support the objectives of the United States chief of mission of the partner nation with which contacts and activities are conducted. ``(3) To build international partnerships and defense and security capacity. ``(4) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments to support building of defense and security capacity. ``(5) To facilitate intergovernmental collaboration between the United States Government and foreign governments in the areas of defense and security. ``(6) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security. ``(b) Availability of Appropriated Funds for Program.--(1) Funds appropriated to the Department of Defense, including funds appropriated for the Air and Army National Guard, shall be available for the payment of costs incurred by the National Guard to conduct activities under the State Partnership Program, whether those costs are incurred inside or outside the United States. ``(2) Costs incurred by the National Guard and covered under paragraph (1) may include the following: ``(A) Costs of pay and allowances of members of the National Guard. ``(B) Travel and necessary expenses of United States personnel outside of the Department of Defense in support of the State Partnership Program. ``(C) Travel and necessary expenses of foreign participants directly supporting activities under the State Partnership Program. ``(c) Limitations on Use of Funds.--(1) Funds shall not be available under subsection (b) for activities conducted in a foreign country unless jointly approved by-- ``(A) the commander of the combatant command concerned; and ``(B) the chief of mission concerned, with the concurrence of the Secretary of State. ``(2) Funds shall not be available under subsection (b) for the participation of a member of the National Guard in activities in a foreign country unless the member is on active duty in the armed forces at the time of such participation. ``(3) Funds shall not be available under subsection (b) for interagency activities involving United States civilian personnel or foreign civilian personnel unless the participation of such personnel in such activities-- ``(A) contributes to responsible management of defense resources; ``(B) fosters greater respect for and understanding of the principle of civilian control of the military; ``(C) contributes to cooperation between the United States armed forces and civilian governmental agencies and foreign military and civilian government agencies; or ``(D) improves international partnerships and capacity on matters relating to defense and security. ``(d) Reimbursement.--(1) In the event of the participation of United States Government participants (other than personnel of the Department of Defense) in activities for which payment is made under subsection (b), the head of the department or agency concerned shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities. ``(2) Amounts received under paragraph (1) shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account. ``(e) Definitions.--In this section: ``(1) The term `State Partnership Program' means a program that establishes a defense and security relationship between the National Guard of a State or territory and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country. ``(2) The term `activities', for purposes of the State Partnership Program, means any military-to-military activities or interagency activities for a purpose set forth in subsection (a)(1). ``(3) The term `interagency activities' means the following: ``(A) Contacts between members of the National Guard and foreign civilian personnel outside the ministry of defense of the foreign country concerned on a matter within the core competencies of the National Guard. ``(B) Contacts between United States civilian personnel and members of the military and security forces of a foreign country or foreign civilian personnel on a matter within the core competencies of the National Guard. ``(4) The term `matter within the core competencies of the National Guard' means matters with respect to the following: ``(A) Disaster response and mitigation. ``(B) Defense support to civil authorities. ``(C) Consequence management and installation protection. ``(D) Response to a chemical, biological, radiological, nuclear, or explosives (CBRNE) event. ``(E) Border and port security and cooperation with civilian law enforcement. ``(F) Search and rescue. ``(G) Medicine. ``(H) Counter-drug and counter-narcotics activities. ``(I) Public affairs. ``(J) Employer support and family support for reserve forces. ``(5) The term `United States civilian personnel' means the following: ``(A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States. ``(B) Members and employees of the legislative branch of the United States Government. ``(C) Non-governmental individuals. ``(6) The term `foreign civilian personnel' means the following: ``(A) Civilian personnel of a foreign government at any level (including personnel of ministries other than ministries of defense). ``(B) Non-governmental individuals of a foreign country.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 1 of such title is amended by adding at the end the following new item: ``116. State Partnership Program.''. (b) Repeal of Superseded Authority.--Section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is repealed.

National Guard State Partnership Program Enhancement Act - Codifies under federal law the National Guard State Partnership Program (defense and security partnerships between the National Guard and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country). Allows funds available to the Department of Defense (DOD), including for the Army and Air National Guard, to be used for such purposes. Repeals superseded authority under the National Defense Authorization Act for Fiscal Year 2010.

National Guard State Partnership Program Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Billing Abuse Prevention Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the General Accounting Office has reported that the use of commercial software to detect billing code abuse by medicare supplementary medical insurance program carriers may save the taxpayers $2,000,000 per day; and (2) prompt use of such software may be impeded by regulatory requirements which are not related to efficient implementation of the medicare program. SEC. 3. IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE RECOMMENDATIONS REGARDING MEDICARE CLAIMS PROCESSING. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall, by regulation, contract, change order, or otherwise, require medicare carriers to acquire commercial automatic data processing equipment (in this Act referred to as ``ADPE'') meeting the requirements of section 4 to process medicare part B claims for the purpose of identifying billing code abuse. (b) Supplementation.--Any ADPE acquired in accordance with subsection (a) shall be used as a supplement to any other ADPE used in claims processing by medicare carriers. (c) Standardization.--In order to ensure uniformity, the Secretary may require that medicare carriers that use a common claims processing system acquire common ADPE in implementing subsection (a). (d) Implementation Date.--Any ADPE acquired in accordance with subsection (a) shall be in use by medicare carriers not later than 180 days after the date of the enactment of this Act. SEC. 4. MINIMUM SOFTWARE REQUIREMENTS. (a) In General.--The requirements described in this section are as follows: (1) The ADPE shall be a commercial item. (2) The ADPE shall surpass the capability of ADPE used in the processing of medicare part B claims for identification of code manipulation on the day before the date of the enactment of this Act. (3) The ADPE shall be capable of being modified to-- (A) satisfy pertinent statutory requirements of the medicare program; and (B) conform to general policies of the Health Care Financing Administration regarding claims processing. (b) Minimum Standards.--Nothing in this Act shall be construed as preventing the use of ADPE which exceeds the minimum requirements described in subsection (a). SEC. 5. DISCLOSURE. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsection (b), any ADPE or data related thereto acquired by medicare carriers in accordance with section 3(a) shall not be subject to public disclosure. (b) Exception.--The Secretary may authorize the public disclosure of any ADPE or data related thereto acquired by medicare carriers in accordance with section 3(a) if the Secretary determines that-- (1) release of such information is in the public interest; and (2) the information to be released is not protected from disclosure under section 552(b) of title 5, United States Code. SEC. 6. REVIEW AND MODIFICATION OF REGULATIONS. Not later than 30 days after the date of the enactment of this Act, the Secretary shall order a review of existing regulations, guidelines, and other guidance governing medicare payment policies and billing code abuse to determine if revision of or addition to those regulations, guidelines, or guidance is necessary to maximize the benefits to the Federal Government of the use of ADPE acquired pursuant to section 3. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) The term ``automatic data processing equipment'' (ADPE) has the same meaning as in section 111(a)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)(2)). (2) The term ``billing code abuse'' means the submission to medicare carriers of claims for services that include procedure codes that do not appropriately describe the total services provided or otherwise violate medicare payment policies. (3) The term ``commercial item'' has the same meaning as in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). (4) The term ``medicare part B'' means the supplementary medical insurance program authorized under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j-1395w-4). (5) The term ``medicare carrier'' means an entity that has a contract with the Health Care Financing Administration to determine and make medicare payments for medicare part B benefits payable on a charge basis and to perform other related functions. (6) The term ``payment policies'' means regulations and other rules that govern billing code abuses such as unbundling, global service violations, double billing, and unnecessary use of assistants at surgery. (7) The term ``Secretary'' means the Secretary of Health and Human Services.

Medicare Billing Abuse Prevention Act of 1995 - Directs the Secretary of Health and Human Services to require Medicare carriers to acquire commercial automatic data processing equipment (ADPE) meeting specified requirements to process Medicare part B (Supplementary Medical Insurance) claims for the purpose of identifying billing code abuse and implement such ADPE by a certain date. Provides for the disclosure of ADPE and related data under limited circumstances. Requires the Secretary to order a review of existing regulations, guidelines, and other guidance governing Medicare payment policies and billing code abuse to determine if revision is necessary to maximize the benefits resulting from the use of ADPE.

Medicare Billing Abuse Prevention Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Improvement Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (3) Hydrographic data.--The term ``hydrographic data'' means information acquired through hydrographic or bathymetric surveying, photogrammetry, geodetic measurements, tide and current observations, or other methods, that is used in providing hydrographic services. (4) Hydrographic services.--The term ``hydrographic services'' means-- (A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, geodetic, and tide and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data; (B) the development of nautical information systems; and (C) related activities. (5) Act of 1947.--The term ``Act of 1947'' means the Act entitled ``An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes'', approved August 6, 1947 (33 U.S.C. 883a et seq.). SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. (a) Responsibilities.--To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947, the Administrator shall-- (1) acquire hydrographic data; (2) promulgate standards for hydrographic data used by the Administration in providing hydrographic services; (3) promulgate standards for hydrographic services provided by the Administration; (4) ensure comprehensive geographic coverage of hydrographic services, in cooperation with other appropriate Federal agencies; (5) maintain a national database of hydrographic data, in cooperation with other appropriate Federal agencies; (6) provide hydrographic services in uniform, easily accessible formats; (7) participate in the development of, and implement for the United States in cooperation with other appropriate Federal agencies, international standards for hydrographic data and hydrographic services; and (8) to the greatest extent practicable and cost-effective, fulfill the requirements of paragraphs (1) and (6) through contracts or other agreements with private sector entities. (b) Authorities.--To fulfill the data gathering and dissemination duties of the Administration under the Act of 1947, and subject to the availability of appropriations, the Administrator-- (1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services; (2) may enter into contracts and other agreements with qualified entities, consistent with subsection (a)(8), for the acquisition of hydrographic data and the provision of hydrographic services; (3) shall award contracts for the acquisition of hydrographic data in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.); and (4) may, subject to section 5, design and install where appropriate Physical Oceanographic Real-Time Systems to enhance navigation safety and efficiency. SEC. 4. QUALITY ASSURANCE PROGRAM. (a) Definition.--For purposes of this section, the term ``hydrographic product'' means any publicly or commercially available product produced by a non-Federal entity that includes or displays hydrographic data. (b) Program.-- (1) In general.--The Administrator may-- (A) develop and implement a quality assurance program, under which the Administrator may certify hydrographic products that satisfy the standards promulgated by the Administrator under section 3(a)(3); (B) authorize the use of the emblem or any trademark of the Administration on a hydrographic product certified under subparagraph (A); and (C) charge a fee for such certification and use. (2) Limitation on fee amount.--Any fee under paragraph (1)(C) shall not exceed the costs of conducting the quality assurance testing, evaluation, or studies necessary to determine whether the hydrographic product satisfies the standards adopted under section 3(a)(3), including the cost of administering such a program. (c) Limitation on Liability.--The Government of the United States shall not be liable for any negligence by a person that produces hydrographic products certified under this section. (d) Hydrographic Services Account.-- (1) Establishment.--There is established in the Treasury a separate account, which shall be known as the Hydrographic Services Account. (2) Content.--The account shall consist of-- (A) amounts received by the United States as fees charged under subsection (b)(1)(C); and (B) such other amounts as may be provided by law. (3) Limitation; deposit.--Fees deposited in this account during any fiscal year pursuant to this section shall be deposited and credited as offsetting collections to the National Oceanic and Atmospheric Administration, Operations, Research, and Facilities account. No amounts collected pursuant to this section for any fiscal year may be spent except to the extent provided in advance in appropriations Acts. (e) Limitation on New Fees and Increases in Existing Fees for Hydrographic Services.--After the date of the enactment of this Act, the Administrator may not-- (1) establish any fee or other charge for the provision of any hydrographic service except as authorized by this section; or (2) increase the amount of any fee or other charge for the provision of any hydrographic service except as authorized by this section and section 1307 of title 44, United States Code. SEC. 5. OPERATION AND MAINTENANCE OF PHYSICAL OCEANOGRAPHIC REAL-TIME SYSTEMS. (a) New Systems.--After the date of enactment of this Act, the Administrator may not design or install any Physical Oceanographic Real-Time System, unless the local sponsor of the system or another Federal agency has agreed to assume the cost of operating and maintaining the system within 90 days after the date the system becomes operational. (b) Existing Systems.--After October 1, 1999, the Administration shall cease to operate Physical Oceanographic Real-Time Systems, other than any system for which the local sponsor or another Federal agency has agreed to assume the cost of operating and maintaining the system by January 1, 1999. SEC. 6. REPORTS. (a) Photogrammetry and Remote Sensing.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Administrator shall report to the Congress on a plan to increase, consistent with this Act, contracting with the private sector for photogrammetric and remote sensing services related to hydrographic data acquisition or hydrographic services. In preparing the report, the Administrator shall consult with private sector entities knowledgeable in photogrammetry and remote sensing. (2) Contents.--The report shall include the following: (A) An assessment of which of the photogrammetric and remote sensing services related to hydrographic data acquisition or hydrographic services performed by the National Ocean Service can be performed adequately by private-sector entities. (B) An evaluation of the relative cost- effectiveness of the Federal Government and private- sector entities in performing those services. (C) A plan for increasing the use of contracts with private-sector entities in performing those services, with the goal of obtaining performance of 50 percent of those services through contracts with private-sector entities by fiscal year 2003. (b) Ports.--Not later than 6 months after the date of enactment of this Act, the Administrator shall report to the Congress on-- (1) the status of implementation of real-time tide and current data systems in United States ports; (2) existing safety and efficiency needs in United States ports that could be met by increased use of those systems; and (3) a plan for expanding those systems to meet those needs, including an estimate of the cost of implementing those systems in priority locations. (c) Maintaining Federal Expertise in Hydrographic Services.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Administrator shall report to the Congress on a plan to ensure that Federal competence and expertise in hydrographic surveying will be maintained after the decommissioning of the 3 existing National Oceanic and Atmospheric Administration hydrographic survey vessels. (2) Contents.--The report shall include-- (A) an evaluation of the seagoing capacity, personnel, and equipment necessary to maintain Federal expertise in hydrographic services; (B) an estimated schedule for decommissioning the 3 existing survey vessels; (C) a plan to maintain Federal expertise in hydrographic services after the decommissioning of these vessels; and (D) an estimate of the cost of carrying out this plan. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Administrator the following: (1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 3 and 4, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 for fiscal year 2000, $35,000,000 for fiscal year 2001, $36,000,000 for fiscal year 2002, and $37,000,000 for fiscal year 2003. (2) To conduct hydrographic surveys under section 3(a)(1), including leasing of ships, $33,000,000 for fiscal year 1999, $35,000,000 for fiscal year 2000, $37,000,000 for fiscal year 2001, $39,000,000 for fiscal year 2002, and $41,000,000 for fiscal year 2003. Of these amounts, no more than $14,000,000 is authorized for any one fiscal year to operate hydrographic survey vessels owned and operated by the Administration. (3) To carry out geodetic functions under the Act of 1947, $20,000,000 for fiscal year 1999, and $22,000,000 for each of fiscal years 2000, 2001, 2002, and 2003. (4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each of fiscal years 1999 through 2003. Of these amounts, $2,500,000 is authorized for each fiscal year to implement and operate a national quality control system for real-time tide and current data, and $7,500,000 is authorized for each fiscal year to design and install real-time tide and current data measurement systems under section 3(b)(4) (subject to section 5). SEC. 8. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 9. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Secretary of Commerce shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 10. PROHIBITION OF CONTRACTS. If it is has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. Passed the House of Representatives April 22, 1998. Attest: Robin H. Carle, Clerk.

Hydrographic Services Improvement Act of 1998 - Sets forth the responsibilities of the Administrator of the National Oceanic and Atmospheric Administration (NOAA) regarding hydrographic data, services, and standards and maintenance of a national hydrographic database. Authorizes related procurement, leasing, and contracts. Authorizes a quality assurance program, allowing certification of hydrographic products and use of a related emblem for certified products. Allows a fee for the certification and use. Establishes the Hydrographic Services Account, consisting of those fees. Requires that fees deposited in the Account be credited as offsetting collections to the NOAA Operations, Research, and Facilities account. Prohibits any charge or increase for any hydrographic service except as authorized in this paragraph (or, for increases, by specified provisions of Federal law). Prohibits the design or installation of any new, and requires the cessation of operation of any existing, Physical Oceanographic Real-Time System unless the local sponsor or another Federal agency has agreed to assume operating and maintenance costs. Requires the Administrator to report to the Congress on: (1) a plan to increase private sector contracting for photogrammetric and remote sensing services regarding hydrographic data acquisition and services; (2) implementation of real-time tide and current data systems in U.S. ports; (3) existing safety and efficiency needs in U.S. ports that could be met by increased use of those systems; (4) a plan for expanding those systems; and (5) a plan to ensure that Federal expertise in hydrographic surveying will be maintained after the decommissioning of the three existing NOAA hydrographic survey vessels. Authorizes appropriations for: (1) nautical mapping and charting; (2) conducting hydrographic surveys; (3) geodetic functions; and (4) tide and current measurement. Requires that fund recipients under this Act agree to comply with the Act popularly known as the "Buy American Act." Declares that it is the sense of the Congress that entities receiving assistance under this Act should, in expending the assistance, purchase only American-made equipment and products. Prohibits any person determined to have intentionally affixed on a product a false "Made in America" label from eligibility for any contract or subcontract made with funds under this Act.

Hydrographic Services Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Manufacturing Fellowship Act of 1998''. SEC. 2. ESTABLISHMENT OF ADVANCED MANUFACTURING FELLOWSHIP PROGRAM. Title IX of the Higher Education Act of 1965 is amended by adding after part G (20 U.S.C. 1134u et seq.) the following new part: ``PART H--ADVANCED MANUFACTURING FELLOWSHIP PROGRAM ``SEC. 981. PROGRAM AUTHORIZED. ``(a) Contract Authorized.--From the funds appropriated to carry out this part, the Secretary, by contract, shall establish an advanced manufacturing fellowship program in accordance with the requirements of this part. In carrying out such contract, the Secretary shall establish a competition to select a manufacturing association to establish such program, ``(b) Additional Contract Requirements.--The contract required by subsection (a) shall contain such provisions as are necessary to ensure that the advanced manufacturing fellowship program is conducted in accordance with the requirements of this part, including-- ``(1) provisions to ensure that any small business manufacturing enterprise that obtains an advanced manufacturing fellowship program will provide 80 percent of the cost of the salary and related benefits of the fellowship recipient; and ``(2) provisions to require such enterprises to submit, after each year of participation in the program, an evaluation of the value and benefits obtained from participation in the program. ``SEC. 982. PROGRAM OPERATIONS. ``(a) Fellowship Awards.--The advanced manufacturing fellowship program shall provide fellowships to eligible individuals to cover 20 percent of the costs of salary and related benefits, not to exceed the salary and related benefits available to similar individuals in similar employment, for fellowship recipients for one year of employment with a small business manufacturing enterprise. ``(b) Selection Procedure.-- ``(1) Advertising fellowship.--The contractor shall take such steps as may be necessary to advertise the availability of fellowships under this part. ``(2) Enterprise Application.--Any small business manufacturing enterprise that desires to obtain an advanced manufacturing fellowship program for an eligible individual shall file an application with the contractor, containing or accompanied by such information as the contractor may require. ``(3) Competitive selection.--The contractor shall award advanced manufacturing fellowships on the basis of a competitive review of the applications received in accordance with paragraph (2). In conducting such review, the contractor shall use the following criteria (and such other criteria as may be established by the contractor consistent with the contract under section 981): ``(A) the academic record of the fellowship applicant; ``(B) the recommendations submitted in support of the applicant; and ``(C) evidence indicating the nature of the contribution the applicant will make to the manufacturing enterprise. ``(4) Geographic limitation.--Not more than 20 advanced manufacturing fellowships shall be awarded for employment in any single State. ``(5) Fellowship awards.--The contractor shall provide for an appropriate public ceremony or ceremonies for, or other means of publicizing, the announcement of fellowship awards. ``(c) Eligibility.-- ``(1) Eligible individuals.--An individual shall be eligible for an advanced manufacturing fellowship if-- ``(A) such individual has received a masters or doctorate degree within the 5 years preceding the award in a science or engineering field of study; ``(B) such individual is a citizen of the United States; and ``(C) such individual is or will be employed by a small business manufacturing enterprise. ``(2) Small business manufacturing enterprise.--A business corporation, partnership, or other business organization shall be an eligible small business manufacturing enterprise for purposes of subsection (b)(2) if such corporation, partnership, or organization-- ``(A) has not more than 1,000 employees; and ``(B) is engaged in the manufacture of a product, or in the active development of a product that the enterprise will manufacture. ``SEC. 983. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $14,000,000 for fiscal year 1999 and such sums as may be necessary for each of the four succeeding fiscal years.''.

Advanced Manufacturing Fellowship Act of 1998 - Amends the Higher Education Act of 1965 to direct the Secretary of Education, by competitively selected contract, to establish an Advanced Manufacturing Fellowship program. Requires any small business manufacturing enterprise that obtains an advanced manufacturing fellowship program to: (1) provide 80 percent of the cost of the salary and related benefits of the fellowship recipient; and (2) submit a yearly evaluation of the value and benefits obtained from program participation. Requires fellowships to cover 20 percent of the costs of salary and related benefits of recipients, not to exceed the salary and related benefits available to similar individuals in similar employment, for one year of employment with a small business manufacturing enterprise. Prescribes a competitive procedure for selection of fellowship recipients. Limits to 20 the maximum number of such fellowships which may be awarded for employment in any single State. Directs the contractor to provide for an appropriate public ceremony or ceremonies for, or other means of publicizing, the announcement of fellowship awards. Makes individuals eligible for such fellowships if they are U.S. citizens who: (1) have received a masters or doctorate degree within the five years preceding the award in a science or engineering field of study; and (2) are or will be employed by a small business manufacturing enterprise. Makes an enterprise eligible if it: (1) has not more than 1,000 employees; and (2) is engaged in the manufacture of a product, or in the active development of a product that the enterprise will manufacture. Authorizes appropriations.

Advanced Manufacturing Fellowship Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stable Flood Insurance Authorization Act of 2010''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) since the enactment of National Flood Insurance Act of 1968, the National Flood Insurance Program has been the primary source of reliable, reasonably priced flood insurance coverage for millions of American homes and businesses; (2) today over 5,500,000 homes and businesses in the United States rely on the National Flood Insurance Program to provide a degree of financial security; (3) several years of below-average flood claims losses and increased voluntary participation in the National Flood Insurance Program have allowed the program to fully service the debt incurred following Hurricanes Katrina and Rita and allowed the program to pay $598,000,000 of the principal of that outstanding debt; (4) recent lapses in, and short-term reauthorizations of, the National Flood Insurance Program's ability to write and renew flood insurance coverage are estimated by the Federal Emergency Management Agency and The National Realtors Association to have adversely impacted or delayed up to 1,350 real estate closings per day; (5) though long-term authorization and significant reforms are needed to further improve the financial outlook of the National Flood Insurance Program, while such comprehensive reforms are considered, reliable, annual authorization of the program is an essential element to stabilizing the already fragile United States housing market; (6) increased flooding in areas outside designated special flood hazard areas prompted the Executive and the Congress in 2002 to begin calling for the National Flood Insurance Program to develop and disseminate revised, updated flood insurance rate maps that reflect the real risk of flooding for properties not previously identified as being located with in a special flood hazard area; (7) dissemination of accurate, up-to-date flood risk information remains a primary goal of the National Flood Insurance Program and such information should be disseminated as soon as such information is collected and available; and (8) communities should be required to make their residents aware of updated flood-risk data while communities are assessing and incorporating updated flood-risk data into long- term community planning. SEC. 3. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM. (a) Program Extension.--Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking ``September 30, 2008'' and inserting ``September 30, 2010''. (b) Financing.--Section 1309(a) of such Act (42 U.S.C. 4016(a)) is amended by striking ``September 30, 2008'' and inserting ``September 30, 2010''. (c) Extension of Pilot Program for Mitigation of Severe Repetitive Loss Properties.--Section 1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 4102a) is amended-- (1) in subsection (k)(1), by striking ``2005, 2006, 2007, 2008, and 2009'' and inserting ``2010''; and (2) by striking subsection (l). SEC. 4. CONSIDERATION OF CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT OF FLOOD PROTECTION SYSTEMS IN DETERMINATION OF FLOOD INSURANCE RATES. (a) In General.--Section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) is amended-- (1) in subsection (e)-- (A) in the first sentence, by striking ``construction of a flood protection system'' and inserting ``construction, reconstruction, or improvement of a flood protection system (without respect to the level of Federal investment or participation)''; and (B) in the second sentence-- (i) by striking ``construction of a flood protection system'' and inserting ``construction, reconstruction, or improvement of a flood protection system''; and (ii) by inserting ``based on the present value of the completed system'' after ``has been expended''; and (2) in subsection (f)-- (A) in the first sentence in the matter preceding paragraph (1), by inserting ``(without respect to the level of Federal investment or participation)'' before the period at the end; (B) in the third sentence in the matter preceding paragraph (1), by inserting ``, whether coastal or riverine,'' after ``special flood hazard''; and (C) in paragraph (1), by striking ``a Federal agency in consultation with the local project sponsor'' and inserting ``the entity or entities that own, operate, maintain, or repair such system''. (b) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate regulations to carry out the amendments made by subsection (a). Section 5 may not be construed to annul, alter, affect, authorize any waiver of, or establish any exception to, the requirement under the preceding sentence. (c) Implementation.--The Administrator of the Federal Emergency Management Agency shall implement this section and the amendments made by this section in a manner that will not materially weaken the financial position of the national flood insurance program or increase the risk of financial liability to Federal taxpayers. SEC. 5. AUTHORITY TO ESTABLISH PREMIUM RATES BY NOTICE. Subsection (a) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(a)) is amended, in the matter preceding paragraph (1), by inserting ``or notice'' after ``prescribe by regulation''. SEC. 6. 3-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE REQUIREMENT FOR NEW FLOOD HAZARD AREAS. (a) In General.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following new subsection: ``(i) Delayed Effective Date of Mandatory Purchase Requirement for New Flood Hazard Areas.-- ``(1) In general.--In the case of any area that was not previously designated as an area having special flood hazards and that, pursuant to any issuance, revision, updating, or other change in flood insurance maps that takes effect on or after September 1, 2008, becomes designated as an area having special flood hazards, if each State and local government having jurisdiction over any portion of the geographic area has complied with paragraph (2), such designation shall not take effect for purposes of subsection (a), (b), or (e) of this section, or section 202(a) of this Act, until the expiration of the 3-year period beginning upon the date that such maps, as issued, revised, update, or otherwise changed, become effective. ``(2) Notice requirements.--A State or local government shall be considered to have complied with this paragraph with respect to any geographic area described in paragraph (1) only if the State or local government has, before the effective date of the issued, revised, updated, or changed maps, and in accordance with such standards as shall be established by the Director-- ``(A) developed an evacuation plan to be implemented in the event of flooding in such portion of the geographic area; and ``(B) developed and implemented an outreach and communication plan to advise occupants in such portion of the geographic area of potential flood risks, the opportunity to purchase flood insurance, and the consequences of failure to purchase flood insurance. ``(3) Rule of construction.--Nothing in paragraph (1) may be construed to affect the applicability of a designation of any area as an area having special flood hazards for purposes of the availability of flood insurance coverage, criteria for land management and use, notification of flood hazards, eligibility for mitigation assistance, or any other purpose or provision not specifically referred to in paragraph (1).''. (b) Conforming Amendment.--The second sentence of subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended by striking ``Such'' and inserting ``Except for notice regarding a change described in section 102(i)(1) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''. (c) No Refunds.--Nothing in this section or the amendments made by this section may be construed to authorize or require any payment or refund for flood insurance coverage purchased for any property that covered any period during which such coverage is not required for the property pursuant to the applicability of the amendment made by subsection (a). SEC. 7. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE REQUIREMENT APPLICABILITY AND RATE PHASE-INS. Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4105) is amended by adding at the end the following new subsection: ``(f) Annual Notification.--The Director, in consultation with affected communities, shall establish and carry out a plan to notify residents of areas having special flood hazards, on an annual basis-- ``(1) that they reside in such an area; ``(2) of the geographical boundaries of such area; ``(3) of the provisions of section 102 requiring purchase of flood insurance coverage for properties located in such an area, including the date on which such provisions apply with respect to such area, taking into consideration section 102(i); and ``(4) of a general estimate of what similar homeowners in similar areas typically pay for flood insurance coverage.''.

Stable Flood Insurance Authorization Act of 2010 - Amends the National Flood Insurance Act of 1968 to extend through FY2010 both the National Flood Insurance Program and the Pilot Program for Mitigation of Severe Repetitive Loss Properties. Repeals the September 30, 2009, termination date for, and thus makes permanent, the authority of the Administrator of the Federal Emergency Management Agency (FEMA) to provide assistance to any state or community. Extends eligibility for flood insurance at specified maximum premium rates to any community that has made adequate progress on construction (as under current law), reconstruction, or improvement of a flood protection system which will afford flood protection for the one-hundred year frequency flood (without respect to the level of federal investment or participation). Revises the requirement that a revised Flood Insurance Rate Map be prepared for the community to delineate as Zone AR the areas of special flood hazard that result from the disaccreditation of the flood protection system. Specifies that the areas of special flood hazard may be either coastal or riverine. Revises the requirement that a community will be considered to be in the process of restoration if its flood protection system has been deemed restorable by a federal agency in consultation with the local project sponsor. Replaces a federal agency as the deeming authority with the entity or entities that own, operate, maintain, or repair the system. Directs the Administrator to implement this Act so as not to materially weaken the financial position of the national flood insurance program, or increase the risk of financial liability to federal taxpayers. Authorizes the Administrator to establish floor insurance premium rates, and related terms and conditions, by notice. Amends the Flood Disaster Protection Act of 1973 to delay the effective date of the mandatory purchase requirement for newly designated special flood hazard areas until expiration of the three-year period beginning upon the date that certain flood insurance maps are either issued, revised, or updated. Requires the Administrator to notify residents of special flood hazard areas annually that: (1) they reside in such an area; and (2) it is mandatory to purchase flood insurance coverage for their properties. Requires such notice to contain a general estimate of what similar homeowners in similar areas typically pay for such coverage.

To reauthorize the National Flood Insurance Program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Medicare Equity Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Elimination of geographic physician work adjustment factor from geographic indices used to adjust payments under the physician fee schedule. Sec. 3. Clinical rotation demonstration project. Sec. 4. Medicare rural health care quality improvement demonstration projects. Sec. 5. Ensuring proportional representation of interests of rural areas on the Medicare Payment Advisory Commission. Sec. 6. Implementation of GAO recommendations regarding geographic adjustment indices under the Medicare physician fee schedule. SEC. 2. ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK ADJUSTMENT FACTOR FROM GEOGRAPHIC INDICES USED TO ADJUST PAYMENTS UNDER THE PHYSICIAN FEE SCHEDULE. (a) Findings.--Congress finds the following: (1) Variations in the geographic physician work adjustment factors under section 1848(e) of the Social Security Act (42 U.S.C. 1395w-4(e)) result in inequity between localities in payments under the Medicare physician fee schedule. (2) Beneficiaries under the Medicare program that reside in areas where such adjustment factors are high have relatively more access to services that are paid based on such fee schedule. (3) There are a number of studies indicating that the market for health care professionals has become nationalized and historically low labor costs in rural and small urban areas have disappeared. (4) Elimination of the adjustment factors described in paragraph (1) would equalize the reimbursement rate for services reimbursed under the Medicare physician fee schedule while remaining budget-neutral. (b) Elimination.--Section 1848(e) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended-- (1) in paragraph (1)(A)(iii), by striking ``an index'' and inserting ``for services provided before January 1, 2008, an index''; and (2) in paragraph (2), by inserting ``, for services provided before January 1, 2008,'' after ``paragraph (4)), and''. (c) Budget Neutrality Adjustment for Elimination of Geographic Physician Work Adjustment Factor.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)), as amended by section 101 of the Medicare Improvement and Extension Act of 2006, is amended-- (1) in paragraph (1)(A), by striking ``The conversion'' and inserting ``Subject to paragraph (8), the conversion''; and (2) by adding at the end the following new paragraph: ``(8) Budget neutrality adjustment for elimination of geographic physician work adjustment factor.--Before applying an update for a year under this subsection, the Secretary shall (if necessary) provide for an adjustment to the conversion factor for that year to ensure that the aggregate payments under this part in that year shall be equal to aggregate payments that would have been made under such part in that year if the amendments made by section 2(b) of the Rural Medicare Equity Act of 2007 had not been enacted.''. SEC. 3. CLINICAL ROTATION DEMONSTRATION PROJECT. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a demonstration project that provides for demonstration grants designed to provide financial or other incentives to hospitals to attract educators and clinical practitioners so that hospitals that serve beneficiaries under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) who are residents of underserved areas may host clinical rotations. (b) Duration of Project.--The demonstration project shall be conducted over a 5-year period. (c) Waiver.--The Secretary shall waive such provisions of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary to conduct the demonstration project under this section. (d) Reports.--The Secretary shall submit to the appropriate committees of Congress interim reports on the demonstration project and a final report on such project within 6 months after the conclusion of the project together with recommendations for such legislative or administrative action as the Secretary determines appropriate. (e) Funding.--There are appropriated to the Secretary $20,000,000 to carry out this section. (f) Definitions.--In this section: (1) Hospital.--The term ``hospital'' means any subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that had indirect or direct costs of medical education during the most recent cost reporting period preceding the date of enactment of this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) Underserved area.--The term ``underserved area'' means such medically underserved urban areas and medically underserved rural areas as the Secretary may specify. SEC. 4. MEDICARE RURAL HEALTH CARE QUALITY IMPROVEMENT DEMONSTRATION PROJECTS. (a) Establishment.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish not more that 10 demonstration projects to provide for improvements, as recommended by the Institute of Medicine, in the quality of health care provided to individuals residing in rural areas. (2) Activities.--Activities under the projects may include public health surveillance, emergency room videoconferencing, virtual libraries, telemedicine, electronic health records, data exchange networks, and any other activities determined appropriate by the Secretary. (3) Consultation.--The Secretary shall consult with the Rural Health Quality Advisory Commission, the Office of Rural Health Policy of the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, and the Centers for Medicare & Medicaid Services in carrying out the provisions of this section. (b) Duration.--Each demonstration project under this section shall be conducted over a 4-year period. (c) Demonstration Project Sites.--The Secretary shall ensure that the demonstration projects under this section are conducted at a variety of sites representing the diversity of rural communities in the Nation. (d) Waiver.--The Secretary shall waive such provisions of titles XI and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395 et seq.) as may be necessary to conduct the demonstration projects under this section. (e) Independent Evaluation.--The Secretary shall enter into an arrangement with an entity that has experience working directly with rural health systems for the conduct of an independent evaluation of the projects conducted under this section. (f) Reports.--The Secretary shall submit to the appropriate committees of Congress interim reports on each demonstration project and a final report on such project within 6 months after the conclusion of the project. Such reports shall include recommendations regarding the expansion of the project to other areas and recommendations for such other legislative or administrative action as the Secretary determines appropriate. (g) Funding.--There are appropriated to the Secretary $50,000,000 to carry out this section. SEC. 5. ENSURING PROPORTIONAL REPRESENTATION OF INTERESTS OF RURAL AREAS ON THE MEDICARE PAYMENT ADVISORY COMMISSION. (a) In General.--Section 1805(c)(2) of the Social Security Act (42 U.S.C. 1395b-6(c)(2)) is amended-- (1) in subparagraph (A), by inserting ``consistent with subparagraph (E)'' after ``rural representatives''; and (2) by adding at the end the following new subparagraph: ``(E) Proportional representation of interests of rural areas.--In order to provide a balance between urban and rural representatives under subparagraph (A), the proportion of members who represent the interests of health care providers and Medicare beneficiaries located in rural areas shall be no less than the proportion, of the total number of Medicare beneficiaries, who reside in rural areas.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to appointments made to the Medicare Payment Advisory Commission after the date of the enactment of this Act. SEC. 6. IMPLEMENTATION OF GAO RECOMMENDATIONS REGARDING GEOGRAPHIC ADJUSTMENT INDICES UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall implement the recommendations contained in the March 2005 GAO report 05-119 entitled ``Medicare Physician Fees: Geographic Adjustment Indices are Valid in Design, but Data and Methods Need Refinement.''.

Rural Medicare Equity Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate the geographic physician work adjustment factor from the geographic indices used to adjust payments under the physician fee schedule. Directs the Secretary of Health and Human Services to establish a demonstration grants project designed to provide financial or other incentives to hospitals to attract educators and clinical practitioners so that hospitals that serve Medicare beneficiaries residing in underserved areas may host clinical rotations. Directs the Secretary to establish up to 10 demonstration projects to provide for improvements, as recommended by the Institute of Medicine, in the quality of health care provided to individuals residing in rural areas. Amends SSA title XVIII to require proportional representation of rural area interests on the Medicare Payment Advisory Commission (MEDPAC). Directs the Secretary to implement the recommendations contained in the March 2005 GAO report 05-119 entitled "Medicare Physician Fees: Geographic Adjustment Indices are Valid in Design, but Data and Methods Need Refinement."

A bill to amend title XVIII of the Social Security Act to improve the Medicare program for beneficiaries residing in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Casting Light on EAJA Agency Records for Oversight Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Equal Access to Justice Act, established in 1980 to provide small businesses, individuals, and public interest groups the opportunity to recover attorney fees and costs, is funded through a permanent Congressional appropriation. (2) The Equal Access to Justice Act, as passed, includes statutory reporting requirements to Congress on the administration and payments funded through the Act. (3) The Department of Justice and the Administrative Conference of the United States ceased reporting to Congress on EAJA payments and administration in 1995. (4) Payments authorized by EAJA have continued every year without Congressional oversight. SEC. 3. DATA COMPILATION, REPORTING, AND PUBLIC ACCESS. (a) Reporting in Agency Adjudications.--Section 504(c) of title 5, United States Code, is amended-- (1) in subsection (c)(1), by striking ``After consultation with the Chairman of the Administrative Conference of the United States, each'' and inserting ``Each''; and (2) by striking subsection (e) and inserting the following: ``(e)(1) The Attorney General of the United States shall issue an annual, online report to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year under this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, a justification for awards exceeding the cap provided in subsection (b)(1)(A), and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online, and contain a searchable database, total awards given, and total number of applications for the award of fees and other expenses that were filed, defended, and heard, and shall include, with respect to each such application, the following: ``(A) Name of the party seeking the award of fees and other expenses. ``(B) The agency to which the application for the award was made. ``(C) The name of administrative law judges in the case. ``(D) The disposition of the application, including any appeal of action taken on the application. ``(E) The hourly rates of attorneys and expert witnesses stated in the application that was awarded. ``(2) The report under paragraph (1) shall cover payments of fees and other expenses under this section that are made under a settlement agreement. ``(3) Each agency shall provide the Attorney General with such information as is necessary for the Attorney General to comply with the requirements of this subsection.''. (b) Reporting in Court Cases.--Section 2412(d) of title 28, United States Code, is amended by inserting after paragraph (4), the following: ``(5) The Attorney General of the United States shall issue an annual, online report to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year under this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, a justification for awards exceeding the cap provided in paragraph (2)(A)(ii), and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online and shall contain a searchable database of total awards given and the total number of cases filed, defended, or heard, and shall include with respect to each such case the following: ``(A) The name of the party seeking the award of fees and other expenses in the case. ``(B) The district court hearing the case. ``(C) The names of presiding judges in the case. ``(D) The name of the agency involved in the case. ``(E) The disposition of the application for fees and other expenses, including any appeal of action taken on the application. ``(F) The hourly rates of attorneys and expert witnesses stated in the application that was awarded. The report under this paragraph shall cover payments of fees and other expenses under this subsection that are made under a settlement agreement.''. SEC. 4. GAO STUDY. Not later than 30 days after the date of enactment of this Act, the Comptroller General shall commence an audit of the Equal Access to Justice Act for the years 1995 through the end of the calendar year in which this Act is enacted. The Comptroller General shall, not later than 1 year after the end of the calendar year in which this Act is enacted, complete such audit and submit to the Congress a report on the results of the audit.

Casting Light on EAJA Agency Records for Oversight Act of 2011 - Directs the Attorney General (DOJ) to issue an annual online report to Congress and the public on the amount of attorney fees and other expenses awarded during the preceding fiscal year pursuant to the law commonly known as the Equal Access to Justice Act (EAJA). Directs the Comptroller General to commence an audit of the EAJA for 1995 through the end of the calendar year in which this Act is enacted, and report to Congress on the audit results.

A bill to require the Attorney General of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2015''. SEC. 2. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--SMALL BUSINESS START-UP SAVINGS ACCOUNTS ``Sec. 530A. Small Business Start-Up Savings Accounts. ``SEC. 530A. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) General Rule.--A small business start-up savings account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the small business start-up savings account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Small Business Start-Up Savings Account.--The term `small business start-up savings account' means a trust created or organized in the United States exclusively for the purpose of making qualified start-up expenditures of the individual who is the designated beneficiary of the trust (and designated as a small business start-up savings account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a rollover contribution described in subsection (d)(4), no contribution will be accepted unless it is in cash, and contributions will not be accepted if such contribution would result in aggregate contributions for the taxable year not exceeding the lesser of-- ``(A) $10,000, or ``(B) an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual's gross income for such taxable year. ``(2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(c) Qualified Start-Up Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified start-up expenditures' has the meaning given such term by section 195. ``(2) Special rule for corporation or partnership interests.--Such term includes the taxpayer's allocable share of qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest. ``(3) Exception.--Such term shall not apply to any expenditures paid or incurred in a taxable year in connection with a trade or business if there is any day during the taxable year on which the number of full-time employees of the trade or business exceeds 50. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Any distribution shall be includible in the gross income of the distributee in the manner as provided in section 72. ``(2) Distributions for qualified start-up expenditures.-- ``(A) In general.--No amount shall be includible in gross income under paragraph (1) if the qualified start-up expenditures of the individual during the taxable year are not less than the aggregate distributions during the taxable year. ``(B) Distributions in excess of expenses.--If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified start-up expenditures bear to such aggregate distributions. ``(C) Disallowance of excluded amounts as deduction, credit, or exclusion.--No deduction, credit, or exclusion shall be allowed to the taxpayer under any other section of this chapter for any qualified start- up expenditure to the extent taken into account in determining the amount of the exclusion under this paragraph. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to any small business start-up savings account of an individual, paragraph (1) shall not apply to distributions from the small business start-up savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution described in paragraph (4)) which when added to all previous contributions for the taxable year exceeds the amount allowable as a contribution under subsection (b)(1). ``(4) Rollover contribution.--Paragraph (1) shall not apply to any amount paid or distributed from a small business start- up savings account to the account beneficiary to the extent the amount received is paid into a small business start-up savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. For purposes of this paragraph, rules similar to the rules of section 408(d)(3)(D) shall apply. ``(5) Transfer of account incident to divorce.--The transfer of an individual's interest in a small business start- up savings account to an individual's spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a small business start-up savings account with respect to which such spouse is the account beneficiary. ``(6) Treatment after death of account beneficiary.-- ``(A) Treatment if designated beneficiary is spouse.--If the account beneficiary's surviving spouse acquires such beneficiary's interest in a small business start-up savings account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such account shall be treated as if the spouse were the account beneficiary. ``(B) Other cases.-- ``(i) In general.--If, by reason of the death of the account beneficiary, any person acquires the account beneficiary's interest in a small business start-up savings account in a case to which subparagraph (A) does not apply-- ``(I) such account shall cease to be a small business start-up savings account as of the date of death, and ``(II) an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such beneficiary, in such person's gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary's gross income for the last taxable year of such beneficiary. ``(ii) Special rules.-- ``(I) Reduction of inclusion for predeath expenses.--The amount includible in gross income under clause (i) by any person (other than the estate) shall be reduced by the amount of qualified start-up expenditures which were incurred by the decedent before the date of the decedent's death and paid by such person within 1 year after such date. ``(II) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent's spouse) with respect to amounts included in gross income under clause (i) by such person. ``(e) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in subsection (n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute a small business start-up account described in subsection (a). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Adjustment for Inflation.--In the case of a taxable year beginning after December 31, 2015, the dollar amount in subsection (b)(1) 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, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(h) Reports.--The trustee of a small business start-up savings account shall make such reports regarding such account to the Secretary and to the individual for whom the account is, or is to be, maintained with respect to contributions (and the years to which they relate), distributions, aggregating $10 or more in any calendar year, and such other matters as the Secretary may require. The reports required by this subsection-- ``(1) shall be filed at such time and in such manner as the Secretary prescribes, and ``(2) shall be furnished to individuals-- ``(A) not later than January 31 of the calendar year following the calendar year to which such reports relate, and ``(B) in such manner as the Secretary prescribes. ``(i) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section, including for purposes of subsection (c)(2) the making reports by regarding qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest.''. (b) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a small business start-up savings account described in section 530A, or''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end of subsection (c) the following new paragraph: ``(7) Special rule for small business start-up savings accounts.--An individual for whose benefit a small business start-up savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 530A(d)(1) applies with respect to such transaction or if such transaction is a qualified start-up expenditure (as defined in section 530A(c)).''. (c) Failure To Provide Reports on Small Business Start-Up Savings Accounts.--Paragraph (2) of section 6693(a) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 530A(h) (relating to small business start-up savings accounts).''. (d) Excess Contributions.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(i) Excess Contributions to Small Business Start-Up Savings Accounts.--For purposes of this section, in the case of contributions to a small business start-up savings account (within the meaning of section 530A(b)), the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed for the taxable year to such accounts (other than a rollover contribution described in section 530A(d)(4)), over ``(B) the amount allowable as a contribution under section 530A(b)(1), and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts for the taxable year, and ``(B) the excess (if any) of the maximum amount allowable as a contribution under sections 530A(b)(1) for the taxable year over the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed from a small business start-up savings account in a distribution described in section 530A(d)(3) shall be treated as an amount not contributed.''. (e) Clerical Amendment.--The table of contents for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IX. Small Business Start-Up Savings Accounts''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2015 This bill creates tax-exempt small business start-up accounts to pay for the start-up expenses (defined as expenses for investigating the creation or acquisition of an active trade or business) of a business that does not employ more than 50 full-time employees during a taxable year. Cash contributions to such accounts are allowed up to the lesser of $10,000 or the amount of compensation includible in the taxpayer's gross income for the taxable year.

Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Insurance Accountability Act of 2016''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) allow for the enforcement of State laws requiring the disclosure of information about Holocaust-era insurance policies, notwithstanding the holding of the Supreme Court of the United States in American Insurance Association v. Garamendi, 539 U.S. 396 (2003) that such laws are preempted by the foreign policy espoused by the executive branch of the Federal Government addressed in that case; (2) facilitate the disclosure of information about Holocaust-era insurance policies under applicable State laws so that citizens of the United States (and other persons on whose behalf such laws were enacted) may know whether they hold any rights under the policies; (3) allow the beneficiaries of Holocaust-era insurance policies, many of whom are citizens of the United States, to bring suits in the courts of the United States to recover any proceeds under the policies to which they may be entitled, notwithstanding the defense that such suits are preempted by the executive branch foreign policy addressed in Garamendi; (4) foreclose defenses to claims brought under section 4 of this Act arising from any prior judgments or settlement agreements (including the class action judgment and settlement agreement (M21-89, United States District Court for the Southern District of New York) in In re: Assicurazioni General S.p.A. Holocaust Insurance Litigation) that were entered and approved based on the erroneous conclusion that State law claims to recover under Holocaust-era insurance claims are preempted by the executive branch foreign policy addressed in Garamendi; (5) provide for a uniform statute of limitations of 10 years after the date of enactment of this Act in any action to recover under Holocaust-era insurance policies under this Act or State law; and (6) in carrying out the purposes described in paragraphs (1) through (5), preserve the lawmaking powers of Congress under article I of the Constitution of the United States, with which the judicial decisions cited in this section are inconsistent. SEC. 3. DEFINITIONS. In this Act: (1) Beneficiary.--The term ``beneficiary'' includes-- (A) a named insured or named beneficiary under a covered policy; and (B) an heir, assignee, or legal representative of a named insured or named beneficiary described in subparagraph (A). (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, annuity, property, or other insurance policy that was-- (A) in effect at any time during the period beginning on January 31, 1933, and ending on December 31, 1945; and (B) issued to a policyholder domiciled in-- (i) any area that was occupied or controlled by Nazi Germany; or (ii) the territorial jurisdiction of Switzerland. (3) Insurer.--The term ``insurer''-- (A) means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce that issued a covered policy; and (B) includes any successor in interest to a person described in subparagraph (A). (4) Nazi germany.--The term ``Nazi Germany'' means-- (A) the Nazi government of Germany; and (B) any government that-- (i) had friendly relations with the Nazi government of Germany; (ii) was allied with or controlled by the Nazi government of Germany; or (iii) exercised or claimed sovereignty over any area occupied by the military forces of the Nazi government of Germany. (5) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS. (a) Civil Actions To Recover Under Covered Policies.--A beneficiary of a covered policy may bring a civil action against the insurer for the covered policy or a related company of the insurer to recover proceeds due under the covered policy or otherwise to enforce any rights under the covered policy. (b) Nationwide Service of Process.--For a civil action brought under subsection (a) in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. (c) Remedies.-- (1) Damages.-- (A) In general.--A court shall award to a prevailing beneficiary in a civil action brought under subsection (a)-- (i) the amount of the proceeds due under the covered policy; (ii) prejudgment interest on the amount described in clause (i) from the date the amount was due until the date of judgment, calculated at a rate of 6 percent per year, compounded annually; and (iii) any other appropriate relief necessary to enforce rights under the covered policy. (B) Treble damages.--If a court finds that an insurer or related company of the insurer acted in bad faith, the court shall award damages in an amount equal to 3 times the amount otherwise to be awarded under subparagraph (A). (2) Attorney's fees and costs.--A court shall award reasonable attorney's fees and costs to a prevailing beneficiary in a civil action brought under subsection (a). (d) Limitation.--A civil action may not be brought under this section on or after the date that is 10 years after the date of enactment of this Act. SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES. (a) In General.-- (1) Effect.--Subject to subsection (b)(1), a judgment or release described in paragraph (2) shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under section 4 by any person. (2) Judgments and releases.--A judgment or release described in this paragraph is-- (A) a judgment entered before the date of enactment of this Act for any claim arising under a covered policy in any civil action in a Federal or State court; or (B) an agreement entered into before the date of enactment of this Act under which any person (on behalf of the person, any other person, or a class of persons) agrees not to assert or agrees to waive or release any claim described in subparagraph (A), regardless of whether the agreement is-- (i) denominated as a release, discharge, covenant not to sue, or otherwise; or (ii) approved by a court. (b) Rules of Construction.-- (1) In general.--Except as provided in paragraph (2), nothing in this section shall affect the validity or enforceability of any agreement entered into between any claimant under a covered policy and the International Commission on Holocaust Era Insurance Claims or an insurer under which the claimant has agreed to release or waive any claim in consideration for payment under a covered policy. (2) Exception.--Paragraph (1) shall not apply to any agreement for which the payment is denominated as humanitarian by the International Commission on Holocaust Era Insurance Claims. SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY. (a) Effect of Executive Agreements and Executive Foreign Policy on State Laws.--An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not supercede or preempt the law of any State-- (1) relating to a claim under or relating to a covered policy against the insurer for the covered policy or a related company of the insurer; or (2) that requires an insurer doing business in the State or any related company of the insurer to disclose information regarding a covered policy issued by the insurer. (b) Effect of Executive Agreements and Executive Foreign Policy on Claims Brought Under This Act.--An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not compromise, settle, extinguish, waive, preclude, bar, or foreclose a claim brought under section 4. (c) Executive Agreements and Executive Foreign Policy Covered.-- (1) Executive agreements.--An executive agreement described in this paragraph is an executive agreement between the United States and a foreign government entered into before, on, or after the date of enactment of this Act. (2) Executive foreign policy.--An executive foreign policy described in this paragraph is a foreign policy of the executive branch of the Federal Government established before, on, or after the date of enactment of this Act. SEC. 7. EFFECT ON STATE LAWS. Nothing in this Act shall supersede or preempt any State law except to the extent the law of the State conflicts with this Act. SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW. A claim brought under any State law described in section 6(a) shall not be deemed untimely on the basis of any State or Federal statute of limitations or on the basis of any other legal or equitable rule or doctrine (including laches) governing the timeliness of claims if the claim is filed not later than 10 years after the date of enactment of this Act. SEC. 9. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of such provision to any other person or circumstance shall not be affected thereby. SEC. 10. EFFECTIVE DATE; APPLICABILITY. This Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any claim relating to a covered policy that is brought, before, on, or after the date of enactment of this Act.

Holocaust Insurance Accountability Act of 2016 This bill allows a beneficiary of a Holocaust-era life, dowry, education, annuity, property, or other insurance policy to bring a civil action in a U.S. district court against the insurer for the covered policy to recover proceeds due or, otherwise, to enforce any rights under the policy. The bill covers any policy that was: (1) in effect at any time from January 31, 1933, to December 31, 1945; and (2) issued to a policy holder domiciled in any area that was occupied or controlled by Nazi Germany, an ally or friendly government, or the territorial jurisdiction of Switzerland. The bill requires the award: (1) to a prevailing beneficiary of the amount of the proceeds due under the policy, plus prejudgment interest at 6% per year, compounded annually, calculated from the date the amount was originally due; and (2) of treble damages against any insurer that acted in bad faith. A civil action under this bill must be filed within 10 years after enactment of this bill. A prior judgment or release entered for any claim arising under a covered policy in any civil action in a federal or state court shall not impair a claim brought under this bill. Any executive agreement between the United States and a foreign government or any executive foreign policy of the U.S. government shall not supercede or preempt any state law or compromise, settle, extinguish, waive, preclude, bar, or foreclose any claim brought under this bill. A claim brought under state law within 10 years after enactment of this bill shall not be deemed untimely on the basis of any state or federal statute of limitations or on the basis of any other legal or equitable rule or doctrine governing timeliness.

Holocaust Insurance Accountability Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Parole Commission Extension Act of 2013''. SEC. 2. AMENDMENT OF SENTENCING REFORM ACT OF 1984. For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ``26 years'' or ``26-year period'' shall be deemed a reference to ``31 years'' or ``31-year period'', respectively. SEC. 3. PAROLE COMMISSION REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the following for fiscal years 2012 and 2013: (1) The number of offenders in each type of case over which the Commission has jurisdiction, including the number of Sexual or Violent Offender Registry offenders and Tier Levels offenders. (2) The number of hearings, record reviews and National Appeals Board considerations conducted by the Commission in each type of case over which the Commission has jurisdiction. (3) The number of hearings conducted by the Commission by type of hearing in each type of case over which the Commission has jurisdiction. (4) The number of record reviews conducted by the Commission by type of consideration in each type of case over which the Commission has jurisdiction. (5) The number of warrants issued and executed compared to the number requested in each type of case over which the Commission has jurisdiction. (6) The number of revocation determinations by the Commission in each type of case over which the Commission has jurisdiction. (7) The distribution of initial offenses, including violent offenses, for offenders in each type of case over which the Commission has jurisdiction. (8) The distribution of subsequent offenses, including violent offenses, for offenders in each type of case over which the Commission has jurisdiction. (9) The percentage of offenders paroled or re-paroled compared with the percentage of offenders continued to expiration of sentence (less any good time) in each type of case over which the Commission has jurisdiction. (10) The percentage of cases (except probable cause hearings and hearings in which a continuance was ordered) in which the primary and secondary examiner disagreed on the appropriate disposition of the case (the amount of time to be served before release), the release conditions to be imposed, or the reasons for the decision in each type of case over which the Commission has jurisdiction. (11) The percentage of decisions within, above, or below the Commission's decision guidelines for Federal initial hearings (28 CFR 2.20) and Federal and D.C. Code revocation hearings (28 CFR 2.21). (12) The percentage of revocation and non-revocation hearings in which the offender is accompanied by a representative in each type of case over which the Commission has jurisdiction. (13) The number of administrative appeals and the action of the National Appeals Board in relation to those appeals in each type of case over which the Commission has jurisdiction. (14) The projected number of Federal offenders that will be under the Commission's jurisdiction as of October 31, 2018. (15) An estimate of the date on which no Federal offenders will remain under the Commission's jurisdiction. (16) The Commission's annual expenditures for offenders in each type of case over which the Commission has jurisdiction. (17) The annual expenditures of the Commission, including travel expenses and the annual salaries of the members and staff of the Commission. (b) Succeeding Fiscal Years.--For each of fiscal years 2014 through 2018, not later than 90 days after the end of the fiscal year, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the items in paragraphs (1) through (17) of subsection (a), for the fiscal year. (c) District of Columbia Parole Failure Rate Report.--Not later than 180 days after the date of enactment of this Act, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the following: (1) The parole failure rate for the District of Columbia for the last full fiscal year immediately preceding the date of the report. (2) The factors that cause that parole failure rate. (3) Remedial measures that might be undertaken to reduce that parole failure rate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. United States Parole Commission Extension Act of 2013 - Extends the United States Parole Commission for five years. Directs the Commission, within 180 days after enactment of this Act, to report the following, for FY2012-FY2013, with regard to each type of case over which it has jurisdiction: (1) the number of offenders; (2) the number of hearings, record reviews, and National Appeals Board considerations conducted by the Commission; (3) the number of hearings conducted by the Commission by type of hearing; (4) the number of record reviews conducted by the Commission by type of consideration; (5) the number of warrants issued and executed compared to the number requested; (6) the number of revocation determinations by the Commission; (7) the distribution of initial offenses; (8) the distribution of subsequent offenses; (9) the percentage of offenders paroled or re-paroled compared with the percentage of offenders continued to expiration of sentence; (10) the percentage of cases in which the primary and secondary examiner disagreed on the appropriate disposition of the case, the release conditions to be imposed, or the reasons for the decision; (11) the percentage of revocation and non-revocation hearings in which the offender is accompanied by a representative; (12) the number of administrative appeals and the action of the National Appeals Board in relation to those appeals; and (13) the Commission's annual expenditures for offenders. Directs the Commission to report on: (1) the percentage of decisions within, above, or below its decision guidelines for federal initial hearings and federal and D.C. Code revocation hearings; (2) the projected number of federal offenders that will be under its jurisdiction as of October 31, 2018; (3) an estimate of the date on which no federal offenders will remain under its jurisdiction; and (4) its annual expenditures, including travel expenses and the annual salaries of its members and staff. Requires the Commission to make such reports for each of FY2014-FY2018 within 90 days after the end of the fiscal year. Directs the Commission, within 180 days after enactment of this Act, to report on: (1) the parole failure rate for the District of Columbia for the preceding fiscal year, (2) the factors that caused that rate, and (3) remedial measures that might be undertaken to reduce that rate.

United States Parole Commission Extension Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legal Timber Protection Act''. SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES. (a) In General.--The Lacey Act Amendments of 1981 are amended-- (1) in section 2 (16 U.S.C. 3371)-- (A) by striking subsection (f) and inserting the following: ``(f) Plant.-- ``(1) In general.--The term `plant' means any wild member of the plant kingdom, including roots, seeds, parts, and products thereof. ``(2) Exclusions.--The term `plant' excludes any common food crop or cultivar that is a species not listed-- ``(A) in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); or ``(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).''; (B) in subsection (h), by inserting ``also'' after ``plants the term''; and (C) by striking subsection (j) and inserting the following: ``(j) Take.--The term `take' means-- ``(1) to capture, kill, or collect; and ``(2) with respect to a plant, also to harvest, cut, log, or remove.''; (2) in section 3 (16 U.S.C. 3372)-- (A) in subsection (a)-- (i) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) any plant-- ``(i) taken, transported, possessed, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-- ``(I) the theft of plants; ``(II) the taking of plants from a park, forest reserve, or other officially protected area; ``(III) the taking of plants from an officially designated area; or ``(IV) the taking of plants without, or contrary to, required authorization; ``(ii) taken, transported, or exported without the payment of appropriate royalties, taxes, or stumpage fees required for such plant by any law or regulation of any State or by any foreign law; or ``(iii) exported or transshipped in violation of any limitation under any law or regulation of any State or under any foreign law; or''; and (ii) in paragraph (3), by striking subparagraph (B) and inserting the following: ``(B) to possess any plant-- ``(i) taken, transported, possessed, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-- ``(I) the theft of plants; ``(II) the taking of plants from a park, forest reserve, or other officially protected area; ``(III) the taking of plants from an officially designated area; or ``(IV) the taking of plants without, or contrary to, required authorization; ``(ii) taken, transported, or exported without the payment of appropriate royalties, taxes, or stumpage fees required for such plant by any law or regulation of any State or by any foreign law; or ``(iii) exported or transshipped in violation of any limitation under any law or regulation of any State or under any foreign law; or''; and (B) by adding at the end the following: ``(f) Plant Declarations.-- ``(1) In general.--Effective 180 days from the date of enactment of this subsection and except as provided in paragraph (3), it shall be unlawful for any person to import any plant unless the person files upon importation where clearance is requested a declaration that contains-- ``(A) the scientific name of any plant (including the genus and species of the plant) contained in the importation; ``(B) a description of-- ``(i) the value of the importation; and ``(ii) the quantity, including the unit of measure, of the plant; and ``(C) the name of the country from which the plant was taken. ``(2) Declaration relating to plant products.--Until the date on which the Secretary promulgates a regulation under paragraph (6), a declaration relating to a plant product shall-- ``(A) in the case in which the species of plant used to produce the plant product that is the subject of the importation varies, and the species used to produce the plant product is unknown, contain the name of each species of plant that may have been used to produce the plant product; and ``(B) in the case in which the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than 1 country, and the country from which the plant was taken and used to produce the plant product is unknown, contain the name of each country from which the plant may have been taken. ``(3) Exclusions.--Paragraphs (1) and (2) shall not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported. ``(4) Review.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall review the implementation of each requirement described in paragraphs (1) and (2) and the effect of the exclusions in paragraph (3). ``(5) Report.-- ``(A) In general.--Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary shall submit to the appropriate committees of Congress a report containing-- ``(i) an evaluation of-- ``(I) the effectiveness of each type of information required under paragraphs (1) and (2) in assisting enforcement of section 3; and ``(II) the potential to harmonize each requirement described in paragraphs (1) and (2) with other applicable import regulations in existence as of the date of the report; ``(ii) recommendations for such legislation as the Secretary determines to be appropriate to assist in the identification of plants that are imported into the United States in violation of section 3; and ``(iii) an analysis of the effect of the provisions of subsection (a) and (f) on-- ``(I) the cost of legal plant imports; and ``(II) the extent and methodology of illegal logging practices and trafficking. ``(B) Public participation.--In conducting the review under paragraph (3), the Secretary shall provide public notice and an opportunity for comment. ``(6) Promulgation of regulations.--Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary may promulgate regulations-- ``(A) to limit the applicability of any requirement described in paragraph (2) to specific plant products; ``(B) to make any other necessary modification to any requirement described in paragraph (2), as determined by the Secretary based on the review under paragraph (4); and ``(C) to limit the scope of exclusion in paragraph (3) if warranted as a result of the review under paragraph (4).''; (3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking ``section 4'' and inserting ``section 3(f), section 4,''; (4) in section 4 (16 U.S.C. 3373)-- (A) by striking ``subsections (b) and (d)'' each place it appears and inserting ``subsections (b), (d), and (f)''; (B) by inserting ``or section 3(f)'' after ``section 3(d)'' each place it appears; and (C) in subsection (a)(2), by inserting ``or who violates subsection 3(f) other than as provided in paragraph (1)'' after ``subsection 3(b)''; and (5) by adding at the end of section 5 (16 U.S.C. 3374) the following: ``(d) Civil Forfeitures.--Civil forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code.''. (b) Technical Correction.-- (1) Correction.--Section 102(c) of Public Law 100-653 is amended-- (A) by inserting ``of the Lacey Act Amendments of 1981'' after ``Section 4''; and (B) by striking ``(other than section 3(b))'' and inserting ``(other than subsection 3(b))''. (2) Effective date.--Paragraph (1) shall be effective immediately upon the effectiveness of section 102(c) of Public Law 100-653.

Legal Timber Protection Act - Amends the Lacey Act Amendments of 1981 to redefine "plant" to mean any wild member of the plant kingdom, including roots, seeds, parts, and products thereof, excluding any common food crop or cultivar that is a species not listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora or an endangered or threatened species under the Endangered Species Act of 1973. Redefines "take" under such Act to include the harvesting, cutting, logging, or removing of a plant. Restates and modifies prohibitions under such Act against the sale or possession of plants in violation of state or foreign laws enacted to protect such plants. Requires the Secretary of Agriculture to allow public participation in the review of the implementation of plant declaration requirements.

To amend the Lacey Act Amendments of 1981 to extend its protections to plants illegally harvested outside of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Improvement and Integrity Act of 2001''. SEC. 2. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS. (a) In General.--Section 1512 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``as provided in paragraph (2)'' and inserting ``as provided in paragraph (3)''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to-- ``(A) influence, delay, or prevent the testimony of any person in an official proceeding; ``(B) cause or induce any person to-- ``(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; ``(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; ``(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or ``(iv) be absent from an official proceeding to which that person has been summoned by legal process; or ``(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3).''; and (D) in paragraph (3), as redesignated-- (i) by striking ``and'' at the end of subparagraph (A); and (ii) by striking subparagraph (B) and inserting the following: ``(B) in the case of-- ``(i) an attempt to murder; or ``(ii) the use or attempted use of physical force against any person; imprisonment for not more than 20 years; and ``(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 10 years.''; (2) in subsection (b), by striking ``or physical force''; and (3) by adding at the end the following: ``(j) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.''. (b) Retaliating Against a Witness.--Section 1513 of title 18, United States Code, is amended by adding at the end the following: ``(e) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.''. (c) Conforming Amendments.-- (1) Witness tampering.--Section 1512 of title 18, United States Code, is amended in subsections (b)(3) and (c)(2) by inserting ``supervised release,'' after ``probation''. (2) Retaliation against a witness.--Section 1513 of title 18, United States Code, is amended in subsections (a)(1)(B) and (b)(2) by inserting ``supervised release,'' after ``probation''. SEC. 3. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH A FINE AND IMPRISONMENT. (a) In General.--Title 18 of the United States Code is amended-- (1) in section 401, by inserting ``or both,'' after ``fine or imprisonment,''; (2) in section 1705, by inserting ``, or both'' after ``years''; and (3) in sections 1916, 2234, and 2235, by inserting ``, or both'' after ``year''. (b) Imposition by Magistrate.--Section 636 of title 28, United States Code, is amended-- (1) in subsection (e)(2), by inserting ``, or both,'' after ``fine or imprisonment''; and (2) in subsection (e)(3), by inserting ``or both,'' after ``fine or imprisonment,''. SEC. 4. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA AGREEMENT. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3296. Counts dismissed pursuant to a plea agreement ``(a) In General.--Notwithstanding any other provision of this chapter, any counts of an indictment or information that are dismissed pursuant to a plea agreement shall be reinstated by the District Court if-- ``(1) the counts sought to be reinstated were originally filed within the applicable limitations period; ``(2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges; ``(3) the guilty plea was subsequently vacated on the motion of the defendant; and ``(4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final. ``(b) Defenses; Objections.--Nothing in this section shall preclude the District Court from considering any defense or objection, other than statute of limitations, to the prosecution of the counts reinstated under subsection (a).''. (b) Technical and Conforming Amendment.--Chapter 213 of title 18, United States Code, is amended in the table of sections by adding at the end the following new item: ``3296. Counts dismissed pursuant to a plea agreement.''. SEC. 5. APPEALS FROM CERTAIN DISMISSALS. Section 3731 of title 18, United States Code, is amended by inserting ``, or any part thereof'' after ``as to any one or more counts''. SEC. 6. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN CONTROLLED SUBSTANCE CASES. (a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and (D) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) are amended by striking ``Any sentence'' and inserting ``Notwithstanding section 3583 of title 18, any sentence''. (b) Penalties for Drug Import and Export.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraphs (1), (2), and (3), by striking ``Any sentence'' and inserting ``Notwithstanding section 3583 of title 18, any sentence''; and (2) in paragraph (4), by inserting ``notwithstanding section 3583 of title 18,'' before ``in addition to such term of imprisonment''. SEC. 7. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF IMPRISONMENT IN CERTAIN CASES. Section 3582(c)(1)(A) of title 18, United States Code, is amended by inserting ``(and may impose a sentence of probation or supervised release with or without conditions)'' after ``may reduce the term of imprisonment''. SEC. 8. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION OF SUPERVISED RELEASE. Subsections (c) and (e) of section 3583 of title 18, United States Code, are amended by striking ``and (a)(6) and inserting ``(a)(6), and (a)(7)''.

Judicial Improvement and Integrity Act of 2001 - Amends the Federal criminal code to expand the scope of provisions concerning, and increase penalties for, tampering with witnesses, victims, or informants. Sets forth provisions prohibiting the use of (or threat to use) physical force with intent to influence, delay, or prevent the testimony of any person in an official proceeding. Specifies that whoever conspires to tamper with a witness, victim, or informant, or to retaliate against any such individuals, shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.Modifies various code prohibitions to permit imposition of both a fine and imprisonment, instead of just one or the other, including for contempt and for destruction of letter boxes or mail.Directs that any counts of an indictment or information that are dismissed pursuant to a plea agreement be reinstated by the District Court if: (1) such counts were originally filed within the applicable limitations period; (2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges; (3) the guilty plea was subsequently vacated on the motion of the defendant; and (4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final.

A bill to make improvements in title 18, United States Code, and safeguard the integrity of the criminal justice system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Repair and Rehabilitation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings in the United States need to be replaced. (2) Almost \1/3\ of such buildings were built prior to World War II. (3) It is estimated that 1 of every 4 public school buildings in the United States is in inadequate condition, and of such buildings, 61 percent need maintenance or major repairs, 43 percent are obsolete, 42 percent contain environmental hazards, 25 percent are overcrowded, and 13 percent are structurally unsound. (4) According to the 1992 Current Population Survey conducted by the Bureau of Labor Statistics, unemployment in the construction industry is at 13 percent for skilled workers and 22.9 percent for laborers. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) Grants to States.--The Secretary of Labor shall provide grants to States for the purpose of establishing and carrying out programs that provide payments for labor and related costs associated with the repair and rehabilitation of elementary school and secondary school facilities located in such States. (b) Grants to Indian Tribes.-- (1) In general.--Not less than 5 percent of amounts appropriated to carry out this Act for each fiscal year shall be used by the Secretary to provide grants to Indian tribes for the purpose of establishing and carrying out programs that provide payments for labor and related costs associated with the repair and rehabilitation of Indian tribal school facilities under the jurisdiction of such tribes. (2) Rule of construction.--Nothing contained in paragraph (1) shall be construed to relieve the Secretary of the Interior of the responsibility to provide adequate and equitable funding under the Snyder Act (25 U.S.C. 13) for the operations and maintenance of Indian tribal school facilities. SEC. 4. APPLICATION. (a) In General.--The Secretary may not provide a grant under section 3 to a State or Indian tribe unless the State or Indian tribe, as the case may be, submits to the Secretary an application in such form and containing such information as the Secretary may require. (b) Assurances.--Such application shall include assurances the State or Indian tribe, as the case may be, will use Federal funds received from a grant under section 3 to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under such section. SEC. 5. USE OF AMOUNTS. (a) In General.--The Secretary may not provide a grant under section 3 to a State or Indian tribe unless the State or Indian tribe, as the case may be, agrees that it will use all amounts received from such grant to establish a program to provide wages and related employment benefits to individuals for the purpose of employing such individuals to repair and rehabilitate elementary school and secondary school facilities, or Indian tribal school facilities, as the case may be. (b) Other Requirements.-- (1) Priority to unemployed individuals.--In selecting individuals for a program established under subsection (a), a State or Indian tribe shall give priority to individuals who are unemployed, particularly to those individuals who have been unemployed for the longest periods of time. (2) Coordination with appropriate entities.--In carrying out a program established under subsection (a), a State shall coordinate the activities of such program with appropriate entities located in such State, including appropriate private industry councils (described in section 102 of the Job Training Partnership Act (29 U.S.C. 1512), units of general local government, nonprofit private organizations, and local educational agencies. SEC. 6. LABOR STANDARDS. (a) Nondiscrimination.--No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any program described in section 5(a) because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. (b) Davis-Bacon Requirements.-- (1) Prevailing wages required.--All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are federally assisted under this Act, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act), as amended (40 U.S.C. 276a-276a-5). The Secretary shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). (2) Funding required.--Such rates are not required to be paid to participants under this Act unless they are employed in connection with projects funded by this Act in whole or in part, exclusive of wages and benefits, or projects covered by any other statute requiring the payment of such Davis-Bacon Act wage rates. SEC. 7. REPORTS. The Secretary may not provide a grant under section 3 to a State or Indian tribe unless the State or Indian tribe, as the case may be, agrees that it will submit, for any fiscal year in which it receives a grant under such section, a report to the Secretary describing the use of such grant and any other information the Secretary determines to be appropriate. SEC. 8. SELECTION. (a) Amount of Grant.--The annual amount of a grant provided under section 3 to a State or Indian tribe, as the case may be, shall not exceed 10 percent of amounts appropriated for a fiscal year to carry out this Act. (b) Priority.--In providing grants under section 3, the Secretary shall give priority to those States having the most elementary school and secondary school facilities that are in need of repair and that are located in areas of high unemployment. SEC. 9. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 1471(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(8)). (2) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (3) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)). (4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 1471(21) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(21)). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, American Samoa, Guam, the Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau. (7) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 1471(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(23)).

School Repair and Rehabilitation Act - Directs the Secretary of Labor to make grants to States and Indian tribes for programs that provide payments for labor and related costs for repair and rehabilitation of elementary and secondary school facilities. Gives priority to those States having the most facilities in need of repair and located in high unemployment areas.

School Repair and Rehabilitation Act

SECTION 1. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration a Highly Automated Vehicle Advisory Council (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. Any subcommittee of the Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties and Subcommittees.--The Council may form subcommittees as needed to undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding-- (1) labor and employment issues that may be affected by the deployment of highly automated vehicles; (2) the impact of the development and deployment of highly automated vehicles on the environment; (3) protection of consumer privacy and security of information collected by highly automated vehicles; and (4) cabin safety for highly automated vehicle passengers, and how automated driving systems may impact collision vectors, overall crashworthiness, and the use and placement of airbags, seatbelts, anchor belts, head restraints, and other protective features in the cabin. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council and any subcommittees of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Secretary's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council and any subcommittees of the Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.

This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Highly Automated Vehicle Advisory Council to undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding: labor and employment issues that may be affected by the deployment of highly automated vehicles; the impact of the development and deployment of such vehicles on the environment; protection of consumer privacy and security of information collected by such vehicles; and cabin safety for vehicle passengers and how automated driving systems may impact collision vectors, overall crashworthiness, and the use and placement of airbags, seatbelts, anchor belts, head restraints, and other protective features in the cabin. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.

To provide for the establishment in the National Highway Traffic Safety Administration of a Highly Automated Vehicle Advisory Council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Nutrition Promotion and School Lunch Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) for a school food service program to receive Federal reimbursements under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) or the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), school meals served by that program must meet science-based nutritional standards established by Congress and the Secretary of Agriculture; (2) foods sold individually outside the school meal programs (including foods sold in vending machines, a la carte or snack lines, school stores, and snack bars) are not required to meet comparable nutritional standards; (3) in order to promote child nutrition and health, Congress-- (A) has authorized the Secretary to establish nutritional standards in the school lunchroom during meal time; and (B) since 1979, has prohibited the sale of food of minimal nutritional value, as defined by the Secretary, in areas where school meals are sold or eaten; (4) Federally-reimbursed school meals and child nutrition and health are undermined by the uneven authority of the Secretary to set nutritional standards throughout the school campus and over the course of the school day; (5) since 1979, when the Secretary defined the term ``food of minimal nutritional value'' and promulgated regulations for the sale of those foods during meal times, nutrition science has evolved and expanded; (6) the current definition of ``food of minimal nutritional value'' is inconsistent with current knowledge about nutrition and health; (7) because some children purchase foods other than balanced meals provided through the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), the efforts of parents to ensure that their children consume healthful diets are undermined; (8) experts in nutrition science have found that-- (A) since 1980, rates of obesity have doubled in children and tripled in adolescents; (B) only 2 percent of children eat a healthy diet that is consistent with Federal nutrition recommendations; (C) 3 out of 4 high school students do not eat the minimum recommended number of servings of fruits and vegetables each day; and (D) type 2 diabetes, which is primarily due to poor diet and physical inactivity, is rising rapidly in children; (9) in 1996, children aged 2 to 18 years consumed an average of 118 more calories per day than similar children did in 1978, which is the equivalent of 12 pounds of weight gain annually, if not compensated for through increased physical activity; and (10) according to the Surgeon General, the direct and indirect costs of obesity in the United States are $117,000,000,000 per year. SEC. 3. FOOD OF MINIMAL NUTRITIONAL VALUE. Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended-- (1) by striking the section heading and all that follows through ``(a) The Secretary'' and inserting the following: ``SEC. 10. REGULATIONS. ``(a) In General.--The Secretary''; and (2) by striking subsections (b) and (c) and inserting the following: ``(b) Food of Minimal Nutritional Value.-- ``(1) Proposed regulations.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall promulgate proposed regulations to revise the definition of `food of minimal nutritional value' that is used to carry out this Act and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(B) Application.--The revised definition of `food of minimal nutritional value' shall apply to all foods sold-- ``(i) outside the school meal programs; ``(ii) on the school campus; and ``(iii) at any time during the school day. ``(C) Requirements.--In revising the definition, the Secretary shall consider-- ``(i) both the positive and negative contributions of nutrients, ingredients, and foods (including calories, portion size, saturated fat, trans fat, sodium, and added sugars) to the diets of children; ``(ii) evidence concerning the relationship between consumption of certain nutrients, ingredients, and foods to both preventing and promoting the development of overweight, obesity, and other chronic illnesses; ``(iii) recommendations made by authoritative scientific organizations concerning appropriate nutritional standards for foods sold outside of the reimbursable meal programs in schools; and ``(iv) special exemptions for school- sponsored fundraisers (other than fundraising through vending machines, school stores, snack bars, a la carte sales, and any other exclusions determined by the Secretary), if the fundraisers are approved by the school and are infrequent within the school. ``(2) Implementation.-- ``(A) Effective date.-- ``(i) In general.--Except as provided in clause (ii), the proposed regulations shall take effect at the beginning of the school year following the date on which the regulations are finalized. ``(ii) Exception.--If the regulations are finalized on a date that is not more than 60 days before the beginning of the school year, the proposed regulations shall take effect at the beginning of the following school year. ``(B) Failure to promulgate.--If, on the date that is 1 year after the date of enactment of this paragraph, the Secretary has not promulgated final regulations, the proposed regulations shall be considered to be final regulations.''.

Child Nutrition Promotion and School Lunch Protection Act of 2006 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to revise the definition of "food of minimal nutritional value," the sale of which in areas where school meals are sold or eaten is prohibited as a condition for federal funding of school lunch and breakfast programs. Applies such definition (and prohibition) to all food sold outside such programs anywhere on school campuses at any time of the day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary, when revising such definition, to consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health.

To amend the Child Nutrition Act of 1966 to improve the nutrition and health of schoolchildren by updating the definition of "food of minimal nutritional value" to conform to current nutrition science and to protect the Federal investment in the national school lunch and breakfast programs.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Rural Air Service Survival Act''. (b) Findings.--Congress finds that-- (1) air service in rural areas is essential to a national transportation network; (2) the rural air service infrastructure supports the safe operation of all air travel; (3) rural air service creates economic benefits for all air carriers by making the national aviation system available to passengers from rural areas; (4) rural air service has suffered since deregulation; (5) the essential air service program under the Department of Transportation-- (A) provides essential airline access to rural and isolated rural communities throughout the Nation; (B) is necessary for the economic growth and development of rural communities; (C) is a critical component of the national transportation system of the United States; and (D) has endured serious funding cuts in recent years; and (6) a reliable source of funding must be established to maintain air service in rural areas and the essential air service program. SEC. 2. FEES TO FINANCE ESSENTIAL AIR SERVICE PROGRAM. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40121. Fees to finance essential air service program ``(a) Establishment of Fees.-- ``(1) In general.--Not later than 6 months after the effective date of this section, the Federal Aviation Administration shall establish and begin collecting fees for the following services provided by the Federal Aviation Administration: ``(A) Services (other than air traffic control services) provided to a foreign government. ``(B) Air traffic control services for flights over the United States or its territories by air carriers that neither arrive at nor depart from a United States airport (other than such flights by foreign government aircraft engaged in official business). ``(2) Considerations.--In establishing fees under paragraph (1), the Administration shall consider the fair value, or cost, of the service provided by the Administration. ``(3) Deposit of proceeds.--The Administration shall deposit all proceeds from fees collected under paragraph (1) in the account established by subsection (b)(1). ``(b) Account in the Treasury.-- ``(1) Establishment.--There is established in the Treasury of the United States a separate account which shall consist of amounts deposited into the account by the Administration under subsection (a)(3). ``(2) Availability of amounts.-- ``(A) In general.--Funds in the account established by paragraph (1) shall be available to the Administration to pay compensation to air carriers under the essential air service program established by subchapter II of chapter 417 of this title. ``(B) Unobligated funds.--Any unobligated funds remaining in the account at the end of a fiscal year shall be available to the Administration for safety- related projects at airports for which essential air service is provided under subchapter II of chapter 417 of this title. Such projects shall be subject to the requirements of subchapter I of chapter 471 of this title. ``(3) Reporting of transactions.--For each fiscal year, the Administration shall transmit to Congress a report on the receipts, obligations, and expenditures of funds in the account established by paragraph (1).''. (b) Conforming Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``40121. Fees to finance essential air service program.''. SEC. 3. MODIFICATIONS TO ESSENTIAL AIR SERVICE PROGRAM. (a) Administration by FAA.--Subchapter II of chapter 417 of title 49, United States Code, is amended-- (1) by striking ``Secretary of Transportation'' each place it appears (other than section 41733(a)) and inserting ``Federal Aviation Administration''; (2) by striking ``Secretary'' each place it appears (other than section 41733(a)) and inserting ``Administration''; (3) by striking ``Administrator of the Federal Aviation'' each place it appears; and (4) in section 41733(b)(1), as amended by paragraph (2) of this subsection, by inserting ``Federal Aviation'' before ``Administration'' the first place it appears. (b) Matching Funds.--Section 41737 of title 49, United States Code, is amended by adding at the end the following: ``(f) Matching Funds.--No earlier than 2 years after the effective date of this subsection, the Administration may require a public agency that controls a commercial service airport (as defined by section 47102(7) of this title) to provide matching funds for compensation provided under this subchapter for basic essential air service to the airport in an amount not to exceed 10 percent of the amount of the compensation.''. (c) Elimination of Sunset.--Subchapter II of chapter 417 of title 49, United States Code, is amended-- (1) by striking section 41742; and (2) by striking the item relating to section 41742 in the analysis of such subchapter. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Rural Air Service Survival Act - Amends Federal aviation law to direct the Federal Aviation Administration (FAA) to begin collecting fees for the following FAA-provided services: (1) services (other than air traffic control) provided to a foreign government; and (2) air traffic control services for flights over the United States or its territories by air carriers that neither arrive at nor depart from a U.S. airport (other than such flights by foreign government aircraft engaged in official business). Directs the FAA to deposit the proceeds from such fees in a separate account in the Treasury. Makes the FAA, instead of the Secretary of Transportation, the administrator of the essential air service program. Authorizes the FAA to require an eligible public agency that controls a commercial service airport to provide for basic essential air service matching funds of up to ten percent of the amount of Federal compensation received.

Rural Air Service Survival Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Exit and Accountability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On November 29, 2009, in the Final Orders for Afghanistan/Pakistan Strategy, President Barack Obama wrote that sending significant additional United States troops in early 2010 would set the conditions for an ``accelerated transition to Afghan authorities beginning in July 2011''. (2) Operation Enduring Freedom in Afghanistan is America's longest conflict, with October 7, 2011, marking the 10-year anniversary of the start of United States military operations in Afghanistan. (3) Military operations in Afghanistan have cost United States taxpayers $336,000,000,000 in deficit spending from October 2001 through fiscal year 2010, with an additional $100,000,000,000 appropriated in deficit spending for fiscal year 2011. (4) As of March 15, 2011, over 1,500 members of the United States Armed Forces have lost their lives in support of Operation Enduring Freedom in Afghanistan and over 10,000 have been wounded. (5) In November 2010, the Department of Defense reported that suicide rates are soaring among veterans, and the backlog at the Department of Veterans Affairs had reached more than 700,000 disability cases, including cases involving post traumatic stress disorder. (6) The combined costs of the wars in Iraq and Afghanistan are currently estimated to account for 23 percent of the United States deficit for the period 2003 to 2010. (7) Nobel Prize-winning economist and Columbia University Professor Joseph Stiglitz estimates that the costs of the wars in Iraq and Afghanistan, including interest payments on the money borrowed for these wars and care for wounded soldiers and veterans, are likely to total $4,000,000,000,000 to $6,000,000,000,000. (8) On December 1, 2009, at a speech at the United States Military Academy at West Point, President Barack Obama stated that the United States would begin withdrawing United States Armed Forces from Afghanistan in July 2011. SEC. 3. PLAN WITH TIMEFRAME AND COMPLETION DATE AND REPORTS WITH STATUS UPDATES ON TRANSITION OF UNITED STATES MILITARY AND SECURITY OPERATIONS IN AFGHANISTAN TO THE GOVERNMENT OF AFGHANISTAN. (a) Plan With Timeframe and Completion Date Required.--Not later than 60 days after the date of the enactment of this Act, the President shall transmit to Congress a plan with a timeframe and completion date for the accelerated transition of United States military and security operations (including operations involving military and security- related contractors) in Afghanistan to the Government of Afghanistan. (b) Report With Status Updates Required.--Not later than 90 days after the date of transmission of the plan required by subsection (a), and every 90 days thereafter, the President shall transmit to Congress a report setting forth the current status of such plan, including the following information: (1) Progress on completing the redeployment of United States Armed Forces from Afghanistan and the accelerated transition of military and security operations to the Government of Afghanistan. (2) The total number of United States Armed Forces deployed in Afghanistan over the reporting period, including military and security-related contractors, logistical support, and maintenance for bases and facilities utilized by the Armed Forces. (3) The total number of United States Armed Forces permanently withdrawn and redeployed from Afghanistan during the reporting period, including Guard and Reserves, that will not be replenished or replaced by new deployments or by military and security-related contractors. (4) The total financial costs of maintaining United States Armed Forces in Afghanistan over the reporting period, including military and security-related contractors. (5) The number of members of the United States Armed Forces killed or wounded in Afghanistan during each reporting period. (6) The number of United States military personnel (active duty, Guard, Reserves, and veterans) who were or had been deployed to Afghanistan that committed suicide during the reporting period. (7) The cost of providing care and benefits to Operation Enduring Freedom (OEF) veterans and members of the United States Armed Forces deployed in Afghanistan during each reporting period. (8) The estimated amount of increased deficit and increased public debt attributed to continuing military operations in Afghanistan accrued during the reporting period and projected through 2020, including interest payments on money borrowed for OEF and the care and benefits for wounded soldiers and veterans. (9) Information on variables that could advance the timetable and increase the rate of redeployment of United States Armed Forces from Afghanistan. (c) Savings From Accelerated Redeployment.--Each report required under subsection (b) shall include the estimated savings, immediate and over 5-year, 10-year, and 20-year time periods, were United States military and security operations to be concluded and United States Armed Forces redeployed from Afghanistan within 180 days of the date of each report.

Afghanistan Exit and Accountability Act - Requires the President to submit to Congress, within 60 days after the enactment of this Act, a plan with a time frame and completion date for the accelerated transition of U.S. military and security operations in Afghanistan to the government of Afghanistan. Directs the President, within 90 days after the submission of such plan and every 90 days thereafter, to report on the plan's current status. Requires such reports to include the estimated savings, immediately and over 5-, 10-, and 20-year periods, if U.S. military and security operations in Afghanistan were concluded and U.S. Armed Forces were redeployed from Afghanistan within 180 days after the date of each report.

To require the President to transmit to Congress a plan with timeframe and completion date and reports with status updates on the transition of United States military and security operations in Afghanistan to the Government of Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Spending Accountability Act of 2012'' or the ``GSA Act of 2012''. SEC. 2. LIMITS AND TRANSPARENCY FOR CONFERENCE AND TRAVEL SPENDING. (a) Amendment.--Chapter 57 of title 5, United States Code, is amended by inserting after section 5711 the following: ``Sec. 5712. Limits and transparency for conference and travel spending ``(a) Conference Transparency and Spending Limits.-- ``(1) Public availability of conference materials.--Each agency shall post on the public website of that agency detailed information on any presentation made by any employee of that agency at a conference (except to the extent the head of an agency excludes such information for reasons of national security) including-- ``(A) the prepared text of any verbal presentation made; and ``(B) any visual, digital, video, or audio materials presented, including photographs, slides, and audio-visual recordings. ``(2) Limits on amount expended on a conference.-- ``(A) In general.--Except as provided in subparagraph (B), an agency may not expend more than $500,000 to support a single conference. ``(B) Exception.--The head of an agency may waive the limitation in subparagraph (A) for a specific conference after making a determination that the expenditure is justified as the most cost-effective option to achieve a compelling purpose. The head of an agency shall submit to the appropriate congressional committees a report on any waiver granted under this subparagraph, including the justification for such waiver. ``(C) Rule of construction.--Nothing in this paragraph shall be construed to preclude an agency from receiving financial support or other assistance from a private entity to pay or defray the costs of a conference the total cost of which exceeds $500,000. ``(b) International Conference Rule.--An agency may not pay the travel expenses for more than 50 employees of that agency who are stationed in the United States, for any international conference, unless the Secretary of State determines that attendance for such employees is in the national interest. ``(c) Report on Travel Expenses Required.--At the beginning of each quarter of each fiscal year, each agency shall post on the public website of that agency a report on each conference for which the agency paid travel expenses during the preceding 3 months that includes-- ``(1) the itemized expenses paid by the agency, including travel expenses, and any agency expenditures to otherwise support the conference; ``(2) the primary sponsor of the conference; ``(3) the location of the conference; ``(4) the date of the conference; ``(5) a brief explanation of how the participation of employees from such agency at the conference advanced the mission of the agency; ``(6) the title of any employee, or any individual who is not a Federal employee, whose travel expenses or other conference expenses were paid by the agency; ``(7) the total number of individuals whose travel expenses or other conference expenses were paid by the agency; and ``(8) in the case of a conference for which that agency was the primary sponsor, a statement that-- ``(A) describes the cost to the agency of selecting the specific conference venue; ``(B) describes why the location was selected, including a justification for such selection; ``(C) demonstrates the cost efficiency of the location; ``(D) provides a cost benefit analysis of holding a conference rather than conducting a teleconference; and ``(E) describes any financial support or other assistance from a private entity used to pay or defray the costs of the conference, and for each case where such support or assistance was used, the head of the agency shall include a certification that there is no conflict of interest resulting from such support or assistance. ``(d) Format and Publication of Report.--Each report posted on the public website under subsection (c) shall-- ``(1) be in a searchable electronic format; and ``(2) remain on that website for at least 5 years after the date of posting. ``(e) Definitions.--In this section: ``(1) Agency.--The term `agency' has the meaning given that term under section 5701, but does not include the government of the District of Columbia. ``(2) Conference.--The term `conference' means a meeting, retreat, seminar, symposium, or event to which an employee travels 25 miles or more to attend, that-- ``(A) is held for consultation, education, discussion, or training; and ``(B) is not held entirely at a Government facility. ``(3) International conference.--The term `international conference' means a conference occurring outside the United States attended by representatives of-- ``(A) the Government of the United States; and ``(B) any foreign government, international organization, or foreign nongovernmental organization.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5711 the following: ``5712. Limits and transparency for conference and travel spending.''. (c) Annual Travel Expense Limits.-- (1) In general.--In the case of each of fiscal years 2013 through 2017, an agency (as defined under section 5712(e) of title 5, United States Code, as added by subsection (a)) may not make, or obligate to make, expenditures for travel expenses, in an aggregate amount greater than 70 percent of the aggregate amount of such expenses for fiscal year 2010. (2) Identification of travel expenses.-- (A) Responsibilities.--Not later than December 31, 2012, and after consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts, the Director of the Office of Management and Budget shall establish guidelines for the determination of what expenses constitute travel expenses for purposes of this subsection. The guidelines shall identify specific expenses, and classes of expenses, that are to be treated as travel expenses. (B) Exemption for military travel.--The guidelines required under subparagraph (A) shall exclude military travel expenses in determining what expenses constitute travel expenses. Military travel expenses shall include travel expenses involving military combat, the training or deployment of uniformed military personnel, and such other travel expenses as determined by the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts. Passed the House of Representatives September 11, 2012. Attest: KAREN L. HAAS, Clerk.

Government Spending Accountability Act of 2012 or the GSA Act of 2012 - Requires each federal agency to post on its public website detailed information on employee presentations at conferences, including: (1) the prepared text of any verbal presentation; and (2) any visual, digital, video, or audio materials presented, including photographs, slides, and audio-visual recordings. Limits to $500,000 the amount that any agency may spend to support a single conference. Allows an agency head to waive such limitation for a specific conference after making a determination that a higher expenditure is justified as the most cost-effective option to achieve a compelling purpose. Prohibits an agency from paying the travel expenses for more than 50 employees stationed in the United States to attend any international conference, unless the Secretary of State determines that attendance of such employees is in the national interest. Requires each agency to post on its public website quarterly reports on each conference for which the agency paid travel expenses during the preceding three months. Limits agency travel expenses for FY2013-FY2017 to 70% of the aggregate amount of such expenses for FY2010. Requires the Director of the Office of Management and Budget (OMB) to establish guidelines for determining what expenses constitute travel expenses for purposes of the ceiling imposed on such expenses. Exempts from such limitation military travel expenses.

To amend title 5, United States Code, to institute spending limits and transparency requirements for Federal conference and travel expenditures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Traumatic Brain Injury Care Improvement Act of 2014''. SEC. 2. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. (a) Modification of Report Requirements.--Subsection (e) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38 U.S.C. 1710C note) is amended to read as follows: ``(e) Reports.-- ``(1) Quarterly reports.-- ``(A) In general.--For each calendar quarter occurring during the period beginning January 1, 2015, and ending September 30, 2017, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. ``(B) Elements.--Each report submitted under subparagraph (A) shall include each of the following for the quarter preceding the quarter during which the report is submitted: ``(i) The number of individuals that participated in the pilot program. ``(ii) The number of individuals that successfully completed the pilot program. ``(iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. ``(iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. ``(2) Final report.-- ``(A) In general.--Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a final report on the pilot program. ``(B) Elements.--The final report required by subparagraph (A) shall include the following: ``(i) A description of the pilot program. ``(ii) The Secretary's assessment of the utility of the activities carried out under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury. ``(iii) An evaluation of the pilot program in light of independent living programs carried out by the Secretary under title 38, United States Code, including-- ``(I) whether the pilot program duplicates services provided under such independent living programs; ``(II) the ways in which the pilot program provides different services than the services provided under such independent living program; ``(III) how the pilot program could be better defined or shaped; and ``(IV) whether the pilot program should be incorporated into such independent living programs. ``(iv) Such recommendations as the Secretary considers appropriate regarding improving the pilot program.''. (b) Definition of Community-Based Brain Injury Residential Rehabilitative Care Services.--Such section is further amended-- (1) in the section heading, by striking ``assisted living'' and inserting ``community-based brain injury residential rehabilitative care''; (2) in subsection (c), in the subsection heading, by striking ``Assisted Living'' and inserting ``Community-Based Brain Injury Residential Rehabilitative Care''; (3) by striking ``assisted living'' each place it appears, and inserting ``community-based brain injury rehabilitative care''; and (4) in subsection (f)(1), by striking ``and personal care'' and inserting ``rehabilitation, and personal care''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (d) Prohibition on New Appropriations.--No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose.

Veterans Traumatic Brain Injury Care Improvement Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2008 to alter the reporting requirements under the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Directs the Secretary of Veterans Affairs (VA) to submit reports to the congressional veterans committees on the pilot program for each quarter occurring between January 1, 2015, and September 30, 2017. Requires each quarterly report to include for the preceding quarter: the number of individuals who participated in the pilot program, the number of individuals who successfully completed the program, the degree to which pilot program participants and their family members were satisfied with the program, and the interim findings and conclusions of the Secretary regarding the success of the program and recommendations for improving it. Requires the Secretary to include in the report the Secretary submits to the congressional veterans committees after the completion of the pilot program: an evaluation of the pilot program in light of the VA's independent living programs, including an assessment of whether  the pilot program should be incorporated into such independent living programs; and recommendations for improving the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires this Act and its amendments to be carried out using funds already available for such purposes.

Veterans Traumatic Brain Injury Care Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``School and Day-Care Lead-Based Paint Reduction Act of 2001''. SEC. 2. PROGRAM OF GRANTS REGARDING LEAD-BASED PAINT HAZARDS AT PUBLIC ELEMENTARY SCHOOLS AND LICENSED CHILD DAY-CARE FACILITIES. (a) In General.-- (1) Authority for making grants.--The Secretary of Housing and Urban Development may make grants to States, units of local government, and local educational agencies for the purpose of evaluating and reducing lead-based paint hazards at-- (A) public elementary schools; and (B) child day-care facilities that are licensed by the State in which the facilities are located. (2) Consultations.--In carrying out this section, the Secretary shall consult with the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Secretary of Health and Human Services. (b) Selection Criteria.--The Secretary shall make grants under subsection (a) on the basis of the activities proposed to be carried out with the grants and on the basis of the following criteria for approving applications for the grants: (1) The extent to which the proposed activities will reduce the risk of lead poisoning to children at the eligible facilities involved, with priority given to facilities that serve significant numbers of children who are under the age of 6. (2) The comparative degree of severity and extent of lead- based paint hazards at the eligible facilities. (3) The extent to which the facilities and the applicant for the grant have the fiscal capacity to carry out the purpose described in subsection (a) without a grant under such subsection. (4) The ability of the applicant to provide for the non- Federal contributions required in subsection (d). (5) The ability of the applicant to carry out the proposed activities. (6) Such other factors as the Secretary determines appropriate to ensure that the grants are used effectively and to promote the purpose described in subsection (a). (c) Authorized Expenditures.--The Secretary may authorize the expenditure of a grant under subsection (a) for the following purposes: (1) To perform risk assessments and lead inspections at the eligible facilities involved. (2) To provide for the interim control of lead-based paint hazards at such facilities. (3) To provide for the abatement of such hazards at the facilities. (4) If the facilities are undergoing renovations carried out with funds other than the grant, to provide for the additional cost of reducing such hazards at the facilities. (5) To ensure that risk assessments, inspections, and abatements are carried out by certified contractors in accordance with section 402 of the Toxic Substances Control Act. This paragraph may not be construed as prohibiting personnel who carry out maintenance or cleaning duties at eligible facilities from performing their normal duties at the facilities. (6) To monitor the blood-lead levels of workers involved in lead hazard reduction activities carried out pursuant to this section. (7) To assist in the temporary relocation of the activities of the facilities while lead hazard reduction measures are being conducted at the facilities. (8) To educate the following individuals on the nature and causes of lead poisoning and on measures to reduce lead-based paint hazards at the facilities: (A) School officials, teachers, and students at the facilities, and parents of the students, in the case of facilities that are eligible schools. (B) Supervisors, staff, and children at the facilities, and parents of the children, in the case of facilities that are eligible child day-care facilities. (C) Personnel who carry out maintenance duties at the eligible facilities. (D) Personnel who carry out cleaning duties at the facilities. (9) After lead-based paint hazard reduction activities have been conducted at the facilities, to test soil, interior surface dust, and the blood-lead levels of children at the facilities to assure that such activities do not cause excessive exposure to lead. (10) To carry out the activities described in this subsection at facilities that are not currently being used as eligible facilities but are undergoing renovation in order to be used as such facilities. (11) To carry out such other activities as the Secretary determines appropriate to promote the purpose described in subsection (a). (d) Requirement of Matching Funds.-- (1) In general.--A condition for the receipt of a grant under subsection (a) is that, subject to paragraph (2), the applicant for the grant agree to make available (directly or through donations from public or private entities) non-Federal contributions toward the purpose described in such subsection in an amount that is not less than 50 percent of the amount of the grant. (2) Provisions regarding service to low-income children.-- With respect to eligible facilities that serve significant numbers of children from low-income families, the following apply: (A) In the case of the activities described in paragraphs (1) and (2) of subsection (c) (relating to risk assessments, inspections, and interim control), the Secretary may waive the requirement of paragraph (1) or reduce the percentage that otherwise would be applicable under such paragraph. (B) In the case of other activities described in subsection (c), the Secretary may reduce the percentage that otherwise would be applicable under such paragraph, except that the percentage may not be less than 10 percent. (3) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (e) Report.--A condition for the receipt of grant under subsection (a) is that the applicant for the grant agree that the applicant will for each fiscal year in which the grant is expended submit to the Secretary a report that provides the following: (1) A description of the purposes for which the grant was expended. (2) A statement of the number of risk assessments and inspections conducted at eligible schools and at eligible child day-care facilities. (3) A statement of the number of eligible schools and eligible child day-care facilities at which lead-based paint hazards have been reduced through interim controls. (4) A statement of the number of eligible schools and eligible child day-care facilities at which lead-based paint hazards have been abated. (5) Such other information as the Secretary determines to be appropriate. (f) Other Conditions.--A condition for the receipt of grant under subsection (a) is that the applicant for the grant agree to the following: (1) The grant will not be expended to replace other amounts made available or designated by the State, unit of local government, or local educational agency involved for the purpose described in subsection (a). In determining compliance with the preceding sentence, the Secretary shall count non- Federal contributions provided by the applicant under subsection (d). (2) Not more than 10 percent of the grant will be used for the administrative expenses of carrying out the purpose described in subsection (a). (3) The applicant will maintain and provide the Secretary with financial records that are sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of the grant. (g) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (h) Coordination With Academic Year.--To the maximum extent feasible, the Secretary shall in making grants under subsection (a) with respect to eligible schools ensure that application deadlines and grant notification timelines are compatible with the needs of State and local officials in providing for a normal academic year at the eligible schools involved. (i) Definitions.--For purposes of this section: (1)(A) The terms specified in subparagraph (B) have the meanings given such terms in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. (B) The terms referred to in subparagraph (A) are ``abatement''; ``certified contractor''; ``inspection''; ``interim controls''; ``lead-based paint''; ``lead-based paint hazard''; ``reduction''; and ``risk assessment''. (2) The term ``elementary school'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965. (3) The term ``eligible child day-care facilities'' means child day-care facilities described in subsection (a). (4) The term ``eligible facilities'' means eligible schools and eligible child day-care facilities. (5) The term ``eligible schools'' means schools described in subsection (a). (6) The term ``local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965. (7) The term ``low income family'' means families that have incomes at or below an amount equal to 200 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary of Health and Human Services in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (8) The term ``Secretary'' means the Secretary of Housing and Urban Development, unless the context indicates otherwise. (j) 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 fiscal year.

School and Day-Care Lead-Based Paint Reduction Act of 2001 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States, local governments, and local educational agencies to evaluate and reduce lead-based paint hazards at public elementary schools and licensed child day-care facilities.

To authorize the Secretary of Housing and Urban Development to make grants to evaluate and reduce lead-based paint hazards at public elementary schools and licensed child day-care facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyer Savings Account Act of 2016''. SEC. 2. FIRST-TIME HOMEBUYER ACCOUNT. (a) In General.--Part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 530A. FIRST-TIME HOMEBUYER ACCOUNT. ``(a) In General.--A first-time homebuyer account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the first-time homebuyer account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) First-Time Homebuyer Account.--The term `first-time homebuyer account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified principal residence purchase expenditures of an individual who is the designated beneficiary of the trust (and designated as a first-time homebuyer account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted-- ``(A) unless it is in cash, ``(B) except in the case of a rollover contribution, if such contribution would result in aggregate contributions-- ``(i) for the taxable year exceeding $14,000 (200 percent of such amount in effect for the taxable year in the case of individuals who are married, own a first-time homebuyer account jointly, and file a joint return for the taxable year), ``(ii) for all taxable years exceeding $50,000, and ``(C) if the fair market value of the account to exceeds, or to the extent such contribution would result in the fair market value of the account exceeding, $150,000. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any individual retirement plan. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(c) Qualified Principal Residence Purchase Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified principal residence purchase expenditures' means, with respect to a designated beneficiary who is a first-time homebuyer-- ``(A) any amount paid toward the purchase price of a principal residence of the beneficiary, ``(B) any amount required to be paid to settle the purchase of such residence, and ``(C) any amount required to be paid by the beneficiary to obtain acquisition indebtedness with respect to such residence. ``(2) Purchase price.--The term `purchase price' means the adjusted basis of the residence on the date such residence is purchased. ``(d) Tax Treatment.-- ``(1) Distributions.-- ``(A) In general.--If distributions from a first- time homebuyer account for the taxable year do not exceed the qualified principal residence purchase expenditures of the designated beneficiary for the taxable year, no amount shall be includible in gross income. ``(B) Distributions in excess of expenditures.--If such distributions exceed such expenditures for the taxable year, such distributions shall be includible in the gross income of the distributee in the manner as provided in section 72 (to the extent not excluded from gross income under any other provision of this chapter), reduced by an amount which bears the same ratio to the amount otherwise so includible as such expenses bear to such distributions. ``(C) Additional tax for distributions not used for first-time homebuyer purposes.-- ``(i) In general.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a first-time homebuyer account which is includible in gross income shall be increased by the applicable percentage of the amount which is so includible. ``(ii) Applicable percentage.--For purposes of clause (i), the applicable percentage is-- ``(I) in the case of a payment or distribution made not later than 10 years after the date of the first contribution to the account, 5 percent, and ``(II) in the case of any other payment or distribution, 10 percent. ``(iii) Exceptions.--Clause (i) shall not apply if the payment or distributions-- ``(I) is made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary, ``(II) is attributable to the designated beneficiary's being disabled (within the meaning of section 72(m)(7)), or ``(III) are made under rules similar to the rules under section 408(d)(4) (relating to contributions returned before due date of return). ``(D) Rollovers.--Subparagraph (A) shall not apply to any amount paid or distributed from a first-time homebuyer account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into another first-time homebuyer account for the benefit of the same beneficiary. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(E) Change in beneficiary.--Any change in the beneficiary of a first-time homebuyer account shall not be treated as a distribution for purposes of subparagraph (A). ``(F) Disallowance of excluded amounts as deduction, credit, or exclusion.--No deduction, credit, or exclusion shall be allowed to the taxpayer under any other section for any qualified principal residence purchase expenditures to the extent taken into account in determining the amount of the exclusion under this paragraph. ``(2) Estate and gift tax with respect to the account.-- Rules similar to the rules of paragraphs (2), (4), and (5) of section 529(c) shall apply for purposes of this section. ``(3) Tax treatment after death of account holder.-- ``(A) Jointly held accounts.--In the case of a first-time homebuyer account which was jointly held by spouses, if the surviving spouse acquires the deceased spouse's interest in a first-time homebuyer account by reason of being the designated beneficiary of such account at the death, such account shall be treated as if the spouse were the sole account holder. ``(B) Other cases.-- ``(i) In general.--If, by reason of the death of the account holder, any person acquires the account holder's interest in an first-time homebuyer account in a case to which subparagraph (A) does not apply-- ``(I) such account shall cease to be a first-time homebuyer account as of the date of death, and ``(II) an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such holder, in such person's gross income for the taxable year which includes such date, or if such person is the estate of such holder, in such holder's gross income for the last taxable year of such holder. ``(ii) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent's spouse) with respect to amounts included in gross income under clause (i). ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual if such individual (and if married, such individual's spouse) has had no present ownership interest in a principal residence. ``(B) Special rule for divorced individuals.--Any individual who is divorced and is not described in subparagraph (A) shall be treated as a first-time homebuyer for purposes of this section if such individual had no present ownership interest in a principal residence since such individual's most recent divorce and during the 3-year period ending on the date of the purchase of the principal residence with respect to which payments from a first-time homebuyer account are made under this section. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Designated beneficiary.--The term `designated beneficiary' means-- ``(A) the individual designated at the commencement of the first-time homebuyer account as the beneficiary of amounts paid (or to be paid) to the account, or ``(B) in the case of a change in beneficiaries described in subsection (d)(1)(C), the individual who is the new beneficiary ``(4) Account ownership.--Except in the case of individuals who are married, an account may be owned by only one individual and may only have one designated beneficiary. ``(5) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 2017, the dollar amounts under subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lower multiple of $100.''. (b) Excess Contributions.-- (1) In general.--Section 4973(a) of such Code is amended by striking ``or'' at the end of paragraph (5), by inserting ``or'' at the end of paragraph (6), and by inserting after paragraph (6) the following new paragraph: ``(7) a first-time homebuyer account (within the meaning of section 530A),''. (2) Excess contributions.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(i) Excess Contributions to First-Time Homebuyer Account.--In the case of a first-time homebuyer account, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such account (other than contributions described in section 530A(d)(1)(C) (iv) and (v)) exceeds the contribution limits under section 530A(b). For purposes of the preceding sentence, any contribution which is distributed from the account in a distribution to which section 530A(d)(1)(C)(iii)(III) applies shall be treated as an amount not contributed.''. (c) Clerical Amendment.--The table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 530A. First-time homebuyer account.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

First-Time Homebuyer Savings Account Act of 2016 This bill amends the Internal Revenue Code to provide for tax-preferred savings accounts for first-time homebuyers. An individual may make up to $14,000 per year in after-tax contributions to the account, subject to a $50,000 lifetime contribution limit, a $150,000 limit on the fair market value of the account, and adjustments for inflation after 2017. Distributions from the account that are used to pay the qualified principal residence purchase expenditures of the designated beneficiary are excluded from gross income. A "qualified principal residence purchase expenditure" is, with respect to a designated beneficiary who is a first-time homebuyer, any amount: (1) paid toward the purchase price of a principal residence of the beneficiary, (2) required to be paid to settle the purchase of such residence, or (3) required to be paid by the beneficiary to obtain acquisition indebtedness with respect to the residence. Excess contributions to the account, distributions that exceed the qualified principal residence purchase expenditures of the beneficiary, and distributions that are not used for first-time homebuyer purposes are subject to specified taxes.

First-Time Homebuyer Savings Account Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure America's Vote Act of 2005''. SEC. 2. IMPROVING FAIRNESS AND ACCURACY OF VOTER REGISTRATION. (a) Emphasizing Citizenship Requirement on Voter Registration Forms.--Paragraph (4) of section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is amended to read as follows: ``(4) Emphasizing citizenship requirement on voter registration forms.--The Commission shall revise the mail voter registration form developed under section 9(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg- (a)(2)) so that the form provides a more prominent emphasis of the requirement that an individual must be a citizen of the United States to register to vote in elections for Federal office.''. (b) Prohibiting Rejection of Application for Errors Correctable by State.--Section 303(a)(5)(A)(iii) of such Act (42 U.S.C. 15483(a)(5)(A)(iii)) is amended to read as follows: ``(iii) Prohibiting rejection of application for errors correctable by state.--A State shall not reject an application for voter registration for Federal office solely on the grounds that the individual failed to provide the information required under clause (i) or made an error in providing such information, if with reasonable effort the State would be able to provide the correct information.''. (c) Preventing Incorrect Removal of Eligible Voters From Voter Registration List.-- (1) Requiring databases to meet accuracy standards.-- (A) In general.--Section 303(a) of such Act (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph: ``(6) Requiring databases used to remove voters to meet accuracy standards.-- ``(A) In general.--Notwithstanding any other provision of this subsection or any provision of the National Voter Registration Act of 1993, a State may not remove an individual from the official list of eligible voters for elections for Federal office in the State by reason of felony status or by reason of the death of the registrant unless the applicable database meets accuracy standards established by the Director of the National Institute of Standards and Technology in consultation with the Commission. ``(B) Applicable database defined.--In this paragraph, the term `applicable database' means-- ``(i) in the case of an individual removable from the official list of eligible voters by reason of felony status, the database used by the State to determine the individual's felony status; or ``(ii) in the case of an individual removable from the official list of eligible voters by reason of death, the database used by the State to determine which individuals have died.''. (B) Conforming amendment.--Section 303(a)(2)(A) of such Act (42 U.S.C. 15483(a)(2)(A)) is amended by striking ``The appropriate'' and inserting ``Except as provided in paragraph (6), the appropriate''. (C) Deadline for establishment of standards.--The Director of the National Institute of Standards and Technology shall establish the accuracy standards described in section 303(a)(6) of the Help America Vote Act of 2002 (as added by subparagraph (A)) not later than January 1, 2006. (2) Publication of list of individuals removed from computerized list.--Section 303(a) of such Act (42 U.S.C. 15483(a)), as amended by paragraph (1), is further amended by adding at the end the following new paragraph: ``(7) Public notice of individuals removed from computerized list.--Not later than 45 days before the date of any Federal election held in the State, each State shall notify the public, by posting on the Internet on the public web site of the chief State election official and through such other methods as the State considers appropriate, of-- ``(A) all names which have been removed from the computerized list established and maintained under this section since the later of the most recent election for Federal office held in the State or the day of the most recent previous public notice provided under this section; ``(B) the criteria, processes, and procedures used to determine which names were removed; and ``(C) information on the steps an individual may take to appeal the removal of the individual's name from the list and reinstate the individual to the list prior to the election.''. (3) Conforming amendment relating to applicability of definition of chief state election official.--Section 253(e) of such Act (42 U.S.C. 15403(e)) is amended by striking ``this subtitle'' and inserting ``this Act''. (4) Effective date.--Section 303(d)(1) of such Act (42 U.S.C. 15483(d)(1)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exception for certain requirements.--Each State shall be required to comply with the requirements of paragraph (6) of subsection (a) (relating to accuracy standards for databases used for voter removal) and paragraph (7) of subsection (a) (relating to public notice of individuals removed from the computerized list) not later than January 1, 2006.''. SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT INCORRECT POLLING PLACES. Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended to read as follows: ``(4)(A) An individual's provisional ballot shall be counted as a vote in an election for Federal office if the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under State law to vote in that election-- ``(i) at the polling place at which the individual cast the provisional ballot; or ``(ii) at any other polling place at which votes are cast, in the same election for the same Federal office, which is located-- ``(I) in the case of elections held prior to 2008, in the registrar's jurisdiction (or, at the option of the State, in the State), or ``(II) in the case of elections held during 2008 or any subsequent year, in the State. ``(B) The appropriate State or local election official shall ensure that, at each polling place for an election for Federal office, a list is available which shows-- ``(i) all individuals registered to vote in that election at all polling places located in the registrar's jurisdiction; and ``(ii) for each such individual, the polling place at which the individual is registered. ``(C) In this paragraph, the term `registrar's jurisdiction' has the meaning given such term in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).''. SEC. 4. ADDITIONAL SECURITY REQUIREMENTS FOR VOTING SYSTEMS. Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraphs: ``(7) Security standards for voting systems used in federal elections.-- ``(A) In general.--No voting system may be used in an election for Federal office in a State unless the manufacturer of the system, the manufacturer of the software used in connection with the system for the election (hereafter in this paragraph referred to as the `election software'), and the chief State election official of the State meet the applicable requirements described in subparagraph (B). ``(B) Requirements described.--The requirements described in this subparagraph with respect to a voting system used in a State are as follows: ``(i) The chief State election official shall ensure that all custodians of the election software digitally sign the software (in accordance with standards established by the National Institute of Standards and Technology), shall provide the Commission with information on the steps taken to ensure that these custodians meet this requirement, and shall make the information provided to the Commission available to the public by posting the information on the Internet on the public web site of the chief State election official. ``(ii) The manufacturer of the system and the manufacturer of the election software shall each provide the Commission and the chief State election official with updated information regarding the identification of each individual who participated in the writing of the software, including specific information regarding whether the individual has ever been convicted of a felony or of any crime involving election fraud. ``(iii) The manufacturer of the system and the manufacturer of the election software (as the case may be) shall provide the source code, object code, and executable representation of the software to the Commission and the chief State election official, and shall notify the chief State election official immediately if the manufacturer alters such codes. ``(iv) The manufacturer of the system and the manufacturer of the election software shall meet standards established by the Commission to prevent the existence or appearance of any conflict of interest with respect to candidates for public office and political parties, including standards to ensure that each such manufacturer and its officers and directors do not hold positions of authority in any political party or in any partisan political campaign. ``(C) Public availability of certain information.-- Upon request by any member of the public, the Commission or each chief State election official shall make available on a timely basis any information provided to or maintained by the Commission or the official under subparagraph (B)(iii). ``(8) Prohibition of use of wireless communications devices in voting systems.--No voting system shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. ``(9) Prohibiting connection of system or transmission of system information over the internet.--No component of any voting system upon which votes are cast shall be connected to the Internet.''. SEC. 5. PUBLICATION OF STATE ELECTION LAWS. (a) Requiring States to Make Election Laws Available to Public.-- Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Publication of state election laws.-- ``(A) Regular republication during election years.--The chief State election official of each State shall publish all State laws, regulations, procedures, and practices relating to Federal elections on January 1 of each year in which there is a regularly scheduled election for a Federal office (beginning with 2006). ``(B) Maintenance on the internet.--Each State shall be required to post on the Internet on the public web site of the chief State election official all of the material referred to in paragraph (1), and to update the contents of such site to reflect revisions to such material not later than 24 hours after a revision is made.''. (b) Conforming Amendments.--Section 302 of such Act (42 U.S.C. 15482) is amended-- (1) in subsection (b)(3) (as redesignated by subsection (a)(1)), by striking ``this section'' and inserting ``paragraph (1)''; and (2) in subsection (d), by striking ``Each State'' and inserting ``Except as provided in subsection (b)(2), each State''. SEC. 6. CRIMINAL PENALTIES FOR VOTER SUPPRESSION. Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544) is amended by adding at the end the following new subsection: ``(c) Voter Suppression.-- ``(1) In general.--It is unlawful for any person-- ``(A) to assert to any State election official that an individual is not eligible to vote in an election for Federal office, unless the assertion is made in good faith on the basis of facts known to the person making the assertion; or ``(B) to knowingly provide any person with false information regarding an individual's eligibility to vote in an election for Federal office or regarding the time, place, or manner of voting in such an election. ``(2) Penalty.--A person who violates paragraph (1) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both, for each such violation.''. SEC. 7. ESTABLISHMENT OF BEST PRACTICES FOR TREATMENT OF BALLOTS OF ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS. (a) In General.--Not later than January 1, 2006, the Election Assistance Commission, working in cooperation with the Secretary of Defense, the Secretary of State, and the Attorney General, shall establish best practice guidelines for the treatment of absentee ballots of absent uniformed services voters and overseas voters to ensure the timely delivery of ballots to such voters and the timely return of ballots from such voters. (b) Definitions.--In this section, the terms ``absent uniformed services voter'' and ``overseas voter'' have the meaning given such terms in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6). SEC. 8. SIMULTANEOUS TRANSMISSION OF BUDGET REQUESTS OF ELECTION ASSISTANCE COMMISSION TO PRESIDENT AND CONGRESS. (a) In General.--Part 1 of subtitle A of title II of the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by inserting after section 209 the following new section: ``SEC. 209A. SUBMISSION OF BUDGET REQUESTS. ``Whenever the Commission submits any budget estimate or request to the President or the Director of the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress.''. (b) Clerical Amendment.--The table of contents for part 1 of subtitle A of title II of such Act is amended by inserting after the item relating to section 209 the following new item: ``Sec. 209A. Submission of budget requests.''. SEC. 9. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections for Federal office held in 2006 and each year thereafter.

Secure America's Vote Act of 2005 - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission to revise the mail voter registration form to emphasize more prominently the requirement that an individual be a U.S. citizen to register to vote in federal elections. Prohibits a state from: (1) rejecting an application for voter registration for federal office soley for the individual's failure to provide required information or error in providing such information, if with reasonable effort the state would be able to correct it; or (2) removing an individual from the official list of eligible voters for federal elections by reason of felony status or death unless the applicable database meets accuracy standards established by the Director of the National Institute of Standards and Technology. Requires a state to notify the public, within 45 days before any federal election, by posting on the chief state election official's public website, and through other appropriate methods, of: (1) all names removed from the computerized list since the later of the most recent election for federal office held in the state or the day of the most recent previous public notice; (2) the criteria, processes, and procedures used to determine which names were removed; and (3) information on the steps an individual may take to appeal such removal and reinstate himself or herself before the election. Establishes a uniform standard for the treatment of provisional ballots cast at an incorrect polling place. Provides for additional security requirements for voting systems used in federal elections. Requires states to make election laws available to the public. Establishes criminal penalties for voter suppression. Directs the Election Assistance Commission to establish best practice guidelines for the treatment of absentee ballots of uniformed services voters and overseas voters to ensure their timely delivery and return.

To amend the Help America Vote Act of 2002 to improve the fairness and accuracy of voter registration in elections for Federal office, establish a uniform standard for the treatment of provisional ballots cast at an incorrect polling place, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005''. SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN. (a) Special Sentencing Rule.--Subsection (d) of section 3559 of title 18, United States Code, is amended to read as follows: ``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes Against Children.--A person who is convicted of a Federal crime of violence against the person of an individual who has not attained the age of 15 years shall, unless a greater mandatory minimum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense-- ``(1) if the crime of violence results in the death of a person who has not attained the age of 15 years, be sentenced to death or life in prison; ``(2) if the crime of violence is a kidnaping, sexual assault, or maiming, (or an attempt or conspiracy to commit one of those) or results in serious bodily injury (as defined in section 1365) be imprisoned for life or for any term of years not less than 30; ``(3) if the crime of violence results in bodily injury (as defined in section 1365) to a person who has not attained the age of 12 years, be imprisoned for life or for any term of years not less than 15; ``(4) if a dangerous weapon was used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 10; and ``(5) in any other case, be imprisoned for life or for any term of years not less than 2.''. SEC. 3. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN. (a) Sexual Abuse.-- (1) Aggravated sexual abuse of children.--Section 2241(c) of title 18, United States Code, is amended by striking ``, imprisoned for any term of years or life, or both.'' and inserting ``and imprisoned for not less than 30 years or for life.''. (2) Abusive sexual contact with children.--Section 2244 of chapter 109A of title 18, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``(a) or (b)'' after ``section 2241''; (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (iii) by inserting after paragraph (1) the following: ``(2) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for not less than 10 years and not more than 25 years;''; and (B) in subsection (c), by inserting ``(other than subsection (a)(2))'' after ``violates this section''. (3) Sexual abuse of children resulting in death.--Section 2245 of title 18, United States Code, is amended-- (A) by striking ``A person'' and inserting ``(a) In General.--A person''; and (B) by adding at the end the following: ``(b) Offenses Involving Young Children.--A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person who has not attained the age of 12 years, shall be punished by death or imprisoned for not less than 30 years or for life.''. (b) Sexual Exploitation and Other Abuse of Children.-- (1) Sexual exploitation of children.--Section 2251(e) of title 18, United States Code, is amended-- (A) by striking ``15 years nor more than 30 years'' and inserting ``25 years or for life''; (B) by striking ``not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life.'' and inserting ``life.''; and (C) by striking ``any term of years or for life'' and inserting ``not less than 30 years or for life.''. (2) Activities relating to material involving the sexual exploitation of children.--Section 2252(b) of title 18, United States Code, is amended-- (A) in paragraph (1)-- (i) by striking ``5 years and not more than 20 years'' and inserting ``25 years or for life''; and (ii) by striking ``not less than 15 years nor more than 40 years.'' and inserting ``life.''; and (B) in paragraph (2)-- (i) by striking ``or imprisoned for not more than'' and inserting ``and imprisoned for''; (ii) by striking ``, or both''; and (iii) by striking ``10 years nor more than 20 years.'' and inserting ``30 years or for life.''. (3) Activities relating to material constituting or containing child pornography.--Section 2252A(b) of title 18, United States Code, is amended-- (A) in paragraph (1)-- (i) by striking ``5 years and not more than 20 years'' and inserting ``25 years or for life''; and (ii) by striking ``not less than 15 years nor more than 40 years'' and inserting ``life''; and (B) in paragraph (2)-- (i) by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned for 10 years''; and (ii) by striking ``10 years nor more than 20 years'' and inserting ``30 years or for life''. (4) Using misleading domain names to direct children to harmful material on the internet.--Section 2252B(b) of title 18, United States Code, is amended by striking ``or imprisoned not more than 4 years, or both'' and inserting ``imprisoned for 10 years''. (5) Production of sexually explicit depictions of children.--Section 2260(c) of title 18, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) shall be fined under this title and imprisoned for 25 years; and ``(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title and imprisoned for life.''. (c) Conduct Relating to Child Prostitution.--Section 2423 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``5 years and not more than 30 years'' and inserting ``30 years or for life''; (2) in subsection (b), by striking ``or imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for not less than 10 years and not more than 30 years''; (3) in subsection (c), by striking ``or imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for not less than 10 years and not more than 30 years''; and (4) in subsection (d), by striking ``, imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for 30 years''. SEC. 4. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF CONVICTIONS FOR KILLING A CHILD. (a) Short Title.--This section may be cited as the ``Christy Ann Fornoff Act''. (b) Limits on Cases.--Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j)(1) A court, justice, or judge shall not have jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (2), unless the applicant shows that the claim qualifies for consideration on the grounds described in subsection (e)(2). Any such application that is presented to a court, justice, or judge other than a district court shall be transferred to the appropriate district court for consideration or dismissal in conformity with this subsection, except that a court of appeals panel must authorize any second or successive application in conformity with section 2244 before any consideration by the district court. ``(2) This subsection applies to an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a individual who has not attained the age of 18 years. ``(3) For an application described in paragraph (2), the following requirements shall apply in the district court: ``(A) Any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer or, if no timely answer is filed, the date on which such answer is due. ``(B) Any motion for an evidentiary hearing shall be granted or denied not later than 30 days after the date on which the party opposing such motion files a pleading in opposition to such motion or, if no timely pleading in opposition is filed, the date on which such pleading in opposition is due. ``(C) Any evidentiary hearing shall be-- ``(i) convened not less than 60 days after the order granting such hearing; and ``(ii) completed not more than 150 days after the order granting such hearing. ``(D) A district court shall enter a final order, granting or denying the application for a writ of habeas corpus, not later than 15 months after the date on which the State files its answer or, if no timely answer is filed, the date on which such answer is due, or not later than 60 days after the case is submitted for decision, whichever is earlier. ``(E) If the district court fails to comply with the requirements of this paragraph, the State may petition the court of appeals for a writ of mandamus to enforce the requirements. The court of appeals shall grant or deny the petition for a writ of mandamus not later than 30 days after such petition is filed with the court. ``(4) For an application described in paragraph (2), the following requirements shall apply in the court of appeals: ``(A) A timely filed notice of appeal from an order issuing a writ of habeas corpus shall operate as a stay of that order pending final disposition of the appeal. ``(B) The court of appeals shall decide the appeal from an order granting or denying a writ of habeas corpus-- ``(i) not later than 120 days after the date on which the brief of the appellee is filed or, if no timely brief is filed, the date on which such brief is due; or ``(ii) if a cross-appeal is filed, not later than 120 days after the date on which the appellant files a brief in response to the issues presented by the cross- appeal or, if no timely brief is filed, the date on which such brief is due. ``(C)(i) Following a decision by a panel of the court of appeals under subparagraph (B), a petition for panel rehearing is not allowed, but rehearing by the court of appeals en banc may be requested. The court of appeals shall decide whether to grant a petition for rehearing en banc not later than 30 days after the date on which the petition is filed, unless a response is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the response is filed or, if no timely response is filed, the date on which the response is due. ``(ii) If rehearing en banc is granted, the court of appeals shall make a final determination of the appeal not later than 120 days after the date on which the order granting rehearing en banc is entered. ``(D) If the court of appeals fails to comply with the requirements of this paragraph, the State may petition the Supreme Court or a justice thereof for a writ of mandamus to enforce the requirements. ``(5)(A) The time limitations under paragraphs (3) and (4) shall apply to an initial application described in paragraph (2), any second or successive application described in paragraph (2), and any redetermination of an application described in paragraph (2) or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings. ``(B) In proceedings following remand in the district court, time limits running from the time the State files its answer under paragraph (3) shall run from the date the remand is ordered if further briefing is not required in the district court. If there is further briefing following remand in the district court, such time limits shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, the date on which such brief is due. ``(C) In proceedings following remand in the court of appeals, the time limit specified in paragraph (4)(B) shall run from the date the remand is ordered if further briefing is not required in the court of appeals. If there is further briefing in the court of appeals, the time limit specified in paragraph (4)(B) shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, from the date on which such brief is due. ``(6) The failure of a court to meet or comply with a time limitation under this subsection shall not be a ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.''. (c) Rights Associated With Habeas Corpus Proceedings.--Section 3771(b) of title 18, United States Code, is amended by adding at the end the following: ``The rights established for crime victims by this section shall also be extended in a Federal habeas corpus proceeding arising out of a State conviction to victims of the State offense at issue.'' (d) Application to Pending Cases.-- (1) In general.--The amendments made by this section shall apply to cases pending on or after the date of enactment of this Act. (2) Time limits.--In a case pending on the date of enactment of this Act, if the amendments made by this section provide that a time limit runs from an event or time that has occurred prior to such date of enactment, the time limit shall run instead from such date of enactment.

Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005 - Rewrites provisions of the federal criminal code regarding penalties for crimes against children to require a person convicted of a federal crime of violence against an individual under age 15 to be sentenced to: (1) death or life imprisonment if the crime results in the death of the victim; (2) life or at least 30 years imprisonment if the crime is a kidnaping, sexual assault, or maiming or results in serious bodily injury; (3) life or at least 14 years imprisonment if the crime results in bodily injury to a person under age 12; (4) life or at least ten years imprisonment if a dangerous weapon was used during and in relation to the crime; and (5) life or at least two years imprisonment in any other case. Increases penalties for sexual abuse of children, sexual exploitation and other abuse of children, and conduct relating to child prostitution. Christy Ann Fornoff Act - Denies a court, justice, or judge jurisdiction to consider claims relating to the judgment or sentence in an application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a state court for a crime that involved the killing of a person under age 18. Sets timetables for proceedings. Extends certain rights associated with habeas corpus proceedings to victims of the state offense at issue. Makes this Act applicable to pending cases.

A bill to amend title 18, United States Code, to provide assured punishment for violent crimes against children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom for Workers to Seek Opportunity Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commerce.--The term ``commerce'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (2) Covenant not to compete.--The term ``covenant not to compete'' means an agreement-- (A) between an employee and employer that restricts such employee from performing-- (i) any work for another employer for a specified period of time; (ii) any work in a specified geographical area; or (iii) work for another employer that is similar to such employee's work for the employer included as a party to the agreement; and (B) that is entered into after the date of enactment of this Act. (3) Employee; employer; enterprise; enterprise engaged in commerce or in the production of goods for commerce; goods.-- The terms ``employee'', ``employer'', ``enterprise'', ``enterprise engaged in commerce or in the production of goods for commerce'', and ``goods'' have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (4) Grocery store.--The term ``grocery store'' means an establishment that sells food for home preparation and consumption and offers for sale, on a continuous basis, a variety of foods in each of the following categories of staple foods, including perishable foods in at least two of the categories: (A) Meat, poultry, or fish. (B) Breads and cereals. (C) Vegetables and fruits. (D) Dairy products. (5) Grocery store employee.--The term ``grocery store employee'' means an employee who is employed by a grocery store. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) State.--The term ``State'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). SEC. 3. PROHIBITION ON COVENANTS NOT TO COMPETE AND OTHER AGREEMENTS RESTRICTING THE MOBILITY OF GROCERY STORE EMPLOYEES. (a) Covenant Not To Compete.-- (1) In general.--No employer shall enter into a covenant not to compete with any grocery store employee of such employer, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce). (2) Notice.--An employer subject to subsection (a) shall post, in a conspicuous place on the premises of such employer, a notice of the prohibition set forth in such subsection. (b) Purchase Agreements.--No employer who owns or operates at least one grocery store may, in conjunction with the purchase of one or more grocery stores owned or operated by another employer, include in any agreement between such employers any provision that restricts either employer from hiring a grocery store employee of the other employer. SEC. 4. GROCERY STORE EMPLOYEE RETENTION OF SENIORITY AND BENEFITS AFTER ACQUISITION OR MERGER. An employer who acquires the operations of another employer (hereafter referred to as the former employer) and retains in employment a grocery store employee of the former employer at the same grocery store of the former employer shall continue to recognize, for all employment purposes, the seniority of such grocery store employee, and, to the extent practicable, make available to such employees any benefits made available by the former employer. SEC. 5. ENFORCEMENT. (a) In General.--The Secretary shall receive, investigate, attempt to resolve, and enforce a complaint of a violation of section 3 or 4 in the same manner that the Secretary receives, investigates, and attempts to resolve a complaint of a violation of section 6 or 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), subject to subsection (b). (b) Civil Fine.-- (1) Maximum fine.--The Secretary shall impose a civil fine-- (A) with respect to any employer who violates section 3(a) or 4, an amount not to exceed $5,000 for each employee who was the subject of such violation; and (B) with respect to any employer who violates section 3(b), an amount not to exceed $5,000. (2) Consideration.--In determining the amount of any civil fine under this subsection, the Secretary shall consider the appropriateness of the fine to the size of the employer subject to such fine and the gravity of the applicable violation.

Freedom for Workers to Seek Opportunity Act This bill: (1) prohibits employers from entering into not-to-compete covenants with any grocery store employees engaged in commerce or in the production of goods for commerce, and (2) requires an employer of such employees to post a notice of this prohibition in a conspicuous place on the employer's premises. No employers who own or operate at least one grocery store may, in conjunction with the purchase of one or more grocery stores owned or operated by another employer, include in any agreement between such employers any provision that restricts either employer from hiring a grocery store employee of the other employer. An employer who acquires the operation of another employer and retains in employment a grocery store employee of the former employee at the same grocery store of the former employer shall continue to recognize, for all employment purposes, the seniority of that grocery store employee, and, to the extent practicable, make available to such employees any benefits made available by the former employer. The Secretary of Labor shall: (1) enforce a complaint of a violation of this Act in the same manner as a complaint of a violation of the Fair Labor Standards Act of 1938, and (2) impose a specified civil fine on any employer who violates this Act.

Freedom for Workers to Seek Opportunity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enforcement Priorities Act''. SEC. 2. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES. (a) In General.--Section 310 of the Trade Act of 1974 (19 U.S.C. 2420) is amended to read as follows: ``SEC. 310. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES. ``(a) Identification and Annual Report.--Not later than 75 days after the date that the National Trade Estimate under section 181(b) is required to be submitted each calendar year, the United States Trade Representative shall-- ``(1) identify the trade enforcement priorities of the United States; ``(2) identify trade enforcement actions that the United States has taken during the previous year and provide an assessment of the impact those enforcement actions have had in addressing foreign trade barriers; ``(3) identify the priority foreign country trade practices on which the Trade Representative will focus the trade enforcement efforts of the United States during the upcoming year; and ``(4) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and publish in the Federal Register a report on the priorities, actions, assessments, and practices identified in paragraphs (1), (2), and (3). ``(b) Factors To Consider.--In identifying priority foreign country trade practices under subsection (a)(3), the Trade Representative shall-- ``(1) focus on those practices the elimination of which is likely to have the most significant potential to increase United States economic growth; and ``(2) concentrate on United States trading partners-- ``(A) that represent the largest trade deficit in dollar value with the United States, excluding petroleum and petroleum products; ``(B) whose practices have the most negative impact on maintaining and creating United States jobs, wages, and productive capacity; and ``(C) whose practices limit market access for United States goods and services; and ``(3) take into account all relevant factors, including-- ``(A) the major barriers and trade distorting practices described in the most recent National Trade Estimate required under section 181(b); ``(B) the findings and practices described in the most recent report required under-- ``(i) section 182; ``(ii) section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106); ``(iii) section 3005 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5305); and ``(iv) section 421 of the U.S.-China Relations Act of 2000 (22 U.S.C. 6951); ``(C) the findings and practices described in any other report addressing international trade and investment barriers prepared by the Trade Representative, the Department of Commerce, the Department of Labor, the Department of Agriculture, and the Department of State, or any other agency or congressional commission during the 12 months preceding the date on which the report described in subsection (a)(4) is required to be submitted; ``(D) a foreign country's compliance with its obligations under any trade agreements to which both the foreign country and the United States are parties; ``(E) a foreign country's compliance with its obligations under internationally recognized sanitary and phytosanitary standards; ``(F) the international competitive position and export potential of United States products and services; and ``(G) the enforcement of customs laws relating to anticircumvention and transshipment. ``(c) Consultation.-- ``(1) In general.--Not later than 90 days after the date that the National Trade Estimate under section 181(b) is required to be submitted, the Trade Representative shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the priorities, actions, assessments, and practices required to be identified in the report under subsection (a). ``(2) Vote of committee.--If, as a result of the consultations described in paragraph (1), either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives requests identification of a priority foreign country trade practice by majority vote of the Committee, the Trade Representative shall include such identification in the report required under subsection (a). ``(3) Determination not to include priority foreign country trade practices.--The Trade Representative may determine not to include the priority foreign country trade practice requested under paragraph (2) in the report required under subsection (a) only if the Trade Representative finds that-- ``(A) such practice is already being addressed under provisions of United States trade law, under the Uruguay Round Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7))), under a bilateral or regional trade agreement, or as part of trade negotiations with that foreign country or other countries, and progress is being made toward the elimination of such practice; or ``(B) identification of such practice as a priority foreign country trade practice would be contrary to the interests of United States trade policy. ``(4) Reasons for determination.--In the case of a determination made pursuant to paragraph (3), the Trade Representative shall set forth in detail the reasons for that determination in the report required under subsection (a). ``(5) Report to be publicly available.--The Trade Representative shall publish the report required under subsection (a) in the Federal Register. ``(d) Investigation and Resolution.-- ``(1) In general.--Not later than 120 days after the report required under subsection (a) is submitted, the Trade Representative shall engage in negotiations with the country concerned in accordance with paragraph (2) or (3), as the case may be, to resolve the practices identified in the report. ``(2) Actions with respect to practices of members of the world trade organization or countries with which the united states has a trade agreement in effect.--In the case of any priority foreign country trade practice identified under subsection (a) of a country that is a member of the World Trade Organization or a country with which the United States has a bilateral or regional trade agreement in effect, the Trade Representative shall, not later than 120 days after the date that the report described in subsection (a) is submitted-- ``(A)(i) initiate dispute settlement consultations in the World Trade Organization; or ``(ii) initiate dispute settlement consultations under the applicable provisions of the bilateral or regional trade agreement; ``(B) seek to negotiate an agreement that provides for the elimination of the priority foreign country trade practice or, if elimination of the practice is not feasible, an agreement that provides for compensatory trade benefits; or ``(C) take any other action necessary to facilitate the elimination of the priority foreign country trade practice. ``(3) Actions with respect to practices of other countries.--In the case of any priority foreign country trade practice identified under subsection (a) of a country that is not described in paragraph (2), the Trade Representative shall, not later than 120 days after the report described in subsection (a) is submitted-- ``(A) initiate an investigation under section 302(b)(1); ``(B) seek to negotiate an agreement that provides for the elimination of the priority foreign country trade practice or, if elimination of the practice is not feasible, an agreement that provides for compensatory trade benefits; or ``(C) take any other action necessary to eliminate the priority foreign country trade practice. ``(e) Additional Reporting.-- ``(1) Report by trade representative.--Not later than 180 days after the date of the enactment of this section, and every 180 days thereafter, the Trade Representative shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the progress being made to realize the trade enforcement priorities identified in subsection (a)(1) and the steps being taken to address the priority foreign country trade practices identified in subsection (a)(3). ``(2) Report by government accountability office.--Not later than 2 years after the date of the enactment of this section, and every 2 years thereafter, the Comptroller General of the United States shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing the actions taken by the Trade Representative to realize the trade enforcement priorities identified in subsection (a)(1) and the steps being taken to address the priority foreign country trade practices identified in subsection (a)(3).''. (b) Conforming Amendment.--The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 310, and inserting the following new item: ``Sec. 310. Identification of trade enforcement priorities.''.

Trade Enforcement Priorities Act - Amends the Trade Act of 1974 to revise requirements for identification of trade enforcement priorities by the United States Trade Representative (USTR). Requires the USTR, in identifying priority foreign country trade practices, to concentrate on U.S. trading partners: (1) that represent the largest trade deficit in dollar value with the United States, excluding petroleum and petroleum products; (2) whose practices have the most negative impact on maintaining and creating U.S. jobs, wages, and productive capacity; and (3) whose practices limit market access for U.S. goods and service. Requires the USTR to consult with specified congressional committees on the priorities, actions, assessments, and practices required to be identified in the report. Requires the USTR, with respect to a priority trade practice of a World Trade Organization (WTO) foreign country, or a foreign country with which the United States has a bilateral or regional trade agreement in effect, to initiate: (1) dispute settlement consultations in the WTO; (2) dispute settlement consultations under the bilateral or regional trade agreement; (3) negotiations that seek an agreement for the elimination of the priority foreign country trade practice or, if elimination is not feasible, an agreement that provides for compensatory trade benefits; or (4) any other action to eliminate the priority foreign country trade practice. Prescribes certain actions with respect to the priority foreign country trade practices of other countries.

A bill to renew and extend the provisions relating to the identification of trade enforcement priorities, and for other purposes.

OF CLEARING BANKS. ``(a) Conservatorship or Receivership.-- ``(1) Appointment.--The Board may appoint a conservator or receiver to take possession and control of a State bank which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991 to the same extent and in the same manner as the Comptroller of the Currency may appoint a conservator or receiver for a national bank. ``(2) Powers.--The conservator or receiver for a State bank referred to in paragraph (1) shall exercise the same powers, functions, and duties, subject to the same limitations, as a conservator or receiver for a national bank. ``(b) Board Authority.--The Board shall have the same authority with respect to any conservator or receiver appointed under subsection (a), and the State bank for which the conservator or receiver has been appointed, as the Comptroller of the Currency has with respect to a conservator or receiver for a national bank and the national bank for which the conservator or receiver has been appointed. ``(c) Bankruptcy Proceedings.--The Comptroller of the Currency (in the case of a national bank which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991) or the Board (in the case of a State bank which operates, or operates as, such a multilateral clearing organization) may direct a conservator or receiver appointed for such bank to file a petition pursuant to title 11, United States Code, in which case, title 11, United States Code, shall apply to such bank in lieu of otherwise applicable Federal or State insolvency law.''. (b) Technical and Conforming Amendments to Title 11, United States Code.-- (1) Bankruptcy code debtors.--Section 109(b)(2) of title 11, United States Code, is amended by striking `; or' and inserting the following: `, except that a bank or a corporation organized under section 25A of the Federal Reserve Act which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991 may be a debtor if a petition is filed at the direction of the Comptroller of the Currency (in the case of a national bank) or the Board of Governors of the Federal Reserve System (in the case of a State bank or such a corporation); or''. (2) Chapter 7 debtors.--Section 109(d) of title 11, United States Code, is amended to read as follows: ``(d) Only a railroad, a person that may be a debtor under chapter 7 of this title (except a stockbroker or a commodity broker), and a bank or a corporation organized under section 25A of the Federal Reserve Act which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991 may be a debtor under chapter 11 of this title.''. (3) Definition of financial institution.--Section 101(22) of title 11, United States Code, is amended to read as follows: ``(22) the term `financial institution'-- ``(A) means a person that is a commercial or savings bank, industrial savings bank, savings and loan association, trust company, a bank or a corporation organized under section 25A of the Federal Reserve Act and, when any such person is acting as agent or custodian for a customer in connection with a securities contract, as defined in section 741 of this title, such customer; and ``(B) includes any person described in subparagraph (A) which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991;''. (4) Subchapter v of chapter 7.-- (A) In general.--Section 103 of title 11, United States Code, is amended-- (i) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (ii) by inserting after subsection (d) the following new subsection: ``(e) Scope of Application.--Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of a bank or a corporation organized under section 25A of the Federal Reserve Act which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991.''. (B) Clearing bank liquidation.--Chapter 7 of title 11, United States Code, is amended by adding at the end the following new subchapter: ``Subchapter V--Clearing Bank Liquidation ``Sec. Sec. 781. Definitions. ``For purposes of this subchapter, the following definitions shall apply: ``(1) Board.--The term `Board' means the Board of Governors of the Federal Reserve System. ``(2) Depository institution.--The term `depository institution' has the same meaning as in section 3 of the Federal Deposit Insurance Act, and includes any wholesale bank. ``(3) Clearing bank.--The term `clearing bank' means a national or State bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 of the Federal Deposit Insurance Corporation Improvement Act of 1991. ``Sec. Sec. 782. Selection of trustee ``(a) In General.-- ``(1) Appointment.--Notwithstanding any other provision of this title, the conservator or receiver who files the petition shall be the trustee under this chapter, unless the Comptroller of the Currency (in the case of a clearing bank for which the Comptroller of the Currency appointed a conservator or receiver) or the Board (in the case of any clearing bank for which the Board appointed a conservator or receiver) designates an alternative trustee. ``(2) Successor.--The Comptroller of the Currency or the Board of Governors of the Federal Reserve System (as the case may be) may designate a successor trustee, if required. ``(b) Authority of Trustee.--Whenever the Comptroller of the Currency or the Board appoints or designates a trustee, chapter 3 and sections 704 and 705 of this title shall apply to the Comptroller or the Board, as applicable, in the same way and to the same extent that they apply to a United States trustee. ``Sec. Sec. 783. Additional powers of trustee ``(a) Distribution of Nonestate Property.--The trustee under this subchapter has power to distribute property not of the estate, including distributions to customers that are mandated by subchapters III and IV of this chapter. ``(b) Disposition of Institution.--The trustee under this subchapter may, after notice and a hearing-- ``(1) sell the clearing bank to a depository institution or consortium of depository institutions (which consortium may agree on the allocation of the clearing bank among the consortium); ``(2) merge the clearing bank with a depository institution; ``(3) transfer contracts to the same extent as could a receiver for a depository institution under paragraphs (9) and (10) of section 11(e) of the Federal Deposit Insurance Act; ``(4) transfer assets or liabilities to a depository institution; ``(5) transfer assets and liabilities to a bridge bank as provided in paragraphs (1), (3)(A), (5), (6), of section 11(n) of the Federal Deposit Insurance Act, paragraphs (9) through (13) of such section, and subparagraphs (A) through (H) and subparagraph (K) of paragraph (4) of such section 11(n), except that-- ``(A) the bridge bank to which such assets or liabilities are transferred shall be treated as a clearing bank for the purpose of this subsection; and ``(B) any references in any such provision of law to the Federal Deposit Insurance Corporation shall be construed to be references to the appointing agency and that references to deposit insurance shall be omitted. ``(c) Certain Transfers Included.--Any reference in this section to transfers of liabilities includes a ratable transfer of liabilities within a priority class. ``Sec. Sec. 784. Right to be heard ``The Comptroller of the Currency (in the case of a clearing bank for which the Comptroller of the Currency appointed a conservator or receiver), the Board of Governors of the Federal Reserve System (in the case of any clearing bank for which the Board appointed a conservator or receiver), or a Federal reserve bank (in the case of a clearing bank that is a member of that bank) may raise and may appear and be heard on any issue in a case under this subchapter.''. (c) Conforming Amendment.--The table of sections for chapter 7 of title 11, United States Code, is amended by adding at the end the following new items: ``Subchapter V--Clearing Bank Liquidation ``Sec. ``781. Definitions. ``782. Selection of trustee. ``783. Additional powers of trustee. ``784. Right to be heard.''. (d) Resolution of Edge Act Corporations.--The 16th undesignated paragraph of section 25A of the Federal Reserve Act (12 U.S.C. 624) is amended to read as follows: ``(16) Appointment of receiver or conservator.-- ``(A) In general.--The Board may appoint a conservator or receiver for a corporation organized under the provisions of this section to the same extent and in the same manner as the Comptroller of the Currency may appoint a conservator or receiver for a national bank, and the conservator or receiver for such corporation shall exercise the same powers, functions, and duties, subject to the same limitations, as a conservator or receiver for a national bank. ``(B) Equivalent authority.--The Board shall have the same authority with respect to any conservator or receiver appointed for a corporation organized under the provisions of this section under this paragraph and any such corporation as the Comptroller of the Currency has with respect to a conservator or receiver of a national bank and the national bank for which a conservator or receiver has been appointed. ``(C) Title 11 petitions.--The Board may direct the conservator or receiver of a corporation organized under the provisions of this section to file a petition pursuant to title 11, United States Code, in which case, title 11, United States Code, shall apply to the corporation in lieu of otherwise applicable Federal or State insolvency law.''. SEC. 7. RELATION TO STATE LAW. No state or local law that prohibits or regulates gaming or the operation of ``bucket shops'' (other than anti-fraud provisions of general applicability) shall be deemed to govern or be in any way applicable to any over-the-counter derivative instrument (as defined in section 408(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991) to which a financial institution (as defined in or under section 402(9) of such Act or in or under section 509(3)(A) of the Gramm-Leach-Bliley Act) is a party.

Sets forth rules of construction to emphasize that the Commodity Futures Trading Commission and the Securities and Exchange Commission retain their inherent jurisdiction over the trading and clearing activities within their respective purviews. States that a multilateral clearing organization under the jurisdiction of the Board of Governors of the Federal Reserve System (the Board) or the Comptroller of the Currency does not fall within the jurisdiction of any other Federal entity as a result of clearing any over-the-counter derivative instrument. States that no over-the-counter instrument to which a financial institution is a party shall be subject to rescission or held unenforceable based solely on the regulatory status or jurisdiction over such instrument under Federal or State law. Provides that an over-the-counter instrument does not fall within the purview of the Commodity Exchange Act as a consequence of being the subject of an electronic trade or communication. Authorizes the Board to appoint a conservator or receiver to take possession and control of a State bank which operates, or operates as, a multilateral clearing organization in the same manner as the Comptroller of the Currency may do so.

Over-the-Counter Derivatives Systemic Risk Reduction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Education Opportunity Act of 1999''. SEC. 2. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN MONTGOMERY GI BILL PROGRAM. (a) Participation Authorized.--(1) Subchapter II of chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled ``(a) Notwithstanding any other provision of law, an individual who-- ``(1) either-- ``(A) is a participant on the date of the enactment of this section in the educational benefits program provided by chapter 32 of this title; or ``(B) has made an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive educational assistance under this chapter and has not withdrawn that election under section 3018(a) of this title as of such date; ``(2) is serving on active duty (excluding periods referred to in section 3202(1)(C) of this title in the case of an individual described in paragraph (1)(A)) on such date; ``(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; ``(4) if discharged or released from active duty after the date on which the individual makes the election described in paragraph (5), is discharged with an honorable discharge or released with service characterized as honorable by the Secretary concerned; and ``(5) during the one-year period beginning on the date of the enactment of this section, makes an irrevocable election to receive benefits under this section in lieu of benefits under chapter 32 of this title or withdraws the election made under section 3011(c)(1) or 3012(d)(1) of this title, as the case may be, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; is entitled to basic educational assistance under this chapter. ``(b)(1) Except as provided in paragraphs (2) and (3), in the case of an individual who makes an election under subsection (a)(5) to become entitled to basic education assistance under this chapter-- ``(A) the basic pay of the individual shall be reduced (in a manner determined by the Secretary of Defense) until the total amount by which such basic pay is reduced is $1,200; or ``(B) to the extent that basic pay is not so reduced before the individual's discharge or release from active duty as specified in subsection (a)(4), the Secretary shall collect from the individual an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2) In the case of an individual previously enrolled in the educational benefits program provided by chapter 32 of this title, the Secretary shall reduce the total amount of the reduction in basic pay otherwise required by paragraph (1) by an amount equal to so much of the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account under section 3222(a) of this title as do not exceed $1,200. ``(3) An individual may at any time pay the Secretary an amount equal to the difference between the total of the reductions otherwise required with respect to the individual under this subsection and the total amount of the reductions with respect to the individual under this subsection at the time of the payment. Amounts paid under this paragraph shall be paid into the Treasury of the United States as miscellaneous receipts. ``(c)(1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(5) shall be disenrolled from the program as of the date of such election. ``(2) For each individual who is disenrolled from such program, the Secretary shall refund-- ``(A) to the individual in the manner provided in section 3223(b) of this title so much of the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account as are not used to reduce the amount of the reduction in the individual's basic pay under subsection (b)(2); and ``(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual. ``(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to section 3222(c) of this title on behalf of an individual referred to in paragraph (1) shall remain in such account to make payments of benefits to the individual under section 3015(f) of this title. ``(d) The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title. Receipt of such notice shall be acknowledged in writing.''. (2) The table of sections at the beginning of chapter 30 of that title is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled.''. (b) Conforming Amendment.--Section 3015(f) of that title is amended by striking ``or 3018C'' and inserting ``3018C, or 3018D''. (c) Sense of Congress.--It is the sense of Congress that any law enacted after the date of the enactment of this Act which includes provisions terminating or reducing the contributions of members of the Armed Forces for basic educational assistance under subchapter II of chapter 30 of title 38, United States Code, should terminate or reduce by an identical amount the contributions of members of the Armed Forces for such assistance under section of section 3018D of that title, as added by subsection (a).

GI Education Opportunity Act of 1999 - Entitles to basic educational assistance under the Montgomery GI Bill educational assistance program individuals who are either current participants in the Post-Vietnam Era Veterans' Educational Assistance program (PVEAP) or have elected not to receive basic educational assistance and who: (1) have completed the requirements of a secondary school diploma, or have completed at least 12 semester hours in a program leading to a standard college degree, before applying for such benefits; (2) if discharged or released, were discharged or released under honorable conditions; and (3) during the one-year period following the enactment of this Act, make an irrevocable decision to receive such benefits in lieu of any other veterans' educational benefits. Requires: (1) the reduction by $1,200 of the basic pay of individuals making such elections; and (2) disenrollment under the PVEAP for those electing to transfer from that program to the Montgomery GI Bill program. Expresses the sense of Congress that any subsequent law which includes provisions terminating or reducing the required contribution of military personnel for PVEAP benefits should terminate or reduce by an identical amount the contributions for Montgomery GI Bill benefits.

GI Education Opportunity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstart Housing Opportunities Utilizing Small Enterprises Act of 2016'' or the ``Jumpstart HOUSE Act of 2016''. SEC. 2. NEW TRANCHES OF CAPITAL FOR SUCCESSFUL STATE PROGRAMS. Section 3003 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5702) is amended by adding at the end the following: ``(d) Additional Allocation and Competitive Awards.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible participating State' means a participating State that has certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the second \1/3\ of the 2010 allocation transferred to the State under subsection (c)(1)(A)(iii); and ``(B) the term `unused funds' means-- ``(i) amounts made available to the Secretary under clause (i)(II) or (ii)(II) of paragraph (2)(E); and ``(ii) amounts made available to the Secretary under paragraph (4)(B)(ii). ``(2) Allocation for 2010 participating states.-- ``(A) Allocation.--Of the amount made available under paragraph (6)(D), the Secretary shall allocate a total of $500,000,000 among eligible participating States in the same ratio as funds were allocated under the 2010 allocation under subsection (b)(1) among participating States. ``(B) Application.--An eligible participating State desiring to receive funds allocated under this paragraph shall submit an application-- ``(i) not later than the date that is 6 months after the date of enactment of this subsection; and ``(ii) in such manner and containing such information as the Secretary may require. ``(C) Availability of allocated amount.-- ``(i) In general.--Notwithstanding subsection (c)(1), after an eligible participating State approved by the Secretary to receive an allocation under this paragraph has certified to the Secretary that the eligible participating State has expended, transferred, or obligated not less than 80 percent of the last \1/3\ of the 2010 allocation to the eligible participating State, the Secretary shall transfer to the eligible participating State the funds allocated to the eligible participating State under this paragraph. ``(ii) Effect on agreements.--The allocation or transfer of funds under this paragraph to an eligible participating State shall not be construed to-- ``(I) amend or modify the terms of the Allocation Agreement entered into by the eligible participating State relating to the 2010 allocation; or ``(II) modify or extend the Allocation Time Period, as defined under such Allocation Agreement. ``(D) Use of transferred funds.--An eligible participating State may use funds transferred under this paragraph for any purpose authorized under subparagraph (A), (B), or (C) of subsection (c)(3). ``(E) Termination of availability of amounts.-- ``(i) In general.--If an eligible participating State has not certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the last \1/3\ of the 2010 allocation as of the date that is 2 years after the date on which the Secretary approves the eligible participating State to receive an allocation under this paragraph, any amounts allocated to the eligible participating State under this paragraph-- ``(I) may not be transferred to the eligible participating State under this paragraph; and ``(II) shall be available to the Secretary to make awards under paragraph (4). ``(ii) Other amounts.--Effective on the date that is 2 years after the date of enactment of this subsection, any amounts allocated under this paragraph to a participating State that, as of such date, is not an eligible participating State or to an eligible participating State that did not submit an application under subparagraph (B) or was not approved by the Secretary to receive an allocation under this paragraph-- ``(I) may not be transferred to an eligible participating State under this paragraph; and ``(II) shall be available to the Secretary to make awards under paragraph (4). ``(3) Competitive funding.-- ``(A) In general.--Of the amount made available under paragraph (6)(D), the Secretary may award, on a competitive basis, not more than a total of $1,000,000,000 to participating States and consortiums of participating States for use for any purpose authorized under subparagraph (A), (B), or (C) of subsection (c)(3). ``(B) Application.-- ``(i) In general.--A participating State or consortium of participating States desiring to receive an award under this paragraph shall submit an application-- ``(I) not later than the date established by the Secretary, which shall be not later than the date that is 1 year after the date of enactment of this subsection; and ``(II) in such manner and containing such information as the Secretary may require. ``(ii) Number of applications.--A participating State may submit not more than 1 application on behalf of the participating State and not more than 1 application as part of a consortium of participating States. ``(iii) States that did not participate.--A State that is not a participating State may apply to the Secretary for approval to be a participating State for purposes of this paragraph and paragraph (4), in accordance with section 3004. ``(C) Factors.--In determining whether to make an award to a participating State or consortium of participating States under this paragraph, the Secretary shall consider-- ``(i) how the participating State or consortium of participating States plan to use amounts provided under the award under the approved State program to-- ``(I) leverage private sector capital; ``(II) create and retain jobs during the 2-year period beginning on the date of the award; ``(III) serve businesses that have been incorporated or in operation for not more than 5 years; and ``(IV) serve low- or moderate- income communities; ``(ii) the extent to which the participating State or consortium of participating States will establish or continue a robust self-evaluation of the activities of the participating State or consortium of participating States using amounts made available under this title; ``(iii) the extent to which the participating State or consortium of participating States will provide non-Federal funds in excess of the amount required under subparagraph (E); and ``(iv) the extent to which the participating State expended, obligated, or transferred the 2010 allocation to the State. ``(D) Award of funds.-- ``(i) First tranche.--Notwithstanding subsection (c)(1), and not later than 30 days after making an award under this paragraph to a participating State or consortium of participating States, the Secretary shall transfer 50 percent of the amount of the award to the participating State or consortium of participating States. ``(ii) Second tranche.--After a participating State or consortium of participating States has certified to the Secretary that the participating State or consortium of participating States has expended, transferred, or obligated not less than 80 percent of the amount transferred under clause (i), the Secretary shall transfer to the participating State or consortium of participating States the remaining amount of the award. ``(E) State share.--The State share of the cost of the activities, excluding administrative expenses, carried out using an award under this paragraph shall be not less than 10 percent. The Secretary may determine what contributions by a State qualify as part of the State share of the cost for purposes of this subparagraph. ``(4) Award of unused funds.-- ``(A) In general.--The Secretary may award, on a competitive basis, unused funds to participating States for use for any purpose authorized under subparagraph (A), (B), or (C) of subsection (c)(3). ``(B) Unused 2010 funds.-- ``(i) In general.--The Secretary shall determine whether any amounts allocated to a participating State under subsection (b) shall be deemed no longer allocated and no longer available if a participating State has not certified to the Secretary that the State has expended, transferred, or obligated 80 percent of the second \1/3\ of the 2010 allocation by December 31, 2016. ``(ii) Availability.--Effective on the date of the determination under clause (i), any amounts identified in the determination that were deemed no longer allocated and no longer available to the participating State shall be available to the Secretary to make awards under this paragraph. ``(C) Application.--A participating State desiring to receive an award under this paragraph shall submit an application-- ``(i) not later than 3 months after the date on which funds are deemed no longer allocated and no longer available to any participating State; and ``(ii) in such manner and containing such information as the Secretary may require. ``(D) Factors.--In determining whether to make an award to a participating State under this paragraph, the Secretary shall consider the factors described in paragraph (3)(C). ``(E) Minimum amount.--The Secretary may not make an award of less than $5,000,000 under this paragraph. ``(5) Compliance and reporting requirements.--During the period beginning on the date on which a participating State first receives funds under paragraph (2), (3), or (4) and ending on the date that is 8 years after the date of enactment of this subsection, the participating State shall submit quarterly and annual reports containing the information described in, and in accordance with the deadlines established under, section 3007. ``(6) Administration and implementation.-- ``(A) Administrative expenses for participating states.--A participating State may use not more than 3 percent of the amount made available to the participating State under paragraph (2), (3), or (4) for administrative expenses incurred by the participating State in implementing an approved State program. ``(B) Contracting.--During the 1-year period beginning on the date of enactment of this subsection, and notwithstanding any other provision of law relating to public contracting, the Secretary may enter into contracts to carry out this subsection. ``(C) Amounts not assistance.--Any amounts transferred to a participating State under paragraph (2), (3), or (4) shall not be considered assistance for purposes of subtitle V of title 31, United States Code. ``(D) Appropriation.--There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out this subsection, including to pay reasonable costs of administering the programs under this subsection, to remain available until expended. ``(E) Termination of secretary's program administration functions.--The authorities and duties of the Secretary to implement and administer the program under this subsection shall terminate at the end of the 8-year period beginning on the date of enactment of this subsection.''. SEC. 3. SUPPORT FOR AFFORDABLE HOUSING PROJECTS. Section 3003(c) of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5702(c)) is amended-- (1) in paragraph (3)-- (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: ``(C) to provide funds to small businesses to be used-- ``(i) to develop, acquire, construct, rehabilitate, maintain, operate, or manage housing projects that provide housing that is affordable for low- or moderate-income households, as determined by the Secretary, in consultation with the Secretary of Housing and Urban Development; ``(ii) notwithstanding section 220 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750) or any other provision of law, to cover any contribution required under such section or any matching amount, contribution amount, or non-Federal share required in connection with any other Federal grant or assistance program to provide housing that is affordable for low- or moderate-income households; or ``(iii) for purchasing foreclosed properties and property being sold by a State or local government, but only for the use of such properties for the purposes specified in clause (i) of this subparagraph;''; (2) in paragraph (6)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) the term `small business' has the meaning given the term `small business concern' under section 3(a) of the Small Business Act.''; and (3) by adding at the end the following: ``(7) Use of funds for affordable housing purposes.--With respect to a participating State, of amounts transferred under this section to the State that have not been obligated as of the date of the enactment of this paragraph, the State shall use, at a minimum, the lesser of-- ``(A) $2,500,000, and ``(B) 10 percent of such unobligated amount, for the purposes described under paragraph (3)(C).''.

Jumpstart Housing Opportunities Utilizing Small Enterprises Act of 2016 or the Jumpstart HOUSE Act of 2016 This bill amends the State Small Business Credit Initiative Act of 2010 to extend for an additional eight fiscal years the State Small Business Credit Initiative to assist participating states to give collateral support and other innovative credit access and guarantee initiatives for small businesses and manufacturers. The bill also prescribes allocations of federal funds to participating states. The Department of the Treasury may award, on a competitive basis, up to a total of $1 billion in two tranches, according to specified criteria, to participating states and consortiums of participating states for use: (1) for making federal contributions to, or for the account of, an approved state program; or (2) as collateral for a qualifying loan or swap funding facility. Small businesses receiving funds from a participating state may use them to: develop, acquire, construct, rehabilitate, maintain, operate, or manage projects for affordable housing for low- or moderate-income households; cover any contribution, matching amount, or non-federal share required in connection with any other federal grant or assistance program to provide such housing; or purchase foreclosed properties and property being sold by a state or local government, but only for the use of such properties for such housing.

Jumpstart HOUSE Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection Lock-box Act of 1999''. SEC. 2. TAXPAYER PROTECTION LOCK-BOX LEDGER. (a) Establishment of Ledger.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``taxpayer protection lock-box ledger ``Sec. 314. (a) Establishment of Ledger.--The Director of the Congressional Budget Office (hereinafter in this section referred to as the `Director') shall maintain a ledger to be known as the `Taxpayer Protection Lock-box Ledger'. The Ledger shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Each entry shall consist of three parts: the `House Lock-box Balance'; the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box Balance'. ``(b) Components of Ledger.--Each component in an entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Credit of Amounts to Ledger.--(1) The Director shall, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(2) The Director shall, upon the engrossment of Senate amendments to any appropriation bill, credit to the applicable Joint House-Senate Lock-box Balance the amounts of new budget authority and outlays equal to-- ``(A) an amount equal to one-half of the sum of (i) the amount of new budget authority in the House Lock-box Balance plus (ii) the amount of new budget authority in the Senate Lock-box Balance for that bill; and ``(B) an amount equal to one-half of the sum of (i) the amount of outlays in the House Lock-box Balance plus (ii) the amount of outlays in the Senate Lock-box Balance for that bill. ``(3) For purposes of calculating under this section the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by the Senate on an appropriation bill, the amendments reported to the Senate by its Committee on Appropriations shall be considered to be part of the original text of the bill. ``(d) Definition.--As use in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year.''. ``(b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 313 the following new item: ``Sec. 314. Taxpayer protection lock-box ledger.''. SEC. 3. TALLY DURING HOUSE OR SENATE CONSIDERATION. There shall be available to Members in the House of Representatives and the Senate during consideration of any appropriations bill by the House and the Senate a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported. SEC. 4. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND SECTION 602(B) SUBALLOCATIONS. (a) Allocations.--Section 602(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(5) Upon the engrossment of House or Senate amendments to any appropriation bill (as defined in section 314(d)) for a fiscal year, the amounts allocated under paragraph (1) or (2) to the Committee on Appropriations of each House upon the adoption of the most recent concurrent resolution on the budget for that fiscal year shall be adjusted downward by the amounts credited to the applicable Joint House-Senate Lock-box Balance under section 314(c)(2). The revised levels of budget authority and outlays shall be submitted to each House by the chairman of the Committee on the Budget of that House and shall be printed in the Congressional Record.''. (b) Suballocations.--Section 602(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Whenever an adjustment is made under subsection (a)(5) to an allocation under that subsection, the chairman of the Committee on Appropriations of each House shall make downward adjustments in the most recent suballocations of new budget authority and outlays under subparagraph (A) to the appropriate subcommittees of that committee in the total amounts of those adjustments under section 314(c)(2). The revised suballocations shall be submitted to each House by the chairman of the Committee on Appropriations of that House and shall be printed in the Congressional Record.''. SEC. 5. PERIODIC REPORTING OF LEDGER STATEMENTS. Section 308(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Such reports shall also include an up-to-date tabulation of the amounts contained in the ledger and each entry established by section 314(a).''. SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS. The discretionary spending limits for new budget authority and outlays for any fiscal year set forth in section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, shall be reduced by the amounts set forth in the final regular appropriation bill for that fiscal year or joint resolution making continuing appropriations through the end of that fiscal year. Those amounts shall be the sums of the Joint House-Senate Lock-box Balances for that fiscal year, as calculated under section 602(a)(5) of the Congressional Budget Act of 1974. That bill or joint resolution shall contain the following statement of law: ``As required by section 6 of the Taxpayer Protection Lock-box Act of 1999, for fiscal year [insert appropriate fiscal year] and each outyear, the adjusted discretionary spending limit for new budget authority shall be reduced by $ [insert appropriate amount of reduction] and the adjusted discretionary limit for outlays shall be reduced by $ [insert appropriate amount of reduction] for the budget year and each outyear.'' Notwithstanding section 904(c) of the Congressional Budget Act of 1974, section 306 of that Act as it applies to this statement shall be waived. This adjustment shall be reflected in reports under sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 7. EFFECTIVE DATE. (a) In General.--The provisions of sections 1 through 6 of this Act shall apply to all appropriation bills making appropriations for fiscal year 1999 or any subsequent fiscal year. (b) FY99 Application.--In the case of any appropriation bill for fiscal year 1999 engrossed by the House of Representatives or the Senate after January 28, 1999, and before the date of enactment of this Act, the Director of the Congressional Budget Office, the Director of the Office of Management and Budget, and the Committees on Appropriations and the Committees on the Budget of the House of Representatives and of the Senate shall, within 10 calendar days after that date of enactment of this Act, carry out the duties required by this Act and amendments made by it that occur after the date this Act was engrossed by the House of Representatives or the Senate. (c) FY99 Allocations.--The duties of the Director of the Congressional Budget Office and of the Committees on the Budget and on Appropriations of the House of Representatives and the Senate pursuant to this Act and the amendments made by it regarding appropriation bills for fiscal year 1999 shall be based upon the revised section 602(a) allocations in effect on January 28, 1999. (d) Definition.--As used in this section, the term ``appropriation bill'' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year. SEC. 8. ADJUSTMENT FOR STIMULATIVE EFFECT OF REVENUE REDUCTIONS. (a) Amount of Adjustment.-- (1) OMB.--Effective in 1999 and not later than October 15 of each year, the Director of OMB shall calculate stimulative effect by determining the amount by which actual revenues exceed the projected level of revenues set forth in paragraph (2) and then estimating the amount of the excess (fiscal dividend excess) attributable to provisions of the Balanced Budget Act of 1997 reducing revenues. (2) Projected level of revenues.--The projected level of revenues referred to in paragraph (1) are as follows: (A) For fiscal year 1999, $1,815,000,000,000. (B) For fiscal year 2000, $1,870,000,000,000. (C) For fiscal year 2001, $1,930,000,000,000. (D) For fiscal year 2002, $2,015,000,000,000. (E) For fiscal year 2003, $2,091,000,000,000. (F) For fiscal year 2004, $2,184,000,000,000. (G) For fiscal year 2005, $2,288,000,000,000. (H) For fiscal year 2006, $2,393,000,000,000. (I) For fiscal year 2007, $2,500,000,000,000. (J) For fiscal year 2008, $2,611,000,000,000. (K) For fiscal year 2009, $2,727,000,000,000. (3) CBO certification.--Not later than October 20, the Director of the CBO shall certify the estimates and projections of the Director of OMB made under this subsection. If the Director of CBO cannot certify the estimates and projections, the Director shall notify Congress and the President of the disagreement and submit revised estimates. (b) Reduction of Deficit.--If the Director of OMB determines that a fiscal dividend excess exists under subsection (a) and on November 1, the President may-- (1) direct the Secretary of the Treasury to pay an amount not to exceed the levels of excess to retire debt obligations of the United States; or (2) submit a legislative proposal to Congress for reducing taxes by the amount of excess not dedicated to deficit reduction to be considered by Congress as provided in subsection (c); or (3) submit a legislative proposal to Congress for saving social security by the amount of excess not dedicated to deficit reduction and/or tax relief. (c) Expedited Procedure.-- (1) Introduction.--Not later than 3 days after the President submits a legislative proposal under subsection (b)(2) or (b)(3), the Majority Leaders of the Senate and the House of Representatives shall introduce the proposal in their respective Houses as a bill. If the bill described in the preceding sentence is not introduced as provided in the preceding sentence, then, on the 4th day after the submission of the legislative proposal by the President, any Member of the House may introduce the bill. (2) Referral to committee.--A bill described in paragraph (1) introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A bill described in paragraph (1) introduced in the Senate shall be referred to the Committee on Finance of the Senate. If more than 1 bill is introduced as provided in paragraph (1), the committee shall consider and report the first bill introduced. Amendments to the bill in committee may not reduce revenues in the bill below the amount proposed by the President. Such a bill may not be reported before the 8th day after its introduction. (3) Discharge of committee.--If the committee to which is referred a bill described in paragraph (1) has not reported such bill at the end of 15 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such bill and such bill shall be placed on the appropriate calendar of the House involved. (4) Floor consideration.-- (A) In general.--When the committee to which a bill is referred has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a bill described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill, and all points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 bill is agreed to, the bill shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Consideration of the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. Debate on amendments to the bill shall be limited to 30 minutes equally divided. Amendments to the bill may not reduce revenues in the bill below the amount proposed by the President. (C) Vote on final passage.--Immediately following the conclusion of the debate on a bill described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a bill described in paragraph (1) shall be decided without debate. (5) Coordination with action by other house.--If, before the passage by one House of a bill of that House described in paragraph (1), that House receives from the other House a bill described in paragraph (1), then the following procedures shall apply: (A) The bill of the other House shall not be referred to a committee. (B) With respect to a bill described in paragraph (1) of the House receiving the bill-- (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (6) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in paragraph (1), 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) Deficit Reduction if Tax Reductions or Social Security Reforms Are Not Enacted.--If tax reductions or social security reforms are not enacted by December 31 of the year of the submission of a legislative proposal under subsection (b)(2), the President shall pay an amount equal to the amount by which revenues are not reduced to deficit reduction as provided in subsection (b)(1). (e) Definition.--For purposes of this section, the term ``stimulative economic effect of any laws reducing revenues'' refers to laws that have the effect of stimulating savings, investment, job creation, and economic growth. (f) MDA Point of Order.--Section 605(b) of the Congressional Budget Act of 1974 is amended to read as follows: ``(1) Maximum deficit point of order.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would result in a deficit for a fiscal year. ``(B) Waiver or suspension.--This subsection may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.''. (g) Sixty Vote Point of Order.--Section 904 of the Congressional Budget Act of 1974 is amended-- (1) in the second sentence of subsection (c) by inserting ``605(b),'' after ``601(b),''; and (2) in the third sentence of subsection (d) by inserting ``605(b),'' after ``601(b),''.

Taxpayer Protection Lock-box Act of 1999 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to maintain a Taxpayer Protection Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the CBO Director, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. (Sec. 3) Requires a running tally to be available to Members of the House of Representatives and the Senate, during the consideration of any appropriations bill, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. (Sec. 4) Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of House or Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. (Sec. 5) Requires the CBO Director to include an up-to-date tabulation of the amounts contained in the Taxpayer Protection Lock-box Ledger and each entry in periodic reports. (Sec. 6) Requires the downward adjustment of discretionary spending limits by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year. Provides that such amounts shall be the sums of the Joint House-Senate Lock-box Balances for that fiscal year. (Sec. 8) Requires the Director of the Office of Management and Budget (OMB) to calculate stimulative effect (effect of stimulating savings, investment, job creation, and economic growth) by determining the amount by which actual revenues exceed specified projected levels of revenues for FY 1999 through 2009 and to estimate the amount of the excess (fiscal dividend excess) attributable to provisions of the Balanced Budget Act of 1997 reducing revenues. Provides for CBO certification of such estimates and projections or the submission of revised estimates by CBO in the case of disagreement. Authorizes the President, if the OMB Director determines that a fiscal dividend excess exists, to: (1) direct the Secretary of the Treasury to pay an amount not exceeding such excess to retire U.S. debt obligations; (2) submit a legislative proposal to the Congress for reducing taxes by the amount of excess not dedicated to deficit reduction; or (3) submit a legislative proposal to the Congress for saving social security by the amount of the excess not dedicated to deficit reduction or tax relief. Sets forth an expedited procedure for consideration of such proposals. Directs the President, if tax reductions or social security reforms are not enacted by December 31 of the year of the submission of a legislative proposal for reducing taxes, to pay an amount equal to the amount by which revenues are not reduced to deficit reduction.

Taxpayer Protection Lock-box Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioterrorism Prevention Act of 2001''. SEC. 2. EXPANSION OF BIOLOGICAL WEAPONS STATUTE. (a) Select Agents.-- (1) In general.--Section 175 of title 18, United States Code, is amended-- (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following subsection: ``(b) Select Agents.-- ``(1) Unsafe handling.-- ``(A) In general.--Whoever possesses, uses, or exercises control over a select agent in a manner constituting reckless disregard for the public health and safety, knowing the select agent to be a biological agent or toxin, shall be fined under this title, imprisoned for not more than one year, or both. ``(B) Aggravated offense.--Whoever, in the course of a violation of subparagraph (A), causes bodily injury to another shall be fined under this title, or imprisoned for not more than 10 years, or both; except that if death results from such violation, the person committing the violation shall be fined under this title, or imprisoned for any term of years or for life, or both. ``(2) Unregistered for possession.--Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration under section 511(f) of the Antiterrorism and Effective Death Penalty Act of 1996 shall be fined under this title, or imprisoned for not more than 5 years, or both. ``(3) Transfer to unregistered person.--Whoever knowingly transfers a select agent to a person who has not obtained a registration under section 511(e) of the Antiterrorism and Effective Death Penalty Act of 1996 shall be fined under this title, or imprisoned for not more than 5 years, or both. ``(4) Restricted persons.--Whoever is a restricted person and knowingly ships or transports a select agent in interstate or foreign commerce, or knowingly receives a select agent so shipped or transported, or knowingly possesses a select agent in or affecting interstate or foreign commerce, shall be fined under this title, or imprisoned for not more than 5 years, or both. The preceding sentence does not apply with respect to any duly authorized governmental activity under title V of the National Security Act of 1947.''. (2) Definitions.--Section 175 of title 18, United States Code, as amended by paragraph (1) of this subsection, is amended by amending subsection (c) to read as follows: ``(c) Definitions.--As used in this section: ``(1) The terms `biological agent' and `toxin' have the meanings given such terms in section 178, except that, for purposes of subsection (b), such terms do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, cultured, collected, or otherwise extracted from its natural source. ``(2) The term `bodily injury' has the meaning given such term in section 1365. ``(3) The term `for use as a weapon' includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system, other than for prophylactic, protective, or other peaceful purposes. ``(4)(A) The term `restricted person' means a person-- ``(i) who is described in section 922(g), as such section was in effect on the day before the effective date of this paragraph; or ``(ii) who is an alien, other than an alien lawfully admitted for permanent residence or an alien who under subparagraph (B) is considered not to be a restricted person. ``(B) For purposes of subparagraph (A)(ii): ``(i) An alien is considered not to be a restricted person if the alien is within a category designated under clause (ii) of this subparagraph. ``(ii) The Secretary of Health and Human Services, in consultation with the Attorney General, may designate categories of individuals who have-- ``(I) nonimmigrant visas as defined in section 101(a)(26) of the Immigration and Nationality Act; and ``(II) expertise valuable to the United States regarding select agents. ``(5) The term `select agent' means a biological agent or toxin, as defined in paragraph (1), 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 (Public Law 104-132); and ``(B) has not been exempted from the applicability of regulations under section 511(e) of such Act.''. (3) Effective date regarding restricted persons; regulations.-- (A) Effective date.--Section 175(b)(4) of title 18, United States Code, as added by subsection (a)(1)(B) of this section, takes effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. (B) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall determine whether the Secretary will designate any categories or individuals for purposes of section 175(c)(4)(B) of title 18, United States Code, as added by subsection (a)(1)(B) of this section. If the Secretary determines that one or more such categories will be designated, the Secretary shall promulgate an interim final rule for purposes of such section not later than 60 days after such date of enactment. (4) Conforming amendment.--Section 175(a) of title 18, United States Code, is amended in the second sentence by striking ``under this section'' and inserting ``under this subsection''. (b) Amendments to Antiterrorism and Effective Death Penalty Act of 1996.-- (1) Possession and use.-- (A) In general.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) is amended-- (i) by striking subsection (f); (ii) by redesignating subsection (g) as subsection (i); and (iii) by inserting after subsection (e) the following subsection: ``(f) Possession and Use of Listed Biological Agents and Toxins.-- ``(1) In general.--The Secretary shall by regulation provide for the establishment and enforcement of standards and procedures governing the possession and use of biological agents and toxins listed pursuant to subsection (d)(1) in order to protect the public health and safety, including safeguards to prevent access to such agents and toxins for use in domestic or international terrorism or for any other criminal purpose. ``(2) Registration.--Regulations under paragraph (1) shall provide for registration requirements regarding the possession and use of biological agents and toxins listed pursuant to subsection (d)(1).''. (B) Regulations.-- (i) Date certain for promulgation; effective date regarding criminal and civil penalties.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 511(f) of the Antiterrorism and Effective Death Penalty Act of 1996, as added by subparagraph (A) of this paragraph. Such interim final rule takes effect 60 days after the date on which such rule is promulgated, including for purposes of-- (I) section 175(b)(2) of title 18, United States Code (relating to criminal penalties), as added by subsection (a)(1)(B) of this section; and (II) section 511(h) of the Antiterrorism and Effective Death Penalty Act of 1996 (relating to civil penalties), as added by paragraph (3) of this subsection. (ii) Submission of registration applications.--In the case of a person who, as of the date of the enactment of this Act, is in possession of a biological agent or toxin that is listed pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996, such person shall, in accordance with the interim final rule promulgated under clause (i), submit an application for a registration to possess such agent or toxin not later than 30 days after the date on which such rule is promulgated. (2) Disclosures of information.-- (A) In general.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996, as amended by paragraph (1) of this subsection, is amended by inserting after subsection (f) the following subsection: ``(g) Disclosure of Information.-- ``(1) In general.--Any information in the possession of any Federal agency that identifies a person, or the geographic location of a person, who is registered pursuant to regulations under this section (including regulations promulgated before the effective date of this subsection), and any site-specific information relating to the type, quantity, or identity of a biological agent or toxin listed pursuant to subsection (d)(1) or the site-specific security mechanisms in place to protect such agents and toxins, shall not be disclosed under section 552(a) of title 5, United States Code. ``(2) Disclosures for public health and safety; congress.-- Nothing in this section may be construed as preventing the head of any Federal agency-- ``(A) from making disclosures of information described in paragraph (1) for purposes of protecting the public health and safety; or ``(B) from making disclosures of such information to any committee or subcommittee of the Congress with appropriate jurisdiction, upon request.''. (B) Effective date.--The effective date for the amendment made by subparagraph (A) shall be the same as the effective date for the final rule issued pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132). (3) Civil penalties.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996, as amended by paragraphs (1) and (2) of this subsection, is amended by inserting after subsection (g) the following subsection: ``(h) Civil Penalty.--Any person who violates a regulation under subsection (e) or (f) shall be subject to the United States for a civil penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person.''. (4) Clarification of scope of select agent rule; terrorism; responsibilities of secretary of health and human services.-- (A) In general.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) is amended-- (i) in each of subsections (d) and (e)-- (I) by inserting ``and toxins'' after ``agents'' each place such term appears; and (II) by inserting ``or toxin'' after ``agent'' each place such term appears; and (ii) in subsection (i) (as redesignated by paragraph (1) of this subsection), in paragraph (1), by striking ``the term `biological agent' has'' and inserting ``the terms `biological agent' and `toxin' have''. (B) Effective date.--The effective date for the amendments made by subparagraph (A) shall be as if the amendments had been included in the enactment of section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132). (5) Conforming amendments.--Section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) is amended-- (A) in subsection (d)(1)(A), by striking ``shall, through regulations promulgated under subsection (f),'' and inserting ``shall by regulation''; (B) in subsection (e), in the matter preceding paragraph (1), by striking ``shall, through regulations promulgated under subsection (f),'' and inserting ``shall by regulation''; (C) in subsection (d)-- (i) in the heading for the subsection, by striking ``Agents'' and inserting ``Agents and Toxins''; and (ii) in the heading for paragraph (1), by striking ``agents'' and inserting ``agents and toxins''; and (D) in the heading for subsection (e), by striking ``Agents'' and inserting ``Agents and Toxins''. (c) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, after consultation with other appropriate Federal agencies, shall submit to the Congress a report that-- (1) describes the extent to which there has been compliance by governmental and private entities with applicable regulations under section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), including the extent of compliance before the date of the enactment of this Act, and including the extent of compliance with regulations promulgated after such date of enactment; (2) describes the future plans of the Secretary for determining compliance with regulations under such section 511 and for taking appropriate enforcement actions; and (3) provides any recommendations of the Secretary for administrative or legislative initiatives regarding such section 511. Passed the House of Representatives October 23, 2001. Attest: JEFF TRANDAHL, Clerk.

Bioterrorism Prevention Act of 2001 - Amends the Federal criminal code to set penalties for: (1) possessing, using, or exercising control over a "select agent" (i.e., a biological agent or toxin that is listed and not exempt under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)) in a manner constituting reckless disregard for the public health and safety, knowing the agent to be a biological agent or toxin; (2) causing bodily injury to another in the course of a violation; (3) possessing such agents without registration; and (4) transferring such agents to an unregistered person.Prohibits "restricted persons" (i.e., specified persons prohibited by the code from owning a handgun) from possessing, or taking specified actions with respect to, select agents. Allows the Secretary of Health and Human Services to designate categories or individuals who may be admitted to the United States on non-immigrant visas to permit them to work with such agents.Amends the AEDPA to direct the Secretary to: (1) provide by regulation for the establishment and enforcement of standards and procedures governing the possession and use of biological agents and toxins in order to protect the public health and safety, including safeguards to prevent access to such agents and toxins for use in domestic or international terrorism or for other criminal purposes; and (2) promulgate an interim final rule.Prohibits the disclosure under the Freedom of Information Act of agency information that identifies a person, or the geographic location of a person, who is registered pursuant to such regulations, and any site-specific information relating to the type, quantity, or identity of a listed biological agent or toxin or the site-specific security mechanisms in place to protect such agents and toxins, except for disclosures for purposes of protecting public health and safety, or to congressional committees or subcommittees with appropriate jurisdiction upon request.Establishes civil penalties of up to $250,000 in the case of an individual and $500,000 in the case of entities for violation of AEDPA regulations regarding transfers of listed biological agents.Directs the Secretary to report to Congress on compliance with the existing and expanded regulatory regime for control of select agents, and to provide recommendations for administrative or legislative initiatives.

To amend the Antiterrorism and Effective Death Penalty Act of 1996 with respect to the responsibilities of the Secretary of Health and Human Services regarding biological agents and toxins, and to amend title 18, United States Code, with respect to such agents and toxins.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Media Consumers' Rights Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) The limited introduction into commerce of ``copy- protected compact discs'' has caused consumer confusion and placed increased, unwarranted burdens on retailers, consumer electronics manufacturers, and personal computer manufacturers responding to consumer complaints, conditions which will worsen as larger numbers of such discs are introduced into commerce. (2) Recording companies introducing new forms of copy protection should have the freedom to innovate, but should also be responsible for providing adequate notice to consumers about restrictions on the playability and recordability of ``copy- protected compact discs''. (3) The Federal Trade Commission should be empowered and directed to ensure the adequate labeling of prerecorded digital music disc products. SEC. 3. INADEQUATELY LABELED COPY-PROTECTED COMPACT DISCS. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 24 the following new section: ``SEC. 24A. INADEQUATELY LABELED COPY-PROTECTED COMPACT DISCS. ``(a) Definitions.--In this section: ``(1) The term `Commission' means the Federal Trade Commission. ``(2) The term `audio compact disc' means a substrate packaged as a commercial prerecorded audio product, containing a sound recording or recordings, that conforms to all specifications and requirements for Red Book Audio and bears a duly licensed and authorized `Compact disc Digital Audio' logo. ``(3) The term `prerecorded digital music disc product' means a commercial audio product comprised of a substrate in the form of a disc in which is recorded a sound recording or sound recordings generally in accordance with Red Book Audio specifications but that does not conform to all licensed requirements for Red Book Audio: Provided, That a substrate containing a prerecorded sound recording that conforms to the licensing requirements applicable to a DVD-Audio disc or a Super Audio Compact Disc is not a prerecorded digital music disc product. ``(4) The term `Red Book Audio' means audio data digitized at 44,100 samples per second (44.1 kHz) with a range of 65,536 possible values as defined in the `Compact Disc-Digital Audio System Description' (first published in 1980 by Philips N.V. and Sony Corporation, as updated from time to time. ``(b) Prohibited Acts.-- ``(1) The introduction into commerce, sale, offering for sale, or advertising for sale of a prerecorded digital music disc product which is mislabeled or falsely or deceptively advertised or invoiced, within the meaning of this section or any rules or regulations prescribed by the Commission pursuant to subsection (d), is unlawful and shall be deemed an unfair method of competition and an unfair and deceptive act or practice in commerce under section 5(a)(1). ``(2) Prior to the time a prerecorded digital music disc product is sold and delivered to the ultimate consumer, it shall be unlawful to remove or mutilate, or cause or participate in the removal or mutilation of, any label required by this section or any rules or regulations prescribed by the Commission pursuant to subsection (d) to be affixed to such prerecorded digital music disc product. Any person violating this subsection shall be deemed to have engaged in an unfair method of competition and an unfair and deceptive act or practice in commerce under this Act. ``(c) Mislabeled Discs.--For purposes of this section, a prerecorded digital music disc product shall be considered to be mislabeled if it-- ``(1) bears any logo or marking which, in accordance with common practice, identifies it as an audio compact disc; ``(2) fails to bear a label on the packaging in which it is sold at retail in words that are prominent and plainly legible on the front of the packaging that-- ``(A) it is not an audio compact disc; ``(B) it might not play properly in all devices capable of playing an audio compact disc; and ``(C) it might not be recordable on a personal computer or other device capable of recording content from an audio compact disc; or ``(3) fails to provide the following information on the packaging in which it is sold at retail in words that are prominent and plainly legible-- ``(A) any minimum recommended software requirements for playback or recordability on a personal computer; ``(B) any restrictions on the number of times song files may be downloaded to the hard drive of a personal computer; and ``(C) the applicable return policy for consumers who find that the prerecorded digital music disc product does not play properly in a device capable of playing an audio compact disc. ``(d) Rulemaking.--(1) The Commission may develop such rules and regulations as it deems appropriate to prevent the prohibited acts set forth in subsection (b) and to require the proper labeling of prerecorded digital music disc products under subsection (c). ``(2)(A) The Commission may develop such additional rules and regulations as it deems necessary to establish appropriate labeling requirements applicable to new audio discs, using new playback formats (including DVD-Audio discs and Super Audio Compact Discs), if the Commission finds, with respect to a particular type of disc, that ``(i) the manner in which the discs are displayed at retail, packaged, or marketed results in substantial consumer confusion about the playability and recordability of such discs; ``(ii) the discs are not appropriately labeled with respect to their playability on standard audio compact disc playback devices; and ``(iii)(I) the discs are not recordable on a personal computer; or ``(II) if the discs are recordable, a recording made from such a disc is bound to a particular device. ``(B) To the maximum extent practicable, the Commission shall seek to ensure that any rules and regulations developed under this paragraph impose labeling requirements comparable to the requirements imposed under the rules and regulations developed under paragraph (1).''. SEC. 4. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Federal Trade Commission shall submit to Congress a report detailing the following: (1) The extent to which prerecorded digital music disc products (as defined in section 24A of the Federal Trade Commission Act, as added by section 3 of this Act) have entered the market over the preceding 2 years. (2) The extent to which the Commission has received complaints from consumers about the implementation of return policies for consumers who find that a prerecorded digital music disc product does not play properly in a device capable of playing an audio compact disc (as defined in section 24A of such Act). (3) The extent to which manufacturers and retailers have been burdened by consumer returns of devices unable to play prerecorded digital music disc products. (4) The number of enforcement actions taken by the Commission pursuant to section 24A of such Act. (5) The number of convictions or settlements achieved as a result of enforcement actions taken by the Commission pursuant to section 24A of such Act. (6) Any proposed changes to this Act, with respect to prerecorded digital music disc products, that the Commission believes would enhance enforcement, eliminate consumer confusion, or otherwise address concerns raised by consumers with the Commission. SEC. 5. FAIR USE AMENDMENTS. (a) Scientific Research.--Subsections (a)(2)(A) and (b)(1)(A) of section 1201 of title 17, United States Code, are each amended by inserting after ``title'' in subsection (a)(2)(A) and after ``thereof'' in subsection (b)(1)(A) the following: ``unless the person is acting solely in furtherance of scientific research into technological protection measures''. (b) Fair Use Restoration.--Section 1201(c) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting before the period at the end the following: ``and it is not a violation of this section to circumvent a technological measure in connection with access to, or the use of, a work if such circumvention does not result in an infringement of the copyright in the work''; and (2) by adding at the end the following new paragraph: ``(5) It shall not be a violation of this title to manufacture, distribute, or make noninfringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work.''.

Digital Media Consumers' Rights Act of 2003 - Amends the Federal Trade Commission Act to prohibit: (1) introduction into commerce of prerecorded digital music disc products that are mislabeled, or falsely, or deceptively advertised or invoiced; and (2) removal or mutilation of any label required by either this Act or any rules or regulations prescribed by the Federal Trade Commission before the time a prerecorded digital music disc product is sold and delivered to the ultimate consumer.States that such transactions constitute either an unfair method of competition, or an unfair and deceptive act or practice in commerce.Authorizes the Commission to develop rules and regulations governing such transactions.Amends Federal copyright law to exempt from its prohibitions against circumvention of copyright protection systems any persons acting solely in furtherance of scientific research into technological protection measures.Declares it is not a violation of copyright law, but fair use, to: (1) circumvent a technological measure in connection with access to, or the use of, a work if such circumvention does not result in an infringement of the copyright in the work; or (2) manufacture, distribute, or make noninfringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work.

To amend the Federal Trade Commission Act to provide that the advertising or sale of a mislabeled copy-protected music disc is an unfair method of competition and an unfair and deceptive act or practice, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Swine Producers Market Loss Assistance Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Market loss assistance. Sec. 5. Payment amounts and payment limitations. Sec. 6. Relationship to other payments. Sec. 7. Emergency requirement; use of Commodity Credit Corporation. Sec. 8. Mandatory livestock market reporting. Sec. 9. Regulations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The marketing relationships of swine producers with meat packers have undergone significant changes in recent years, and these changes have had an adverse effect on the prices swine producers receive for swine. (2) The concentration of the meat packing industry as it relates to swine slaughter and processing, and the increase in the number of live swine imported into the United States for slaughter and processing, have had an adverse effect on the availability of slaughter capacity in the United States and have adversely affected the price of swine in the United States. (3) A swine market price crisis occurred in the United States during the period beginning on October 1, 1998, through December 31, 1998, which can be summarized as resting on three salient facts: (A) A 10 percent increase in swine available for slaughter during the period. (B) An eight percent decrease over the prior year in packer slaughter capacity. (C) A 37 percent increase in Canadian swine imports into the United States during the period. (4) The fourth quarter of 1998 (adjusted for inflation) registered the lowest live swine prices in the United States spot market for the 20th century, averaging 37 percent lower than 1932. (5) Swine producers had approximately $2,600,000,000 in equity capital investment reduction in 1998 in the value of their production ownership. (6) According to Ron Plain, University of Missouri Extension Economist, swine producers' share of the consumer pork dollar was approximately $0.22 in 1998, and 1998 was the first year since records have been maintained that swine producers received less than 30 percent of the consumer dollar spent for pork and pork products. (7) Despite relatively little change in retail prices for pork and pork products, consumption of pork and pork products increased seven percent in 1998, and such products were the only meat protein that reflected a net per capita consumption increase in 1998 over 1997. (b) Purpose.--The purpose of this Act is to partially compensate swine producers who, due to circumstances beyond their control, incurred substantial losses in the marketing of their swine during the fourth quarter of 1998 as a result of-- (1) adverse economic factors in the swine market; and (2) the failure of the Federal Government to pursue foreign trade opportunities and to obtain cooperative limitations on imports that substantially and adversely affected an industry already under stressed market pricing conditions. SEC. 3. DEFINITIONS. In this Act: (1) The term ``swine'' means the porcine animal raised for feeder pigs or slaughter produced solely in the United States. (2) The term ``swine producer'' means a person in the United States who, during the crisis period, produced swine for feeder pigs or slaughter. (3) The term ``crisis period'' means during the period beginning on October 1, 1998, through December 31, 1998. (4) The term ``packer'' has the meaning given the term in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191). (5) The term ``feeder pig'' means young swine that were sold, during the crisis period, to another person for further feeding for a period of more than one month. (6) The term ``swine operation'' means any person or group of persons who, as a single unit, raised swine during the crisis period and whose production and facilities are located in the United States. (7) The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. MARKET LOSS ASSISTANCE. (a) Provision of Assistance.--As provided in section 7(b), the Secretary of Agriculture shall administer a program to provide financial assistance to swine producers to partially offset financial market losses they incurred on swine they sold during the crisis period. (b) Eligibility for Payments.--Except as provided in subsection (c), to be eligible for assistance under this Act, a swine producer must have maintained a swine operation during the crisis period and marketed swine for slaughter or the equivalent thereof for feeder pigs during the crisis period. (c) Certain Producers Ineligible.--The following swine producers are ineligible for assistance under this Act: (1) A swine producer that is a subsidiary of a publicly owned packer. (2) A swine producer that is wholly or substantially owned by companies or corporations affiliated with a publicly owned packer. (3) A swine producer that is otherwise directly or indirectly controlled by a publicly owned packer. (d) Application Process.--In administering this Act, the Secretary shall limit the assistance to eligible swine producers by an application procedure or otherwise, as provided in this Act, and as further delineated in regulations consistent with this Act. The swine producer shall submit such information to the Secretary in support of the application as the Secretary may require to enable the Secretary to make an eligibility determination for assistance under this Act. SEC. 5. PAYMENT AMOUNTS AND PAYMENT LIMITATIONS. (a) Fair and Equitable Distribution.--Assistance made available under this Act shall be distributed in a fair and equitable manner to swine producers, either those for slaughter or the equivalent thereof for feeder pigs and other swine, who have incurred losses in their operations in all geographic regions of the United States. (b) Amount of Payments.-- (1) Per swine.--The amount of assistance to be paid to a eligible swine producer shall not exceed $25.00 per slaughter- weight swine that was marketed by the producer during the crisis period, except that the payment for feeder pigs shall not exceed $9.00 per feeder pig marketed during the crisis period, as provided by regulations issued by the Secretary consistent with this Act. (2) Calculation.--Subject to subsection (c), payments made to swine operation producers under this Act shall be calculated in an amount determined by-- (A) multiplying the number of eligible swine marketed and slaughtered during the crisis period by $25.00; (B) adding to the amount in subparagraph (A) the sum of the number of eligible feeder pigs, if any, marketed during the crisis period multiplied by $9.00; and (C) deducting payments received in the program specified in section 6(b) by the producer. (c) Payment Limitations.--Payments may not exceed $50,000 per swine operation for a swine producer. SEC. 6. RELATIONSHIP TO OTHER PAYMENTS. (a) Assistance in Addition to Other Payments.--Assistance provided under this Act is in addition to-- (1) assistance made available under subtitles A, B, and C of title XI of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 7 U.S.C. 1421 note); (2) payments or loans obtained by a person under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.); (3) payments received by a person for the 1998 crop year under the noninsured crop assistance program established under section 196 of such Act (7 U.S.C. 7333); (4) crop insurance indemnities provided for 1998 crops under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (5) emergency loans made available for 1998 production under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (b) Payments Under Small Hog Operation Program.--Assistance and payments made to swine producers under the Small Hog Operation Program of the Department of Agriculture, as announced January 8, 1999, using funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be deducted from payments made to swine producers under this Act. SEC. 7. EMERGENCY REQUIREMENT; USE OF COMMODITY CREDIT CORPORATION. (a) Designation by Congress as an Emergency Requirement.-- Notwithstanding the last sentence of section 251(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, amounts made available by this Act are designated by Congress as an emergency requirement pursuant to section 251(e) of the Balanced Budget Deficit Control Act of 1985. (b) Commodity Credit Corporation.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the provisions of this Act (other than the amendments made by section 8). SEC. 8. MANDATORY LIVESTOCK MARKET REPORTING. (a) Reporting Required.--The Agricultural Marketing Act of 1946 is amended by inserting after section 203 (7 U.S.C. 1622) the following new section: ``SEC. 203A. MANDATORY LIVESTOCK MARKET REPORTING. ``(a) Definitions.--In this section: ``(1) Livestock.--The term `livestock' means cattle, sheep, and swine, whether live or dead. ``(2) Livestock product.--The term `livestock product' means any product or byproduct produced or processed in whole or in part from livestock, including boxed beef, boxed lamb, and any value-added product derived from pork. ``(3) Packer.--Subject to subsection (b)(1), the term `packer' means any person engaged in the business of-- ``(A) buying livestock in commerce for purposes of slaughter; ``(B) manufacturing or preparing livestock products for sale or shipment in commerce; or ``(C) marketing livestock products in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce. ``(4) Prices, volume, and terms of sale.--The term `prices, volume, and terms of sale' includes base price, premium and discount price factors, formula-based pricing systems, quality characteristics (including percent lean and carcass weight), and any current or future contract offered by a packer. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Mandatory Reporting Required.-- ``(1) Packers subject to requirement.--This subsection applies only to a packer that the Secretary estimates is engaged in the business of buying, manufacturing, preparing, or marketing more than five percent (by daily volume) of-- ``(A) all cattle, all sheep, or all swine that are bought, prepared, or marketed in the United States; ``(B) all livestock products that are bought, manufactured, prepared, or marketed in the United States; or ``(C) any combination of subparagraphs (A) and (B). ``(2) Required information.--The Secretary shall require each packer described in paragraph (1) to report to the Secretary, in such manner as the Secretary shall require, such information relating to prices, volume, and terms of sale for the procurement of domestic and imported livestock and livestock products as the Secretary determines is appropriate. ``(3) Administration.--In carrying out paragraph (2), the Secretary shall require packers described in paragraph (1)-- ``(A) to separately report domestic and imported livestock and livestock products; and ``(B) to report the information required under paragraph (2) by the next business day, as defined by the Secretary. ``(4) Noncompliance.--It shall be unlawful for any packer described in paragraph (1) to knowingly fail or refuse to provide to the Secretary information required under paragraph (2). ``(5) Verification.--The Secretary may take such actions as are necessary to verify the accuracy of the information required under paragraph (2), regardless of the source of the information. ``(6) Cease and desist and civil penalty.-- ``(A) In general.--If the Secretary has reason to believe that a packer described in paragraph (1) is violating this subsection (or a regulation issued under this subsection), the Secretary may issue an order to cease and desist from continuing the violation and assess a civil penalty of not more than $10,000 for each violation. The order shall be issued only after notice and an opportunity for hearing is provided to the packer. ``(B) Factors.--In determining the amount of a civil penalty to be assessed under subparagraph (A), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the packer to continue in business. ``(7) Referral to attorney general.--If, after expiration of the period for appeal or after the affirmance of a civil penalty assessed under paragraph (6), the packer against whom the civil penalty is assessed fails to pay the civil penalty, the Secretary may refer the matter to the Attorney General, who may recover the amount of the civil penalty in a civil action in United States district court. ``(c) Voluntary Reporting.--The Secretary shall encourage voluntary reporting by packers that are not subjected to a mandatory reporting requirement under subsection (b). ``(d) Availability of Information.-- ``(1) Timely availability.--The Secretary shall make information received under this section available to the public in a timely manner to permit the use of the information while it is still relevant. ``(2) Limitations.--The disclosure of information under paragraph (1) may be made only in a form that ensures the following: ``(A) The identity of the parties involved in any transaction described in a report is not disclosed. ``(B) The identity of the packer submitting a report is not disclosed. ``(C) The confidentiality of proprietary business information is otherwise protected. ``(e) Effect on Other Laws.--Nothing in this section restricts or modifies the authority of the Secretary to collect voluntary reports in accordance with other provisions of law. ``(f) Termination of Mandatory Requirement.--The reporting requirement established by subsection (b) shall expire at the end of the three-year period beginning on the date of the enactment of this section.''. (b) Repeal of pilot price reporting investigation.--Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C. 229a), as added by section 1127(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277), is repealed. SEC. 9. REGULATIONS. (a) Issuance of Regulations.--As soon as practicable after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall issue such regulations as are necessary and appropriate to its implementation. The Secretary's regulations shall address, among other matters, any misrepresentations, schemes, or devices used by applicants in submitting claims for benefits, appeals applicable with respect to those applicants dissatisfied with determination of benefits, and provisions relating to entitlement to benefits by estates, trusts, and minors. The issuance of the regulations shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (b) Congressional Review of Agency Rulemaking.--In carrying out this Act, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.

Amends the Agricultural Marketing Act of 1946 to establish a temporary mandatory livestock reporting program for certain packers regarding livestock and livestock product prices, volume, and terms of sale. Amends the Packers and Stockyards Act, 1921, as added by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in P.L. 105-277) to repeal provisions for the pilot price reporting investigation (concerning the reporting of certain meat and livestock price information.)

Swine Producers Market Loss Assistance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Pharmacy Transparency and Fair Auditing Act''. SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER MEDICARE FOR FAIR AUDITS AND PAYMENTS TO PHARMACIES. Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w- 112(b)) is amended by adding at the end the following new paragraphs: ``(7) Pharmacy benefits manager transparency and proper operations requirements.--Each contract entered into with a PDP sponsor for the offering of a prescription drug plan under this part for a plan year beginning after 2013 shall provide that the PDP sponsor may not enter into a contract with any pharmacy benefits manager to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the pharmacy benefits manager satisfies the following requirements: ``(A) PBM audit requirements.--The following shall apply to each audit of a pharmacy conducted by or for the pharmacy benefits manager with respect to such prescription drug plan: ``(i) The period covered by the audit may not exceed 2 years from the date the claim involved was submitted to or adjusted by the pharmacy benefits manager. ``(ii) In the case the audit involves clinical or professional judgment, the audit shall be conducted by, or in consultation with, a pharmacist licensed in the State of the audit or the State board of pharmacy. ``(iii) The pharmacy benefits manager may not apply recordkeeping requirements on the pharmacy that are more stringent than such requirements applied under Federal law or the State law involved. ``(iv) The pharmacy benefits manager, or the entity conducting the audit for the pharmacy benefits manager, shall have in place a written appeals process that shall include procedures for appeals for preliminary reports and final reports related to such audit. ``(v) The pharmacy, practice site, or other entity may use the records of a hospital, physician, or other authorized practitioner to validate the pharmacy records and any legal prescription (one that complies with State Board of Pharmacy requirements) may be used to validate claims submitted by the pharmacy in connection with prescriptions, refills, or changes in prescriptions. ``(vi) The pharmacy benefits manager may not, pursuant to the audit, disallow or reduce payment with respect to a claim submitted by the pharmacy because of a clerical or recordkeeping error (such as a typographical error, scrivener's error, or computer error) if there is an absence of intent to commit fraud. ``(vii) The pharmacy benefits manager or other entity conducting the audit may not use extrapolation or other statistical expansion techniques in calculating any recoupment or penalty pursuant to the audit. ``(viii) The pharmacy benefits manager shall disclose the amount of each payment recovered pursuant to the audit to the PDP sponsor with a copy to the pharmacy. ``(ix) Any payment recovered by the pharmacy benefit manager pursuant to the audit shall be returned to the PDP sponsor. ``(B) Disclosure requirements.--In the case of a pharmacy benefits manager that uses a maximum allowable cost list with respect to determining reimbursements to pharmacies for multiple source drugs (as defined in section 1927(k)), with respect to any contract between the pharmacy benefits manager and a pharmacy, with respect to the prescription drug plan offered by the PDP sponsor, the pharmacy benefits manager shall-- ``(i) include in such contract the methodology and resources utilized for such maximum allowable cost list; ``(ii) update pricing information on such list at least weekly, starting on January 1 of each calendar year; and ``(iii) establish a process to provide prompt notification of such pricing information updates to the pharmacy.''.

Medicare Pharmacy Transparency and Fair Auditing Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor for the offering of a prescription drug plan to prohibit the PDP sponsor from contracting with any pharmacy benefits manager (PBM) to manage the prescription drug coverage under such plan, or to control the costs of such coverage, unless the manager satisfies specified PBM audit and disclosure requirements.

To amend title XVIII of the Social Security Act to provide for pharmacy benefits manager standards under the Medicare prescription drug program to further fair audits of and payments to pharmacies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Safe Shelter for Homeless Veterans Act of 2013''. SEC. 2. CONDITIONS ON AWARD OF PER DIEM PAYMENTS BY SECRETARY OF VETERANS AFFAIRS FOR PROVISION OF HOUSING OR SERVICES TO HOMELESS VETERANS. (a) Condition.-- (1) In general.--Section 2012(c)(1) of title 38, United States Code, is amended by striking ``unless the facilities'' and all that follows through ``may specify.'' and inserting the following: ``unless the Secretary certifies the following: ``(A) That the building where the entity provides housing or services for which the entity would receive such payment is in compliance with the codes relevant to the operations and level of care provided, including applicable provisions of the most recently published version of the Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify. ``(B) That such building and such housing or services are in compliance with licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the building is located regarding the condition of the building and the provision of such housing or services.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 of title 38, United States Code, submitted on or after the date of the enactment of this Act. (b) Annual Inspections Required.--Section 2012 of such title is amended by striking subsection (b) and inserting the following new subsection (b): ``(b)(1) Not less frequently than once each fiscal year, the Secretary shall inspect each facility of each grant recipient or entity eligible for payments under subsection (a) at which the recipients and entities provide services under section 2011 of this title or this section. ``(2) Except as provided in paragraph (1), inspections made under such paragraph shall be made at such times as the Secretary considers necessary. ``(3) An inspection of a facility of a recipient or entity described in paragraph (1) made under such paragraph may be made with or without prior notice to the recipient or entity, as the Secretary considers appropriate. ``(4) No per diem payment may be provided to a grant recipient or eligible entity under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe.''. (c) Revocation of Certification Authorized.--Subsection (c) of such section is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) in paragraph (1), as amended by subsection (a)(1), by striking ``in paragraph (2)'' and inserting ``in paragraph (4)''; and (3) by inserting after paragraph (1) the following new paragraph (2): ``(2) The Secretary may revoke any certification made under paragraph (1) if the Secretary determines that such certification is no longer accurate.''. (d) Congressional Notification of Termination of Per Diem Required.--Such subsection is further amended by inserting after paragraph (2) the following new paragraph (3): ``(3) Not later than 30 days after the date on which the Secretary terminates provision of per diem payment under this section because the Secretary has revoked a certification under paragraph (2), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such termination.''. (e) Annual Report.--Section 2065(b) of such title is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph (6): ``(6) The Secretary's evaluation of the safety and accessibility of facilities used to provide services under programs established by grant recipients or eligible entities under section 2011 and 2012 of this title, including the number of such grant recipients or eligible entities who have been certified by the Secretary under section 2012(c)(1) of this title.''. (f) Treatment of Current Recipients of Per Diem Payments.-- (1) Assessment.--In the case of the recipient of a per diem payment under section 2012 of title 38, United States Code, that receives such a payment during the year in which this Act is enacted for the provision of housing or services, the Secretary of Veterans Affairs shall assess whether the building where such housing or services are provided is and whether the housing and services are in compliance as required by section 2012(c)(1) of such title, as amended by subsection (a)(1). (2) Failure to comply.--In the case described in paragraph (1), if the Secretary does not certify the compliance of the building and the housing or services under such section before the date that is two years after the date of the enactment of this Act, the Secretary may not make any additional per diem payments to the recipient for the provision of such housing or services under section 2012 of such title until the Secretary certifies that such building is and such housing or services are in compliance. (g) Conforming Condition on Award of Grants by Secretary of Veterans Affairs for Comprehensive Service Programs.--Section 2011(b)(5)(A) of title 38, United States Code, is amended by inserting ``, including housing and building codes,''.

Ensuring Safe Shelter for Homeless Veterans Act of 2013 - Prohibits a per diem payment from being made to providers of services for homeless veterans unless the Secretary of Veterans Affairs (VA) certifies that: (1) the building where the entity provides housing or services is in compliance with codes relevant to the operations and level of care provided; and (2) such building and the housing or services provided are in compliance with licensing, fire and safety, and other requirements of the relevant jurisdiction regarding the condition of the building and the provision of such housing or services. Authorizes the Secretary to revoke any certification upon determining that it is no longer accurate. Requires the Secretary to: (1) inspect such facilities at least annually, and (2) notify Congress of any such revocation and termination of per diem payments. Requires the Secretary's annual report on assistance to homeless veterans to include an evaluation of the safety and accessibility of such providers' facilities. Directs the Secretary to assess the compliance of the building and housing and services provided by current per diem payment recipients. Prohibits additional payments to a recipient that is not, within two years after enactment of this Act, certified to be in compliance until the Secretary certifies that the building and housing and services provided are in compliance.

Ensuring Safe Shelter for Homeless Veterans Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Performance and Results Act Technical Amendments of 1998''. SEC. 2. AMENDMENTS RELATING TO STRATEGIC PLANS. (a) Content of Strategic Plans.--Section 306(a) of title 5, United States Code, is amended-- (1) in paragraph (1), by inserting before the semicolon ``, that is explicitly linked to the statutory or other legal authorities of the agency''; (2) in paragraph (2), by inserting before the semicolon ``, that are explicitly linked to the statutory or other legal authorities of the agency''; and (3) by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting a semicolon, and by adding at the end the following new paragraphs: ``(7) a specific identification of any agency functions and programs that are similar to those of more than one component of the agency or those of other agencies, and an explanation of coordination and other efforts the agency has undertaken within the agency or with other agencies to ensure that such similar functions and programs are subject to complementary goals, strategies, and performance measures; ``(8) a description of any major management problems (including but not limited to programs and activities at high risk for waste, abuse, or mismanagement) affecting the agency that have been documented by the inspector general of the agency (or a comparable official, if the agency has no inspector general), the General Accounting Office, and others, and specific goals, strategies, and performance measures to resolve those problems; and ``(9) an assessment by the head of the agency of the adequacy and reliability of the data sources and information and accounting systems of the agency to support its strategic plans under this section and performance plans and reports under sections 1115 and 1116 (respectively) of title 31, and, to the extent that material data or system inadequacies exist, an explanation by the head of the agency of how the agency will resolve them.''. (b) Resubmission of Agency Strategic Plans.--Section 306 of title 5, United States Code, is amended-- (1) in subsection (b), by striking ``submitted,'' and all that follows through the end of the subsection and inserting the following: ``submitted. The strategic plan shall be updated, revised, and resubmitted to the Director of the Office of Management and Budget and the Congress by not later than September 30 of 1998 and of every third year thereafter.''; and (2) in subsection (d), by inserting ``and updating'' after ``developing'', and by adding at the end thereof: ``The agency head shall provide promptly to any committee or subcommittee of the Congress any draft versions of a plan or other information pertinent to a plan that the committee or subcommittee requests.''. (c) Format for Strategic Plans.--Section 306 of title 5, United States Code, is amended by redesignating subsection (f) as subsection (g), and by inserting after subsection (e) the following new subsection: ``(f)(1) The strategic plan shall be a single document that covers the agency as a whole and addresses each of the elements required by this section on an agencywide basis. The head of an agency shall format the strategic plans of the agency in a manner that clearly demonstrates the linkages among the elements of the plan. ``(2)(A) The head of each executive department shall submit with the departmentwide strategic plan a separate component strategic plan for each of the major mission-related components of the department. Such a component strategic plan shall address each of the elements required by this section. ``(B) The head of an agency that is not an executive department shall submit separate component plans in accordance with subparagraph (A) to the extent that doing so would, in the judgment of the head of the agency, materially enhance the usefulness of the strategic plan of the agency.''. (d) Limited Applicability to Federal Reserve Board and Banks.--(1) Section 306(g) of title 5, United States Code (as redesignated by subsection (c)), is amended by inserting ``(including the Board of Governors of the Federal Reserve System and the Federal Reserve banks, but only with respect to operations and functions that are not directly related to the establishment and conduct of the monetary policy of the United States)'' after ``105''. (2) Such section is further amended by adding at the end the following new subsection: ``(h) Notwithstanding subsections (a) and (b), the Board of Governors of the Federal Reserve System and the Federal Reserve banks shall not be required to submit a strategic plan under this section to the Director of the Office of Management and Budget.''. SEC. 3. AMENDMENTS RELATING TO PERFORMANCE PLANS AND PERFORMANCE REPORTS. (a) Governmentwide Program Performance Reports.--Section 1116 of title 31, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f)(1) No later than March 31, 2000, and no later than March 31 of each year thereafter, the Director of the Office of Management and Budget shall prepare and submit to the Congress an integrated Federal Government performance report for the previous fiscal year. ``(2) In addition to such other content as the Director determines to be appropriate, each report shall include actual results and accomplishments under the Federal Government performance plan required by section 1105(a)(29) of this title for the fiscal year covered by the report.''. (b) Inspector General Review of Agency Performance Plans and Performance Reports.-- (1) In general.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1120. Inspector general review of agency performance plans and performance reports ``(a) The inspector general of each agency (or a comparable official designated by the head of the agency, if the agency has no inspector general) shall develop and implement a plan to review the implementation by the agency of the requirements of sections 1115 and 1116 of this title and section 306 of title 5. The plan shall include examination of the following: ``(1) Agency efforts to develop and use performance measures for determining progress toward achieving agency performance goals and program outcomes described in performance plans prepared under section 1115 of this title and performance reports submitted pursuant to section 1116 of this title. ``(2) Verification and validation of selected data sources and information collection and accounting systems that support agency performance plans and performance reports and agency strategic plans pursuant to section 306 of title 5. ``(b)(1) In developing the review plan and selecting specific performance indicators, supporting data sources, and information collection and accounting systems to be examined under subsection (a), each inspector general (or designated comparable official, as applicable) shall consult with appropriate congressional committees and the head of the agency, including in determining the scope and course of review pursuant to paragraph (2). ``(2) In determining the scope and course of review, consistent with available resources, each inspector general (or designated comparable official, as applicable) shall emphasize those performance measures associated with programs or activities for which-- ``(A) there is reason to believe there exists a high risk of waste, fraud, or mismanagement; and ``(B) based on the assessment of the inspector general, review of the controls applied in developing the performance data is needed to ensure the accuracy of those data. ``(c) Each agency inspector general (or designated comparable official, as applicable) shall submit the review plan to the agency head at least annually, beginning no later than October 31, 1998. In the case of reviews by an agency inspector general, such submission shall be made as part of the semiannual reports required under section 5 of the Inspector General Act of 1978. Not later than 30 days after the date of the submission of the review plan to the agency head under this subsection, the agency head shall submit the review plan to Congress. ``(d) Each agency inspector general (or designated comparable official, as applicable) shall conduct reviews under the plan submitted under subsection (c), and submit findings, results, and recommendations based on those reviews to the head of the agency, by not later than April 30 and October 31 of each year. In the case of reviews by an agency inspector general, such submission shall be made as part of the semiannual reports required under section 5 of the Inspector General Act of 1978. Not later than 30 days after the date of the submission of the findings, results, and recommendations to the head of the agency under this subsection, the agency head shall submit the findings, results, and recommendations to Congress.''. (2) Conforming amendment.--Section 1115(f) of title 31, United States Code, is amended in the matter preceding paragraph (1) by striking ``1119'' and inserting ``1120''. (3) Clerical amendment.--The table of sections at the beginning of chapter 11 of title 31, United States Code, is amended by adding at the end the following new item: ``1120. Inspector general review of agency performance plans and performance reports.''. (c) Requirement To Use Full Costs as Performance Indicator.-- Section 1115(a)(4) of title 31, United States Code, is amended by inserting before the semicolon at the end the following: ``, which shall include determination of the full costs (as that term is used in the most recent Managerial Cost Accounting Standards of the Federal Financial Accounting Standards) of each program activity''. (d) Limited Applicability to Federal Reserve Board and Banks.--(1) Section 1115 of title 31, United States Code, is amended by adding at the end the following: ``(g) The Board of Governors of the Federal Reserve System and the Federal Reserve banks-- ``(1) shall not be required to submit a performance plan to the Director of the Office of Management and the Budget under this section; and ``(2) shall submit to Congress, not later than March 1 of each year, a performance plan containing the information described in subsection (a), but only with respect to operations and functions that are not directly related to the establishment and conduct of the monetary policy of the United States.''. (2) Section 1116 of such title is amended by adding at the end the following new subsection: ``(h) Notwithstanding subsection (a), the Federal Reserve Board and the Federal Reserve banks shall not be required to submit a report on program performance to the President under this section.''. SEC. 4. LIMITATION ON AUTHORITY TO EXEMPT THE COUNCIL ON ENVIRONMENTAL QUALITY. Section 1117 of title 31, United States Code, is amended by inserting before the period the following: ``, except that the Director may not exempt the Council on Environmental Quality''. SEC. 5. SUBMISSION OF AGENCY FINANCIAL STATEMENTS. Section 3515(a) of title 31, United States Code, is amended-- (1) by striking ``1997'' and inserting ``1999''; and (2) by inserting ``the Congress and'' after ``and submit to''. Passed the House of Representatives March 12, 1998. Attest: Robin H. Carle, Clerk.

Government Performance and Results Act Technical Amendments of 1998 - Amends provisions of Federal law enacted by the Government Performance and Results Act of 1993 to require the annual strategic plans of agencies to: (1) be explicitly linked to their statutory or other legal authorities; (2) identify agency functions that are similar to those of either more than one component of the agency or to those of other agencies and explain coordination efforts; (3) describe certain major management problems and measures to resolve such problems; (4) assess the reliability of the agency's data sources; (5) set forth requirements concerning the format of the plan; and (6) apply plan requirements to the Board of Governors of the Federal Reserve System and the Federal Reserve banks, but only with respect to operations and functions that are not directly related to the establishment and conduct of U.S. monetary policy. Prohibits the Federal Reserve Board and banks from being required to submit strategic plans to the Director of the Office of Management and Budget. Requires the Director to prepare and submit to the Congress an annual integrated Federal Government performance report which shall include actual results and accomplishments from the previous fiscal year. Sets forth provisions for inspector general review of annual performance plans and annual program performance reports of agencies. Requires the full costs of each program activity to be used as performance indicators with respect to such performance plans. Prohibits the Federal Reserve Board and banks from being required to submit annual performance plans to the Director. Requires the Board and banks to submit to the Congress such performance plans containing the information required, but only with respect to operations and functions that are not directly related to the establishment and conduct of U.S. monetary policy. Prohibits the Board and banks from being required to submit program performance reports to the President. Prohibits the Director from exempting the Council on Environmental Quality from agency requirements of the Act relating to performance plans, program performance reports, and strategic plans. Amends provisions of Federal law enacted by the Chief Financial Officers Act of 1990 to: (1) extend the deadline for agencies to submit the first of annual audited financial statements; and (2) require that such statements be submitted to the Congress (in addition to the Director).

Government Performance and Results Act Technical Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Contract Equity Act of 2001''. SEC. 2. PROCEDURES FOR BUNDLING CONTRACTS. (a) Procedures for Bundling of Contracts.--Notwithstanding any other law, the following procedures shall apply to a solicitation that is issued by an executive department or agency for the procurement of goods or services and that the Administrator of the Small Business Administration determines would result in the displacement of any small-business concern: (1) Submission of draft solicitation.--The head of the department or agency shall forward, at least 20 days prior to the publication of any solicitation for goods or services in Commerce Business Daily (or its electronic successor), a draft of such solicitation to the Administrator of the Small Business Administration, for determination by the Administrator whether the draft solicitation would result in a bundled contract. (2) Determination.--Not later than 10 days after the date of receipt of the draft solicitation, the Administrator shall make the determination described in paragraph (1) and submit such determination to the head of the department or agency. If the Administrator concludes that the draft solicitation would result in a bundled contract, the head of the department or agency may not publish the solicitation until the department or agency head undertakes market research for the proposed solicitation as described in section 15(e) of the Small Business Act (15 U.S.C. 644(e)) and the regulations promulgated thereunder on December 27, 1999. (3) Study.--Not later than 45 days after the date that the Administrator has made the determination under paragraph (2), the head of the department or agency shall submit to the Administrator a study to support the proposed bundled contract which demonstrates measurable savings as set forth in the regulations implementing the Small Business Reauthorization Act of 1997 (Public Law 105-135; 111 Stat. 2592) (including the amendments made by that Act), and that the quality of the goods or services to be procured under the draft solicitation are equal in quality to the goods or services currently obtained by the head of the department or agency. (4) Review of study.--Not later than 10 days after the submission of the study, the Administrator shall determine whether the study meets the standards set forth in the Small Business Reauthorization Act of 1997 (including the amendments made by that Act) and the regulations promulgated thereunder on December 27, 1999. The Administrator shall specify in writing any deficiencies in the study and proposed changes to the draft solicitation (including, but not limited to, the reduction in size or scope of the draft solicitation) so as to comply with the requirements in such Act and regulations. If the head of the agency does not concur in a determination of the Administrator under this paragraph, the head of the agency may appeal the determination to the Director of the Office of Management and Budget, who shall either grant or deny the appeal within 5 days. Any determination by the Director shall be final. The Director may delegate his duties set forth in this paragraph to a subordinate official within the Office of Management and Budget appointed by the President with the advice and consent of the Senate. (5) Publication of solicitation.--If the Administrator determines that the study meets the standards set forth in the Small Business Reauthorization Act of 1997 and the regulations promulgated thereunder, and that the goals described in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) for the fiscal year prior to the fiscal year in which the draft solicitation was forwarded to the Administrator under paragraph (1) have been met, the head of the department or agency may publish the solicitation in Commerce Business Daily (or its electronic successor). (6) Revision of solicitation.--If the Administrator determines that the study does not meet such standards, the head of the department or agency shall revise the solicitation and perform a new study pursuant to the procedures set forth in paragraphs (1) through (3). (b) Waiver.-- (1) In general.--The requirements of subsection (a) may be waived by the Administrator if the Administrator determines that an unusual or unexpected exigency justifies a waiver. (2) Appeal.--The head of an agency may appeal any waiver request to the Director of the Office of Management and Budget, who shall either grant or deny the appeal within 5 days. Any determination by the Director shall be final. The Director may delegate the duties set forth in this paragraph to a subordinate official within the Office of Management and Budget appointed by the President with the advice and consent of the Senate. (c) Definitions.--In this section, the term-- (1) ``bundled contract'' means any contract, irrespective of benefit or dollar value, that displaces two or more small- business concerns; and (2) ``small-business concern'' has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (d) Regulations.--The Administrator shall promulgate regulations to implement this section according to the following procedures: (1) Not later than 30 days after the date of enactment of this Act, the Administrator shall publish, for notice and comment, proposed rules to implement this section. (2) The Administrator shall receive comments on the proposed rules for 45 days. At the close of the comment period, the Administrator shall consult with the department or agency head on the promulgation of final rules. (3) If no final rule has been published within 120 days after the effective date of this Act, the regulations published in proposed form pursuant to paragraph (1) shall become final. SEC. 3. DEFINITIONS RELATED TO BUNDLING OF CONTRACT REQUIREMENTS. Section 3(o) of the Small Business Act (15 U.S.C. 632(o)) is amended-- (1) in paragraph (1), by inserting ``, regardless of the terminology that the contracting agency uses to refer to such a contract and regardless of whether such agency has conducted a study of the effects of the solicitation for the contract on civilian or military personnel of the United States'' before the period at the end; and (2) in paragraph (2)-- (A) by striking ``The term'' and inserting ``Regardless of the terminology that the contracting agency uses to refer to such a consolidation, the term''; and (B) by inserting ``or multiple contracts, or the creation of any new procurement requirement that permits such consolidation,'' after ``solicitation of offers for a single contract''. SEC. 4. PROHIBITION ON BUNDLING OF CONTRACT REQUIREMENTS BY AGENCIES THAT FAIL TO MEET CERTAIN SMALL BUSINESS PROCUREMENT PARTICIPATION GOALS. (a) Prohibition on Bundling of Contract Requirements.-- (1) In General.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is amended by adding at the end the following: ``(5) Restriction on bundling of contract requirements.-- ``(A) In general.--If a report submitted under subsection (h)(2) includes a finding that an agency failed, in any fiscal year covered by the report, to attain any goal described in subparagraph (B), the agency may not award a contract that is determined by the Administrator to be a bundled contract under section 2 or solicit offers for a bundled contract for the duration of the fiscal year beginning on the first October 1 after the submission of the report. ``(B) Goals to be met.--For the purposes of subparagraph (A), an agency shall be required to meet the each goal described in subsection (g)(2) that relates to any of the following: ``(i) small business concerns generally; ``(ii) small business concerns owned and controlled by socially and economically disadvantaged individuals; and ``(iii) small business concerns owned and controlled by women.''. (2) Applicability.--The amendment made by paragraph (1) shall apply only to-- (A) solicitations of offers to contract issued on or after October 1, 2001; and (B) contracts awarded pursuant to such solicitations. (b) Deadlines Relating to Determination of Goal Attainment.-- Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended-- (1) in paragraph (2) in the first sentence, by inserting ``by not later than December 31 of each year'' before the period at the end; and (2) by adding at the end the following: ``(4) By not later than September 15 of each year, the Administrator of General Services shall transmit to the Administration a preliminary report, for the period beginning on October 1 and ending on August 31 of the previous year, containing data and information, obtained from the Federal Procurement Data System, demonstrating the extent to which each agency met each goal set forth in subsection (g)(2). Not later than October 15 of each year, the Administrator of General Services shall transmit to the Administration a final report containing such data for the previous year.''.

Small Business Contract Equity Act of 2001 - Sets forth procedures for the bundling of procurement contracts that the Administrator of the Small Business Administration determines would result in the displacement of small business concerns. Permits waivers for unusual or unexpected exigencies.Amends the Small Business Act to prohibit agencies that fail to attain small business procurement participation goals from awarding or soliciting offers for bundled contracts. Requires such agencies to meet such goals relating to small businesses generally, those owned and controlled by socially and economically disadvantaged individuals, and those owned and controlled by women.

To require Federal agencies to follow certain procedures with respect to the bundling of procurement contract requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare-Guaranteed Prescription Drug Act of 2006''. SEC. 2. ESTABLISHMENT OF MEDICARE-GUARANTEED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act (42 U.S.C. 1395w-111 et seq.) is amended by inserting after section 1860D- 11 the following new section: ``medicare-guaranteed prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2007), the Secretary shall-- ``(1) in addition to any plans offered under section 1860D- 11, offer a Medicare-Guaranteed Prescription Drug Plan (as defined in subsection (c)) with a service area that consists of the entire United States; and ``(2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs under such Plan for eligible part D individuals in accordance with subsection (b). ``(b) Negotiations.--Notwithstanding section 1860D-11(i), for purposes of offering the Medicare-Guaranteed Prescription Drug Plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(c) Medicare-Guaranteed Prescription Drug Plan Defined.--For purposes of this part, the term `Medicare-Guaranteed Prescription Drug Plan' means a prescription drug plan that offers standard prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A). ``(d) Monthly Beneficiary Premium.--The monthly beneficiary premium to be charged under a Medicare-Guaranteed Prescription Drug Plan shall be uniform nationally and shall be equal to the base beneficiary premium (computed under section 1860D-13(a)(2)) applicable for the year.''. (b) Sunset of Unnecessary Plan Requirement and Fallback Plan Provisions.-- (1) Plan requirement.--Section 1860D-3 of the Social Security Act (42 U.S.C. 1395w-103) is amended by adding at the end the following new subsection: ``(c) Provisions Only Applicable in 2006.--The provisions of this section shall only apply with respect to 2006.''. (2) Fallback.--Section 1860D-11(g) of such Act (42 U.S.C. 1395w-111(g)) is amended by adding at the end the following new paragraph: ``(8) No authority for fallback plans after 2006.--A fallback prescription drug plan shall not be available after December 31, 2006.''. (c) Conforming Amendments.-- (1) Application of limited risk plans.--Section 1860D-11(f) of the Social Security Act (42 U.S.C. 1395w-111(f)) is amended by adding at the end the following new paragraph: ``(5) No authority for limited risk plans after 2006.--A limited risk plan shall not be available after December 31, 2006.''. (2) Annual report.--Section 1860D-11(h) of such Act (42 U.S.C. 1395w-111(h)) is amended-- (A) in the heading, by striking ``Annual''; (B) in the first sentence-- (i) by striking ``an annual'' and inserting ``a''; and (ii) by inserting ``during 2006'' before the period at the end; and (C) by striking the second sentence. (3) Collection of monthly beneficiary premiums.--Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w-113(c)(3)) is amended-- (A) in the heading, by inserting ``and medicare- guaranteed prescription drug plans'' after ``Fallback plans''; and (B) by inserting ``or a Medicare-Guaranteed Prescription Drug Plan'' after ``a fallback prescription drug plan''. (4) Payments from medicare prescription drug account.-- Section 1860D-16(b)(1) of such Act (42 U.S.C. 1395w-116(b)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) payments for expenses incurred with respect to the operation of Medicare-Guaranteed Prescription Drug Plans under section 1860D-11A.''. (5) Definitions.--Section 1860D-41(a) of such Act (42 U.S.C. 141(a)) is amended by adding at the end the following new paragraph: ``(19) Medicare-guaranteed prescription drug plan.--The term `Medicare-Guaranteed Prescription Drug Plan' has the meaning given such term in section 1860D-11A(c).''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 3. IMPROVEMENT OF PART D STANDARD PRESCRIPTION DRUG COVERAGE. (a) Deductible Same as Part B.-- (1) In general.--Section 1860D-2(b)(1) of the Social Security Act (42 U.S.C. 1395w-102(b)(1)) is amended to read as follows: ``(1) Deductible.--The coverage has an annual deductible that is equal to amount of the deductible applicable for the year under the first sentence of section 1833(b).''. (2) Conforming amendment.--Section 1860D-22(a)(3)(B)(ii) of such Act (42 U.S.C. 1395w-132(a)(3)(B)(ii)) is amended by striking ``as the annual deductible'' and all that follows through the period and inserting ``the annual out-of-pocket threshold is annually adjusted under section 1860D-2(b)(4)(B), except that in the case of the cost threshold, if such amount is not a multiple of $5, it shall be rounded to the nearest $5.'' (b) Reduced Coinsurance.-- (1) In general.--Section 1860D-2(b)(2) of the Social Security Act (42 U.S.C. 1395w-102(b)(2))-- (A) in the heading, by striking ``25 percent'' and inserting ``20 percent''; and (B) in clauses (i) and (ii), by striking ``25 percent'' and inserting ``20 percent''. (2) Low-income subsidy.--Section 1860D-14(a)(2)(D) of such Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended-- (A) by striking ``15 percent'' and inserting ``10 percent''; and (B) by striking ``25 percent'' and inserting ``20 percent''. (c) Elimination of Coverage Gap.-- (1) In general.-- (A) In general.--Paragraph (3) of section 1860D- 2(b) of the Social Security Act (42 U.S.C. 1395w- 102(b)) is repealed. (B) Revision of benefit structure.--Section 1860D- 2(b)(2)(A) of such Act (42 U.S.C. 1395w-102(b)(2)(A)) is amended by striking ``and up to the initial coverage limit under paragraph (3)'' and inserting ``and up to the point at which the annual out-of-pocket threshold is reached under paragraph (4)'' in the matter preceding clause (i). (2) Conforming amendments.-- (A) Supplemental prescription drug coverage.-- Section 1860D-2(a)(2)(A)(i)(I) of such Act (42 U.S.C. 1395w-102(a)(2)(A)(i)(I)) is amended-- (i) by striking ``deductible,'' and inserting ``deductible or''; (ii) by striking ``, or an increase in the initial coverage limit''; and (iii) by striking ``or increase''. (B) Catastrophic.--Section 1860D-2(b)(4)(C)(i) of such Act (42 U.S.C. 1395w-102(b)(4)(C)(i)) is amended-- (i) by striking ``paragraph (1),'' and inserting ``paragraph (1) or''; and (ii) by striking ``and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3),''. (C) Alternative prescription drug coverage.-- Section 1860D-2(c)(1)(C) of such Act (42 U.S.C. 1395w- 102(c)(1)(C)) is amended-- (i) in the heading by striking ``initial coverage limit'' and inserting ``out-of-pocket threshold''; and (ii) by striking ``the initial coverage limit under subsection (b)(3)'' each place it appears and inserting ``the out-of-pocket threshold under subsection (b)(4)''. (D) Access to negotiated prices.--Section 1860D- 2(d)(1)(A) of such Act (42 U.S.C. 1395w-102(d)(1)(A)) is amended by striking ``or an initial coverage limit (described in subsection (b)(3))''. (E) Claims information.--Section 1860D- 4(a)(4)(B)(i) of such Act (42 U.S.C. 1395w- 104(a)(4)(B)(i)) is amended by striking ``relation to-- '' and all that follows through ``the annual'' and inserting ``relation to the annual''. (F) Low-income subsidies.--Section 1860D-14(a) of such Act (42 U.S.C. 1395w-114(a)) is amended by striking subparagraph (C) of paragraphs (1) and (2). (G) Definition.--Section 1860D-41(a)(6) of such Act (42 U.S.C. 1395w-151(a)(6)) is repealed. (d) Elimination of Cost-Sharing Above Annual Out-of-Pocket Threshold.-- (1) In general.--Section 1860D-2(b)(4)(A) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(A)) is amended to read as follows: ``(A) In general.--The coverage provides benefits, after the part D eligible individual has incurred costs (as described in subparagraph (C)) for covered part D drugs in a year equal to the annual out-of-pocket threshold specified in subparagraph (B), without any cost-sharing.''. (2) Conforming amendments.--Paragraphs (1) and (2) of section 1860D-14(a) of such Act (42 U.S.C. 1395w-114(a)) are each amended by striking subparagraph (E). (e) Effective Date.--The amendments made by this section shall take effect on January 1, 2007.

Medicare-Guaranteed Prescription Drug Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for a Medicare-guaranteed prescription drug plan option that offers standard prescription drug coverage and access to negotiated prices. Revises requirements for part D standard prescription drug coverage. Provides for an annual deductible equal to the deductible for Medicare part B (Supplementary Medical Insurance) and for reduced coinsurance.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Cultural Heritage Protection Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``archaeological material of Iraq''-- (A) means any object or fragment or part of an object, including human and animal skeletal remains and plant and floral remains, that was first found within the borders of Iraq as such borders existed on August 2, 1990, and that-- (i) was built, manufactured, sculpted, produced, or written by humans; (ii) is at least 100 years old; and (iii) was discovered as a result of scientific excavation, illegal or clandestine digging, accidental discovery, or exploration on land or under water; and (B) includes all human and animal skeletal remains, as well as floral and botanical remains, that are found in association with archaeological material described in subparagraph (A); and (2) the term ``cultural material of Iraq'' means any object, regardless of age, including manuscripts, and materials used for traditional or religious ceremonial purposes, or a fragment or part of an object, that was, on or after August 2, 1990, in the care of Iraq's cultural or religious institutions and is of historic, artistic, religious, scientific, or cultural interest. SEC. 3. IMPORT RESTRICTION. (a) Import Prohibition.--No archaeological material of Iraq or cultural material of Iraq that was removed from Iraq after Executive Order 12722 of August 2, 1990, was issued may be imported into the United States, unless the Government of Iraq issues a certification or other documentation certifying that the exportation of the material from Iraq was not in violation of the laws of Iraq. (b) Customs Action in Absence of Documentation.--If the consignee of any archaeological material of Iraq or cultural material of Iraq is unable to present to the appropriate customs officer at the time of making entry of such material the certification or other documentation by the Government of Iraq required under subsection (a), the customs officer shall refuse to release the material from customs custody, and shall send it to a bonded warehouse or store to be held at the risk and expense of the consignee, notwithstanding any other provision of law, until such certification or other documentation is filed with such officer. If such certification or other documentation is not presented within 90 days after the date on which such material is refused release from customs custody, or such longer period as may be allowed by the Secretary of the Treasury for good cause shown, the material shall be subject to seizure and forfeiture. SEC. 4. FORFEITURE OF UNLAWFUL IMPORTS. (a) Seizure.--Archaeological material of Iraq or cultural material of Iraq that is imported into the United States in violation of this Act shall be seized and subject to forfeiture under the customs laws of the United States. All provisions of law relating to seizure, forfeiture, and condemnation for violation of the customs laws shall apply to seizures and forfeitures under this Act, insofar as those provisions of law are applicable to, and not inconsistent with, the provisions of this Act. (b) Disposition of Articles.--Any archaeological material of Iraq or cultural material of Iraq that is forfeited to the United States under this Act shall be returned to the country of Iraq. SEC. 5. COUNTRY OF ORIGIN. In applying the Tariff Act of 1930 or any other provision of the customs laws of the United States to an article that is an object, or fragment of an object, discovered as a result of scientific excavation, illegal or clandestine digging, accidental discovery, or exploration on land or under water, the country of origin of the object or fragment is the country within whose borders, as they exist at the time the object or fragment is imported, or attempted to be imported, into the United States, the object or fragment was first discovered or excavated. SEC. 6. AMENDMENTS TO CONVENTION ON CULTURAL PROPERTY IMPLEMENTATION ACT. (a) Definition of Archaeological or Ethnological Material.--Section 302(2)(i)(II) of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601(2)(i)(II)) is amended by striking ``two hundred and fifty years'' and inserting ``100''. (b) Emergency Implementation of Import Restrictions.--Section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) is amended-- (1) by striking ``State Party'' each place it appears and inserting ``country''; and (2) in subsection (c)-- (A) by striking paragraphs (1) and (2); (B) by striking paragraph (3) and inserting the following: ``(1) No import restrictions under section 307 may be applied under this section to the archaeological or ethnological materials of any country for more than 10 years after the date on which the notice in the Federal Register imposing such restrictions is published. Such 10-year period may be extended by the President if the President determines that the emergency condition continues to apply with respect to the archaeological or ethnological material.''; and (C) in paragraph (4)-- (i) by redesignating such paragraph as paragraph (2); and (ii) by striking ``paragraph (3)'' and inserting ``paragraph (1)''. (c) Conforming Amendments.--The Convention on Cultural Property Implementation Act is amended-- (1) in section 302 (19 U.S.C. 2601)-- (A) in paragraph (2)-- (i) by amending the matter preceding subparagraph (A) to read as follows: ``(2) The term `archaeological or ethnological material' of a State Party or othercountry means--''; and (ii) in the matter following subparagraph (C), by inserting ``or other country'' after ``State Party''; and (B) in paragraph (7), by inserting ``or another country'' after ``State Party''; (2) in section 305 (19 U.S.C. 2604) in the first sentence, by striking ``by such action'' and inserting ``the country covered by such action''; (3) in section 307 (19 U.S.C. 2606)-- (A) in subsection (a)-- (i) by striking ``State Party'' the first place it appears and inserting ``the country concerned''; and (ii) by striking ``the State Party'' each subsequent place it appears and inserting ``that country''; and (B) in subsections (b) and (c), by striking ``the State Party'' each place it appears and inserting ``the country concerned''; and (4) in section 310(b) (19 U.S.C. 2609(b)) by striking ``State Party'' each place it appears and inserting ``country concerned''. (d) Extension of Agreements.--Section 303(e) of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602(e)) is amended by striking ``five years'' and inserting ``10 years''.

Iraq Cultural Heritage Protection Act - Bans the importation into the United States of any archaeological or cultural material of Iraq that was removed from Iraq after the issuance of Executive Order 12722 of August 2, 1990, unless the Government of Iraq certifies that the exportation of such material from Iraq was not in violation of Iraqi law. Requires U.S. custom officers to detain such material until it can be certified as legally exported from Iraq. Subjects to seizure and forfeiture any Iraqi archaeological or cultural material that is illegally imported into the United States or that cannot be certified as legally exported from Iraq. Requires the return to Iraq of any archaeological or cultural material forfeited under this Act. Defines "country of origin" for purposes of applying U.S. tariff and customs laws to certain archaeological materials. Amends the Convention on Cultural Property Implementation Act to: (1) redefine an object of archaeological interest as one that is at least 100 years old (currently, at least 250 years old); (2) limit the period during which import restrictions under the Act may be placed on the archaeological or ethnological material of any country to ten years (subject to extensions by the President for emergency conditions) after the date such restrictions are published in the Federal Register; and (3) extend from five to ten years the effective period of bilateral or multilateral agreements for import restrictions on archaeological or ethnological materials.

To provide for the recovery, restitution, and protection of the cultural heritage of Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Research Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Complete removal of the colon in patients with ulcerative colitis can potentially alleviate and cure symptoms. (3) Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea, abdominal pain with cramps, fever, and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (4) It is estimated that up to 1,400,000 people in the United States suffer from inflammatory bowel disease, 30 percent of whom are diagnosed during their childhood years. (5) Children with inflammatory bowel disease miss school activities because of bloody diarrhea and abdominal pain, and many adults who had onset of inflammatory bowel disease as children had delayed puberty and impaired growth and have never reached their full genetic growth potential. (6) Inflammatory bowel disease patients are at high risk for developing colorectal cancer. SEC. 3. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES; INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION. Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c et seq.) is amended by adding at the end the following: ``SEC. 434B. INFLAMMATORY BOWEL DISEASE. ``(a) In General.--The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on inflammatory bowel disease. Such research may be focused on, but not limited to, the following areas: ``(1) Genetic research on susceptibility for inflammatory bowel disease, including the interaction of genetic and environmental factors in the development of the disease. ``(2) Research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children. ``(3) Animal model research on inflammatory bowel disease, including genetics in animals. ``(4) Clinical inflammatory bowel disease research, including clinical studies and treatment trials. ``(5) Expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research. ``(6) The training of qualified health professionals in biomedical research focused on inflammatory bowel disease, including pediatric investigators. ``(7) Other research priorities identified by the scientific agendas `Challenges in Inflammatory Bowel Disease Research' (Crohn's and Colitis Foundation of America) and `Chronic Inflammatory Bowel Disease' (North American Society for Pediatric Gastroenterology, Hepatology and Nutrition). ``(b) Authorization of Appropriations.--To carry out subsection (a), there are authorized to be appropriated $80,000,000 for fiscal year 2008, $90,000,000 for fiscal year 2009, and $100,000,000 for fiscal year 2010.''. SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION; EXPANSION OF INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY PROGRAM. Part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``SEC. 310A. CENTERS FOR DISEASE CONTROL AND PREVENTION; EXPANSION OF INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall expand the Inflammatory Bowel Disease Epidemiology Program within the National Center for Chronic Disease Prevention and Health Promotion to include additional studies focused on-- ``(1) the incidence and prevalence of pediatric inflammatory bowel disease in the United States; ``(2) genetic and environmental factors associated with pediatric inflammatory bowel disease; ``(3) age, race or ethnicity, gender, and family history of individuals diagnosed with pediatric inflammatory bowel disease; and ``(4) treatment approaches and outcomes in pediatric inflammatory bowel disease. ``(b) Consultation.--The Director shall carry out subsection (a) in consultation with a national voluntary patient organization with experience serving the population of individuals with pediatric inflammatory bowel disease and organizations representing physicians and other health professionals specializing in the treatment of such populations. ``(c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2008, and such sums as may be necessary for each of fiscal years 2009 and 2010.''.

Inflammatory Bowel Disease Research Enhancement Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand, intensify, and coordinate the Institute's research activities on inflammatory bowel disease, with a focus on: (1) genetic research on susceptibility for inflammatory bowel disease; (2) research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children; (3) animal model research; (4) clinical research; (5) expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research; (6) training of qualified health professionals in biomedical research focused on inflammatory bowel disease; and (7) other research priorities identified in specified scientific agendas. Requires the Director of the Centers for Disease Control and Prevention (CDC) to expand the Inflammatory Bowel Disease Epidemiology Program to include additional studies focused on: (1) the incidence and prevalence of pediatric inflammatory bowel disease in the United States; (2) genetic and environmental factors associated with the disease; (3) age, race or ethnicity, gender, and family history of individuals diagnosed with the disease; and (4) treatment approaches and outcomes.

A bill to expand the research and prevention activities of the National Institute of Diabetes and Digestive and Kidney Diseases, and the Centers for Disease Control and Prevention with respect to inflammatory bowel disease.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Children Self-Support Act''. SEC. 2. BAN ON USE OF SOCIAL SECURITY OR SUPPLEMENTAL SECURITY INCOME BENEFITS PAID TO REPRESENTATIVE PAYEES ON BEHALF OF FOSTER CHILDREN FOR STATE COSTS. (a) Amendments to Title II.--Section 205(j)(9) of the Social Security Act (42 U.S.C. 405(j)(9)) is amended-- (1) by inserting ``(A)'' after ``(9)''; and (2) by adding at the end the following: ``(B)(i) A representative payee shall not use any benefits paid to the representative payee pursuant to paragraph (1) to reimburse a State for-- ``(I) foster care maintenance payments made pursuant to section 472, or ``(II) other payments made by a State or political subdivision of a State to cover maintenance expenses for an individual who is in foster care under the responsibility of the State. ``(ii) A fee charged in accordance with paragraph (4)(A)(i) or section 1631(a)(2)(D) shall not be considered a maintenance expense for purposes of clause (i) of this subparagraph.''. (b) Amendments to Title XVI.--Section 1631(a)(2)(A)(iv) of such Act (42 U.S.C. 1383(a)(2)(A)(iv)) is amended-- (1) by inserting ``(I)'' after ``(iv)''; (2) by adding ``and'' at the end; and (3) by adding after and below the end the following: ``(II) A representative payee of an individual or eligible spouse shall not use any benefits paid to the representative payee pursuant to clause (ii) of this subparagraph to reimburse a State for-- ``(aa) foster care maintenance payments made pursuant to section 472; or ``(bb) other payments made by a State or political subdivision of a State to cover maintenance expenses for an individual who is in foster care under the responsibility of the State. ``(III) A fee charged in accordance with subparagraph (D) of this paragraph or section 205(j)(4)(A)(i) shall not be considered a maintenance expense for purposes of subclause (II) of this clause.''. SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGIBILITY FOR SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS. (a) State Plan Requirement.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (26); (2) by striking the period at the end of paragraph (27) and inserting ``; and''; and (3) by adding at the end the following: ``(28) provides that, not later than the beginning of the 1st calendar quarter that begins after the 3-year period that begins with the date of the encatment of this paragraph, the State agency referred to in paragraph (2) of this subsection shall-- ``(A) develop and implement procedures to ensure that, within 60 days after the status of a child who is in foster care under the responsibility of the State is first reviewed pursuant to section 475(5)(B), the child is screened to determine the potential eligibility of the child for benefits under title II and for supplemental security income benefits under title XVI; and ``(B) if the screening results in a determination that the child is potentially eligible for any of such benefits-- ``(i) provide the child with assistance in applying for, and (if necessary) appealing any decisions made with respect to, the benefits; and ``(ii) if there is no other suitable candidate available, apply to become the representative payee for the child with respect to the benefits.''. (b) GAO Study.-- (1) In general.--Within 6 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with the amendments made by this section, including specifically whether the States have-- (A) established successful procedures that screen all foster children under the responsibility of the States for their potential eligibility for benefits under title II of the Social Security Act and for supplemental security income benefits under title XVI of such Act; (B) provided all such potentially eligible foster children assistance in applying for, and appealing decisions made with respect to, the benefits; and (C) implemented procedures to identify suitable nongovernmental candidates to serve as representative payees for children in foster care with respect to the benefits. (2) Report to the congress.--Within 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to the Congress a written report that contains the results of the study. SEC. 4. NOTICE TO ATTORNEY OR GUARDIAN AD LITEM FOR FOSTER CHILD OF DETERMINATION TO PAY SOCIAL SECURITY OR SUPPLEMENTAL SECURITY INCOME BENEFITS TO REPRESENTATIVE PAYEE. (a) Amendment to Title II.--Section 205(j)(2)(E)(ii) of the Social Security Act (42 U.S.C. 405(j)(2)(E)(ii)) is amended by inserting ``, except that, in the case of an individual who is in foster care under the responsibility of a State, such notice shall also be provided to the attorney or guardian ad litem appointed to represent the individual pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention and Treatment Act'' before the period. (b) Amendment to Title XVI.--Section 1631(a)(2)(B)(xii) of such Act (42 U.S.C. 1383(a)(2)(B)(xii) is amended by inserting ``, except that, in the case of an individual who is in foster care under the responsibility of a State, such notice shall also be provided to the attorney or guardian ad litem appointed to represent the individual pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention and Treatment Act'' before the period. SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS FOR FOSTER CHILDREN. (a) Plan for Achieving Self-Support.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as amended by section 3(a) of this Act, is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by striking the period at the end of paragraph (28) and inserting ``; and''; and (3) by adding at the end the following: ``(29) provides that, with respect to each child in foster care under the responsibility of the State who is a recipient of benefits under title II or supplemental security income benefits under title XVI, the State agency shall develop a plan, developed specifically for the child, which is designed to best meet the current and future needs of the individual and enable the child to achieve self-support after leaving foster care, in accordance with the following: ``(A)(i) The plan shall set forth a strategy to conserve benefits not necessary for the immediate needs of the child, determined as provided for pursuant to clause (ii) of this subparagraph, in a manner that best meets the future needs and educational and employment interests of the child. ``(ii) The plan shall provide for a determination as to whether the child has immediate needs for which the benefits should be used consistent with sections 205(j)(10)(B) and1631(a)(2)(A)(iv)(II). ``(iii) The plan shall provide that, if the child ceases to be under the responsibility of the State, any assets set aside under the plan shall be conserved and inaccessible to the child, except for a use of funds described in item (aa) through (gg) of section 1631(a)(2)(F)(ii)(II) of this Act, or for another use approved by the Secretary as being in the best interests of the child, until the child attains 18 years of age at which time any assets subject to the plan shall be distributed to the child. ``(B) The State agency shall-- ``(i) develop and implement the plan in collaboration with the child (on an age- appropriate basis), the social worker for the child, the person acting as the representative payee for the child pursuant to section 205(j) or 1631(a)(2) of this Act, and the attorney or guardian ad litem appointed to represent the child pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention and Treatment Act; and ``(ii) in developing and implementing the plan, make reasonable efforts to seek input from the parents and caretakers of the child. ``(C)(i) Within 60 days after the status of the child is first reviewed pursuant to section 475(5)(B), the State agency shall complete the plan. ``(ii) The State agency shall ensure that each subsequent such review of such status shall include consideration of an updated version of the plan and a report on the progress made in implementing the plan. ``(D)(i) Not later than 30 days before the status of the child is first reviewed pursuant to section 475(5)(B) of this Act after completion of the plan, the State agency shall provide a copy of the plan to the attorney or guardian ad litem appointed to represent the child pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention and Treatment Act. ``(ii) Not later than 30 days before each subsequent such review, the State agency shall provide an updated copy of the plan to the attorney or guardian ad litem so appointed. ``(E)(i) The child may request the plan to be modified in a review of the status of the child pursuant to section 475(5)(B), in a separate hearing, or in a permanency hearing pursuant to section 475(5)(C). ``(ii) The plan shall not be treated, in any administrative or judicial review proceeding, as meeting the requirements of this paragraph with respect to a child unless the plan is determined by the reviewer to be the best available means of meeting the current and future needs and educational and employment interests of the child.''. (b) Provisions Relating to Representative Payees.-- (1) Amendments to title ii.--Section 205(j) of such Act (42 U.S.C. 405(j)) (as amended by the preceding provisions of this Act) is amended further-- (A) by redesignating paragraphs (8), (9), and (10) as paragraphs (9), (10), and (11), repectively; and (B) by inserting after paragraph (7) the following new paragraph: ``(8) A representative payee shall manage the benefits paid to the representative payee under paragraph (1) on behalf of an individual who is in foster care under the responsibility of a State, in accordance with the plan developed for the child pursuant to section 471(a)(26).''. (2) Amendment to title xvi.--Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended by adding at the end the following: ``(J) A representative payee shall manage the benefits paid to the representative payee under subparagraph (A)(ii) of this paragraph on behalf of an individual who is in foster care under the responsibility of a State, in accordance with the plan developed for the child pursuant to section 471(a)(26).''. (c) Exclusion From Resources Under the SSI Program.--Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended-- (1) by striking ``and'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; and''; and (3) by inserting after paragraph (15) the following: ``(16) any assets managed on behalf of an eligible individual in accordance with a plan developed for the individual pursuant to section 471(a)(26).''. SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH OR IN KIND DISREGARDED IN DETERMINING INCOME OF FOSTER CHILDREN UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. Section 1612(a)(2)(A) of the Social Security Act (42 U.S.C. 1382a(a)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (ii); and (2) by inserting ``, and (iv) clause (i) shall not apply in the case of a child who is in foster care under the responsibility of a State'' before the last seimcolon. SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b) of this section, the amendments made by this Act (other than by section 3(a)) shall apply to benefits payable for months beginning after the date of the enactment of this Act. (b) State Plan Requirements Relating to Plans for Achieving Self- Support.-- (1) In general.--The amendments made by section 5(a) of this Act shall take effect on the 1st day of the 1st calendar quarter beginning after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning after such 1st day. (2) Delay permitted if state legislation required.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by section 5(a) of this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Foster Children Self-Support Act - Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to ban the use of Social Security or SSI benefits, paid to representative payees on behalf of foster children, to reimburse foster care maintenance payments by states. Amends SSA title IV part E (Federal Payments for Foster Care and Adoption Assistance) to require the state plan for foster care and adoption assistance to provide for screening of foster children for eligibility for Social Security and SSI benefits and assistance. Requires written notice to the attorney or guardian ad litem appointed to represent a foster child of the Commissioner of Social Security's initial determination to certify payment of such benefits to a representative payee. Requires a state plan to require the appropriate state agency to develop a plan for each foster care child receiving Social Security or SSI benefits which is designed to best meet the individual's current and future needs and enable the child to achieve self-support after leaving foster care. Requires a representative payee to manage the benefits paid on behalf of such a foster child in accordance with the plan developed for the child. Excludes from the calculation of an individual's resources under the SSI program any assets managed on the individual's behalf in accordance with such plan. Disregards support and maintenance furnished in cash or in kind in determining the income of foster children under the SSI program.

To ensure that foster children are able to use their social security and supplemental security income benefits to address their needs and improve their lives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Integrity in Medicare Act of 2013''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Recent studies by the Government Accountability Office (GAO) examining self-referral practices in advanced diagnostic imaging and anatomic pathology determined that financial incentives were the most likely cause of increases in self- referrals. (2) For advanced diagnostic imaging, GAO stated that ``providers who self-referred made 400,000 more referrals for advanced imaging services than they would have if they were not self-referring'', at a cost of ``more than $100 million'' in 2010. (3) For anatomic pathology, GAO found that ``self-referring providers likely referred over 918,000 more anatomic pathology services'' than they would have if they were not self- referring, costing Medicare approximately $69 million more in 2010 than if self-referral was not permitted. (4) Noting the rapid growth of services covered by the in- office ancillary services (IOAS) exception and evidence that these services are sometimes furnished inappropriately by referring physicians, the Medicare Payment Advisory Commission (MedPAC) stated that physician self-referral of ancillary services creates incentives to increase volume under Medicare's current fee-for-service payment systems and the rapid volume growth contributes to Medicare's rising financial burden on taxpayers and beneficiaries. (5) According to the Centers for Medicare & Medicaid Services, a key rationale for the IOAS exception was to permit physicians to provide ancillary services in their offices to better inform diagnosis and treatment decisions at the time of the patient's initial office visit. (6) It is necessary, therefore, to distinguish between services and procedures that were intended to be covered by the IOAS exception, such as routine clinical laboratory services or simple x-rays that are provided during the patient's initial office visit, and other health care services which were clearly not envisioned to be covered by that exception because they cannot be performed during the patient's initial office visit. (7) According to a 2010 Health Affairs study, less than 10 percent of CT, MRI, and Nuclear Medicine scans take place on the same day as the initial patient office visit. (8) According to a 2012 Health Affairs study, urologists' self-referrals for anatomic pathology services of biopsy specimens is linked to increased use and volume billed along with a lower detection of prostate cancer. (9) According to an October 2011 Laboratory Economics report, there has been an increase in the number of anatomic pathology specimen units billed to the Medicare part B program from 2006 through 2010, specifically for CPT Code 88305, and the rate of increase billed by physician offices for this service is accelerating at a far greater pace than the rest of the provider segments. (10) According to a 2013 American Academy of Dermatology Pathology Billing paper, arrangements involving the split of the technical and professional components of anatomic pathology services among different providers may endanger patient safety and undermine quality of care. (11) In November 2012, Bloomberg News released an investigative report that scrutinized ordeals faced by California prostate cancer patients treated by a urology clinic that owns radiation therapy equipment. The report found that physician self-referral resulted in a detrimental impact on patient care and drove up health care costs in the Medicare program. The Wall Street Journal, the Washington Post, and the Baltimore Sun have also published investigations showing that urology groups owning radiation therapy machines have utilization rates that rise quickly and are well above national norms for radiation therapy treatment of prostate cancer. (12) According to a 2010 MedPAC report, only 3 percent of outpatient physical therapy services were provided on the same day as an office visit, only 9 percent within 7 days of an office visit, and only 14 percent within 14 days of an office visit. These services are not integral to the physician's initial diagnosis and do not improve patient convenience because patients must return for physical therapy treatments. (13) Those services intended to be covered under the IOAS exception are not affected by this legislation. (14) The exception to the ownership or investment prohibition for rural providers in the ``Stark'' rule is not affected by this legislation. (b) Purposes.--The purposes of this Act are the following: (1) Maintain the in-office ancillary services exception and preserve its original intent by removing certain complex services from the exception--specifically, advanced imaging, anatomic pathology, radiation therapy, and physical therapy. (2) Protect patients from misaligned provider financial incentives. (3) Protect Medicare resources by saving billions of dollars. (4) Accomplish the purposes described in paragraphs (1), (2), and (3) in a manner that does not alter the existing exception to the ownership or investment prohibition for rural providers. SEC. 3. LIMITATION ON APPLICATION OF PHYSICIANS' SERVICES AND IN-OFFICE ANCILLARY SERVICES EXCEPTIONS. (a) In General.--Section 1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)) is amended-- (1) in paragraph (1), by inserting ``, other than specified non-ancillary services,'' after ``section 1861(q))''; and (2) in paragraph (2), by inserting ``, specified non- ancillary services,'' after ``(excluding infusion pumps)''. (b) Increase of Civil Money Penalties.--Section 1877(g) of the Social Security Act (42 U.S.C. 1395nn(g)) is amended-- (1) in paragraph (3), by inserting ``, unless such bill or claim included a bill or claim for a specified non-ancillary service, in which case the civil money penalty shall be not more than $25,000 for each such service'' before the period at the end of the first sentence; and (2) in paragraph (4), by inserting ``(or $150,000 if such referrals are for specified non-ancillary services)'' after ``$100,000''. (c) Enhanced Screening of Claims.--Section 1877(g) of the Social Security Act (42 U.S.C. 1395nn(g)) is further amended by adding at the end the following new paragraph: ``(7) Compliance review for specified non-ancillary services.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services, shall review compliance with subsection (a)(1) with respect to referrals for specified non-ancillary services in accordance with procedures established by the Secretary. ``(B) Factors in compliance review.--Such procedures-- ``(i) shall, for purposes of targeting types of entities that the Secretary determines represent a high risk of noncompliance with subsection (a)(1) with respect to such billing for such specified non-ancillary services, apply different levels of review based on such type; and ``(ii) may include prepayment reviews, claims audits, focused medical review, computer algorithms designed to identify payment or billing anomalies.''. (d) Definition of Specified Non-Ancillary Services.--Section 1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is amended by adding at the end the following new paragraph: ``(8) Specified non-ancillary services.--The term `specified non-ancillary service' means a service that the Secretary has determined is not usually provided and completed during an office visit to a physician's office in which the service is determined to be necessary, and includes the following: ``(A) Anatomic pathology services, as defined by the Secretary and including the technical or professional component of the following: ``(i) Surgical pathology. ``(ii) Cytopathology. ``(iii) Hematology. ``(iv) Blood banking. ``(v) Pathology consultation and clinical laboratory interpretation services. ``(B) Radiation therapy services and supplies, as defined by the Secretary. ``(C) Advanced diagnostic imaging studies (as defined in section 1834(e)(1)(B)). ``(D) Physical therapy services (as described in paragraph (6)(B)).''. (e) Construction.--Nothing in this section (or the amendments made by this section) shall be construed to affect the authority of the Secretary of Health and Human Services to waive the requirements imposed under the provisions of this section (or such amendments) under section 1899 of the Social Security Act (42 U.S.C. 1395jjj). (f) Effective Date.--The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the first day of the first month beginning more than 12 months after the date of the enactment of this Act. SEC. 4. CLARIFICATION OF CERTAIN ENTITIES SUBJECT TO STARK RULE AND ANTI-MARKUP RULE. Section 1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is further amended by adding at the end the following new paragraph: ``(9) Clarification of certain entities subject to anti- markup rule.--In applying this section, the term `entity' shall include a physician's practice when it bills under this title for the technical component or the professional component of a specified non-ancillary service, including when such service is billed in compliance with section 1842(n)(1).''. SEC. 5. CLARIFICATION OF SUPERVISION OF TECHNICAL COMPONENT OF ANATOMIC PATHOLOGY SERVICES. Section 1861(s)(17) of the Social Security Act (42 U.S.C. 1395x(s)(17)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) with regard to the provision of the technical component of anatomic pathology services, meets the applicable supervision requirements for laboratories certified in the subspecialty of histopathology, pursuant to section 353 of the Public Health Services Act; and''. SEC. 6. EXEMPTION FROM BUDGET NEUTRALITY UNDER PHYSICIAN FEE SCHEDULE. Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w-4(c)(2)(B)(v)) is amended by adding at the end the following new subclause: ``(VIII) Changes to limitations on certain physician referrals.--Effective for fee schedules established beginning with 2014, reduced expenditures attributable to the Promoting Integrity in Medicare Act of 2013.''.

Promoting Integrity in Medicare Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the general exceptions to both ownership and compensation arrangement prohibitions against physician self-referrals of Medicare patients to the entity with which a physician has a certain financial relationship. Removes from the in-office ancillary services (IOAS) exception to such prohibitions certain services the Secretary of Health and Human Services (HHS) determines are not usually provided and completed during the visit to a physician's office in which such a service is determined to be necessary (non-ancillary services). (Thus subjects such non-ancillary services to the prohibitions against physician self-referrals). Lists among specified non-ancillary services: (1) anatomic pathology services (including the technical or professional component of surgical pathology, cytopathology, hematology, blood banking, and pathology consultation and clinical laboratory interpretation services), (2) radiation therapy services and supplies, (3) advanced diagnostic imaging studies, and (4) physical therapy services. Increases from a maximum of $15,000 to a maximum of $25,000 the civil monetary penalty in the case of a bill or claim for such services whose presenter knows or should have known they are for a service for which payment may not be made. Increases from a maximum of $100,000 to a maximum of $150,000 the civil monetary penalty for any circumventive arrangement or scheme which a physician or other entity enters into knowing (or should know) has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to such entity, would be in violation of SSA title XVIII. Directs the Secretary to review compliance with the self-referral prohibitions with respect to referrals for specified non-ancillary services in accordance with procedures established by the Secretary. States that, in applying the self-referral prohibitions, the term "entity" includes a physician's practice when it bills under Medicare for the technical component or the professional component of a specified non-ancillary service.

Promoting Integrity in Medicare Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Disclosures Protections Act of 2007''. SEC. 2. ALTERNATIVE REMEDY FOR RETALIATION AGAINST WHISTLEBLOWERS MAKING DISCLOSURES TO CONGRESS. (a) In General.--Subchapter II of chapter 72 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 7212. Alternative remedy ``(a) Definitions.--For purposes of this section-- ``(1) the term `compensatory damages' means damages awarded to a complaining party for each `action', which shall be synonymous with `cause of action' or `claim', as prescribed by title VII of the Civil Rights Act of 1991; ``(2) the term `covered disclosure' means a disclosure of information-- ``(A) made by an employee to either House of Congress or to a committee or Member or staff thereof; and ``(B) which the employee reasonably believes evidences-- ``(i) a violation of any law (including title VII of the Civil Rights Act of 1964), rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; ``(3) the term `employee' means an individual as defined by section 2105 and any other individual, including permanent, temporary, full or part time employees or applicants, independent contractors, medical or other staff, professionals with institutional privileges, individuals paid by temporary services, or individuals performing services for an organization that in whole or in part is a contractor, grantee or other recipient if the United States government provides any portions of the money or property which is requested or demanded; and ``(4) the term `interfered with or denied' includes any personnel action in section 2302(a)(2)(A); implementation or enforcement of any nondisclosure policy, form or agreement in violation of this section; and investigation or prosecution of any alleged violation of title 18 provisions other than those prohibiting crimes of violence, moral turpitude or espionage. ``(b) Alternative Remedy.--An employee aggrieved by a violation of section 7211 with respect to a covered disclosure may within a year of the alleged violation bring an action at law and equity in the appropriate district court of the United States-- ``(1) which shall have jurisdiction over such an action without regard to the amount in controversy and which action shall, at the request of any party to such action, be tried by the court with a jury; and ``(2) in any proceeding under this subsection, a court-- ``(A) shall apply the standards set forth in section 1221(e); and ``(B) shall award triple lost wages, benefits, reinstatement, costs including reasonable expert witness fees, triple attorney fees, triple compensatory damages including emotional distress and lost reputation, and equitable, injunctive, and any other relief that the court considers appropriate. ``(c) Choice of Remedies.--Except in the circumstance described in subsection (b)(1)(B), the commencement of an action under this subsection bars the employee from pursuing (or further pursuing) any remedy otherwise available under section 1221 or 7701 with respect to the personnel action involved.''. (b) Clerical Amendment.--The table of sections for chapter 72 of title 5, United States Code, is amended by inserting after the item relating to section 7211 the following: ``7212. Alternative remedy.''. (c) Effective Date.--The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to any personnel action (as defined by section 2302(a)(2)(A) of title 5, United States Code) occurring on or after such date of enactment. ``7212. Alternative remedy.''. SEC. 3. RIGHT OF REPRESENTATION. Section 1212(a) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by adding at the end the following: ``(6) upon request, furnish such legal representation as an employee may require in a proceeding in which such employee seeks relief under section 7212 of title 5.''. SEC. 4. AMENDMENT TO NO FEAR ACT. Paragraph (3) of section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended to read as follows: ``(3) the amount of money required to be reimbursed by such agency under section 201 in connection with each of such cases, including for salaries or pay, travel costs, and any other expenses, separately identifying the aggregate amount of such reimbursements attributable to the payment of attorney's fees, if any, and separately identifying the total dollar amount by fiscal year of any reimbursement for which an agency remains liable under section 201;''.

Congressional Disclosures Protections Act of 2007 - Amends federal personnel law to: (1) define "covered disclosure" with respect to federal whistleblower protections to mean a disclosure of information made by an employee to either House of Congress or to a congressional committee or staff member which such employee reasonably believes evidences a violation of any law, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (2) allow federal employees to seek de novo review of their whistleblower claims within one year of filing such claims; (3) expand legal remedies for whistleblowers, including triple damages for lost wages, triple attorney fees, and triple compensatory damages; and (4) require the Office of Special Counsel to provide legal representation to whistleblowers, upon request. Amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act) to expand the reporting requirements of federal agencies relating to reimbursement of the expenses of employees who have filed whistleblower claims.

To strengthen the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mathematics and Science Consistency Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has fallen behind other industrialized countries in terms of competing in a global economy. This deterioration is due in large part to the diminishing number of well-trained people in the fields of mathematics, science, and technology, as well as the decrease in scientific innovations generated from the United States in recent years. (2) Not only did the United States produce fewer graduates in mathematics, science, and engineering in 2002 than it did in 1985, but the United States is also generating far fewer college graduates in those fields than other countries. In China, 59 percent of undergraduates receive degrees in science and engineering and in Japan, 66 percent receive such degrees, but in the United States, only 32 percent of undergraduates receive degrees in science and engineering. (3) United States students are scoring far behind students in other countries on international mathematics and science assessments. A recent Trends in International Mathematics and Science Study (TIMSS), the largest and most comprehensive comparative international study of education, found that 12th graders in the United States ranked 21st out of 40 industrialized countries on general knowledge in mathematics and science. Furthermore, the Programme for International Student Assessment (PISA), an organization that compiles reports on the reading and mathematics skills of 15-year-olds, found that the United States ranked 28th out of 40 nations surveyed in mathematics literacy. (4) In the United States, each State has its own set of standards and curriculum for mathematics and science education in kindergarten through grade 12, with its own definition of proficiency for these standards. When each State's definition of proficiency is compared to a national model, less than 40 percent of the students in grade 4, and only 17 percent of the students in grade 12, reach the national proficiency level in mathematics. In addition, approximately \1/3\ of the students in grades 4 and 8, and nearly \1/2\ of the students in grade 12, do not reach the basic level in science, according to the recent National Assessment of Educational Progress. (5) In its report, Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future, the National Academy of Sciences recommends that the Department of Education should collect ``effective K-12 materials that would be available free of charge as a voluntary national curriculum that would provide an effective standard for K-12 teachers''. The National Academy of Sciences advocates for the creation of world-class national benchmarks and a national curriculum in order to ensure students are receiving the skills needed to successfully compete in a global economy. SEC. 3. DEVELOP VOLUNTARY NATIONAL EXPECTATIONS FOR MATHEMATICS AND SCIENCE EDUCATION IN KINDERGARTEN THROUGH GRADE 12. (a) Agreement With the National Academy of Science.--The Secretary of Education shall enter into a contract with the National Academy of Sciences of the National Academies for the National Academy of Sciences to convene and oversee a panel, subject to the requirements of this section, that shall produce voluntary national expectations for mathematics and science education, accompanied by promising practices in teaching mathematics and science and assessment items for each expectation, for kindergarten through grade 12, in accordance with subsection (c). (b) Members of Panel.-- (1) Member qualifications.--Each member of the panel described in subsection (a) shall have substantial knowledge or experience relating to-- (A) education, mathematics, or science policy or programs; or (B) mathematics or science curricula educational content development. (2) Composition of panel.--In selecting the members of the panel described in subsection (a), the National Academy of Sciences shall ensure that-- (A) each member has the qualifications required under paragraph (1); (B) the panel is broadly representative of scientists, practitioners, educators, parents, and representatives from entities with expertise in education, mathematics, and science; (C) a majority of the members of the panel are parents directly involved in the kindergarten through grade 12 education process; and (D) the members of the panel who are educators and parents proportionately represent-- (i) the different demographic areas of the United States, including urban, suburban, and rural schools; and (ii) public and private schools. (c) Duties of Panel.--The panel described in subsection (a) shall-- (1) identify the core ideas in mathematics and science common to all States; (2) develop a minimum comprehensive set of voluntary national expectations for mathematics and science education, based on the core ideas in mathematics and science common to all States, that are taken, or adapted, from-- (A) the State mathematics and science standards, as of the date of enactment of this Act, that are found to be effective; or (B)(i) the most recent National Science Education Standards developed by the National Science Teacher Association; and (ii) the most recent Standards for School Mathematics developed by the National Council of Teachers of Mathematics; (3) develop promising practices in teaching mathematics and science by-- (A) identifying proven, effective, kindergarten through grade 12 mathematics and science teaching materials that exist as of the date of enactment of this Act; and (B) identifying the need for new mathematics and science teaching materials; (4) develop sample assessment questions based on each voluntary national expectation, for teachers to use throughout the school year to guide instruction; (5) establish a mechanism for the distribution of the voluntary national expectations, promising practices, sample assessment questions, and other information, identified or developed under this subsection; and (6) develop and coordinate professional development criteria that would prepare teachers to incorporate the voluntary national expectations into the teachers' classroom instruction. (d) Dissemination.--The Secretary of Education shall-- (1) disseminate information, in accordance with the recommendations of the panel described in subsection (a), to entities such as State educational agencies; and (2) otherwise make the materials collected by the panel available and accessible to local educational agencies and schools. (e) Personnel Matters.-- (1) Compensation of members.--The contract described in subsection (a) shall provide that each member of the panel who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the panel. All members of the panel 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. (2) Travel expenses.--The contract described in subsection (a) shall provide that members of the panel 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 panel. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2008 through 2012. SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES. (a) In General.--From amounts appropriated under subsection (e) for a fiscal year, the Secretary of Education shall award grants, in an amount determined under subsection (b), to State educational agencies to enable the State educational agencies to carry out all of the following: (1) Contract with entities that publish educational materials, in order to develop instructional materials based on the promising practices in teaching mathematics and science developed under section 3(c)(3) that effectively teach the voluntary national expectations for mathematics and science education developed under section 3(c)(2). (2) Ensure that the State educational agency has the infrastructure and technical assistance necessary to provide all instructional materials online and free of charge to teachers and school faculty and staff. (3) Train mathematics and science teachers in kindergarten through grade 12-- (A) to effectively use instructional materials to teach the voluntary national expectations for mathematics and science education developed under section 3(c)(2); and (B) to use the assessment questions developed under section 3(c)(5) to steer instruction. (b) Formula for Grants.--The Secretary of Education shall award a grant for a fiscal year to each State educational agency that submits a complete application under subsection (c) in an amount that bears the same relation to the amount appropriated for this section for such fiscal year, as the number of students served by the State educational agency for such fiscal year bears to the total number of students served by all State educational agencies that submit complete applications for such fiscal year. (c) Application.--A State educational agency desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. The application shall include a description of the activities that will be carried out through a grant under this section. (d) Report.--Not later than 60 days after the last day of the grant period, a State educational agency receiving a grant under this section shall prepare and submit a report to the Secretary of Education describing the results of the grant. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section a total of $100,000,000 for fiscal years 2008 through 2012. SEC. 5. REPORT. Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of Education shall-- (1) study the effects of the voluntary national expectations for mathematics and science education, and the promising practices in teaching mathematics and science, developed under section 3 on student achievement on the National Assessment of Educational Progress, the Trends in International Mathematics and Science Study, and the Programme for International Student Assessment, for the most recent year available, as compared to the effects of State standards and curricula on student achievement on such assessments; and (2) shall prepare and submit a report to Congress on the Secretary's findings.

National Mathematics and Science Consistency Act - Directs the Secretary of Education to contract with the National Academy of Sciences to convene and oversee a panel to produce, for kindergarten through grade 12 (K-12), voluntary national expectations for science and mathematics education, promising practices in teaching such subjects, and sample assessment questions based on the expectations. Requires such expectations to be based on core ideas in mathematics and science education common to all states, and the promising teaching practices to be developed by identifying proven and effective teaching materials or the need for new materials. Requires the panel also to develop and coordinate professional development criteria that would prepare teachers to incorporate such expectations into their teaching. Requires the Secretary to award grants to states to: (1) develop instructional materials based on the promising practices in teaching mathematics and science; (2) ensure that the infrastructure and technical assistance to provide such instructional materials online and free of charge to school personnel is available; and (3) train K-12 mathematics and science teachers to use the instructional materials and assessment questions in teaching.

A bill to create a national set of effective voluntary national expectations for mathematics and science education in kindergarten through grade 12, and for other purposes.

SECTION 1. COVERAGE OF FOREIGN VESSELS UNDER FEDERAL LABOR LAWS. (a) National Labor Relations.--Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended-- (1) by inserting ``(A)'' after the paragraph designation; and (2) by adding at the end thereof the following new subparagraph: ``(B)(i) The term `employer' also includes-- ``(I) a foreign documented vessel, if such vessel is regularly engaged in transporting passengers from and to a port or place in the United States, with or without an intervening stop or stops at a foreign port or ports, and such term also includes a foreign documented vessel that is regularly engaged in transporting passengers only from or to a port or place in the United States if the Board determines that such transport is so arranged for the purposes of avoiding being considered an employer for purposes of this Act; ``(II) a foreign documented nonliner vessel regularly engaged in transporting cargo in the foreign trade of the United States; and ``(III) a foreign documented vessel on which occurs the production or processing of goods or services for sale or distribution in the United States, and a foreign documented vessel that engages in transporting cargo between vessels in international waters and a vessel, port, or place in the United States regardless of the ownership or control of the vessel. ``(ii) For purposes of this section and except as provided in clause (i)(III), such term shall not include any foreign documented vessel that can demonstrate-- ``(I) that at least 50 percent of its crew is composed of citizens of the country of registry; and ``(II) that legal title to such vessel is held by citizens of the country of registry, and beneficial ownership and control, direct or indirect, are held by citizens of the country of registry. ``(iii) As used in this subparagraph, the term `citizen' shall include-- ``(I) natural persons who are citizens of the country of registry; ``(II) a corporation, if its equity is at least 51 percent owned and controlled by citizens of the country of registry; ``(III) a partnership, if all the general partners are citizens of the country of registry and at least 51 percent of the partnership is owned and controlled by citizens of the country of registry.''. (b) Fair Labor Standards Act of 1938.-- (1) Definition.--Section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is amended-- (A) by inserting ``(1)'' after the subsection designation; and (B) by adding at the end thereof the following new paragraph: ``(2)(A) The term `employer' also includes-- ``(i) a foreign documented vessel, if such vessel is regularly engaged in transporting passengers from and to a port or place in the United States, with or without an intervening stop or stops at a foreign port or ports, and such term also includes a foreign documented vessel that is regularly engaged in transporting passengers only from or to a port or place in the United States if the Secretary determines that such transport is so arranged for the purposes of avoiding being considered an employer for purposes of this Act; ``(ii) a foreign documented nonliner vessel regularly engaged in transporting cargo in the foreign trade of the United States; and ``(iii) a foreign documented vessel on which occurs the production or processing of goods or services for sale or distribution in the United States, and a foreign documented vessel that engages in transporting cargo between vessels in international waters and a vessel, port, or place in the United States regardless of the ownership or control of the vessel. ``(B) For purposes of this section and except as provided in subparagraph (A)(iii), such term shall not include any foreign documented vessel that can demonstrate-- ``(i) that at least 50 percent of its crew is composed of citizens of the country of registry; and ``(ii) that legal title to such vessel is held by citizens of the country of registry, and beneficial ownership and control, direct or indirect, are held by citizens of the country of registry. ``(C) As used in this paragraph, the term `citizen' shall include-- ``(i) natural persons who are citizens of the country of registry; ``(ii) a corporation, if its equity is at least 51 percent owned and controlled by citizens of the country of registry; ``(iii) a partnership, if all the general partners are citizens of the country of registry and at least 51 percent of the partnership is owned and controlled by citizens of the country of registry.''. (2) Minimum wage.--Section 6(a)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(4)) is amended by inserting ``or a foreign documented vessel described in section 3(d)(2)(A)'' after ``an American Vessel''. (3) Exemption.--Section 13(a)(12) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(12)) is amended by inserting ``or a foreign documented vessel described in section 3(d)(2)(A)'' after ``an American Vessel''.

Extends coverage under the National Labor Relations Act and the Fair Labor Standards Act of 1938 to certain foreign vessels which: (1) regularly engage in transporting passengers from and to a place in the United States, with or without intervening stops at foreign ports, including a vessel regularly engaged in transporting passengers only from or to a place in the United States if such transport is so arranged for the purposes of avoiding certain consequences that would otherwise result; (2) (if nonliners) regularly engage in transporting cargo in the foreign trade of the United States; and (3) produce or process goods or services for sale or distribution in the United States, and a vessel that engages in transporting cargo between vessels in international waters and a vessel, port, or place in the United States regardless of the vessel's ownership or control. Excludes any such vessel that can demonstrate that citizens of the country of registry: (1) compose at least one-half of the crew; and (2) hold legal title and beneficial ownership and control.

To extend the coverage of certain Federal labor laws to foreign documented vessels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudden Oak Death Syndrome Control Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) tan oak, coast live oak, Shreve's oak, and black oak trees are among the most beloved features of the topography of California and the Pacific Northwest and efforts should be made to protect those trees from disease; (2) the die-off of those trees, as a result of the exotic Phytophthora fungus, is approaching epidemic proportions; (3) very little is known about the new species of Phytophthora, and scientists are struggling to understand the causes of sudden oak death syndrome, the methods of transmittal, and how sudden oak death syndrome can best be treated; (4) the Phytophthora fungus has been found on-- (A) Rhododendron plants in nurseries in California; and (B) wild huckleberry plants, potentially endangering the commercial blueberry and cranberry industries; (5) sudden oak death syndrome threatens to create major economic and environmental problems in California, the Pacific Northwest, and other regions, including-- (A) the increased threat of fire and fallen trees; (B) the cost of tree removal and a reduction in property values; and (C) loss of revenue due to-- (i) restrictions on imports of oak products and nursery stock; and (ii) the impact on the commercial rhododendron, blueberry, and cranberry industries; and (6) Oregon and Canada have imposed an emergency quarantine on the importation of oak trees, oak products, and certain nursery plants from California. SEC. 3. RESEARCH, MONITORING, AND TREATMENT OF SUDDEN OAK DEATH SYNDROME. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall carry out a sudden oak death syndrome research, monitoring, and treatment program to develop methods to control, manage, or eradicate sudden oak death syndrome from oak trees on both public and private land. (b) Research, Monitoring, and Treatment Activities.--In carrying out the program under subsection (a), the Secretary may-- (1) conduct open space, roadside, and aerial surveys; (2) provide monitoring technique workshops; (3) develop baseline information on the distribution, condition, and mortality rates of oaks in California and the Pacific Northwest; (4) maintain a geographic information system database; (5) conduct research activities, including research on forest pathology, Phytophthora ecology, forest insects associated with oak decline, urban forestry, arboriculture, forest ecology, fire management, silviculture, landscape ecology, and epidemiology; (6) evaluate the susceptibility of oaks and other vulnerable species throughout the United States; and (7) develop and apply treatments. SEC. 4. MANAGEMENT, REGULATION, AND FIRE PREVENTION. (a) In General.--The Secretary shall conduct sudden oak death syndrome management, regulation, and fire prevention activities to reduce the threat of fire and fallen trees killed by sudden oak death syndrome. (b) Management, Regulation, and Fire Prevention Activities.--In carrying out subsection (a), the Secretary may-- (1) conduct hazard tree assessments; (2) provide grants to local units of government for hazard tree removal, disposal and recycling, assessment and management of restoration and mitigation projects, green waste treatment facilities, reforestation, resistant tree breeding, and exotic weed control; (3) increase and improve firefighting and emergency response capabilities in areas where fire hazard has increased due to oak die-off; (4) treat vegetation to prevent fire, and assessment of fire risk, in areas heavily infected with sudden oak death syndrome; (5) conduct national surveys and inspections of-- (A) commercial rhododendron and blueberry nurseries; and (B) native rhododendron and huckleberry plants; (6) provide for monitoring of oaks and other vulnerable species throughout the United States to ensure early detection; and (7) provide diagnostic services. SEC. 5. EDUCATION AND OUTREACH. (a) In General.--The Secretary shall conduct education and outreach activities to make information available to the public on sudden death oak syndrome. (b) Education and Outreach Activities.--In carrying out subsection (a), the Secretary may-- (1) develop and distribute educational materials for homeowners, arborists, urban foresters, park managers, public works personnel, recreationists, nursery workers, landscapers, naturists, firefighting personnel, and other individuals, as the Secretary determines appropriate; (2) design and maintain a website to provide information on sudden oak death syndrome; and (3) provide financial and technical support to States, local governments, and nonprofit organizations providing information on sudden oak death syndrome. SEC. 6. SUDDEN OAK DEATH SYNDROME ADVISORY COMMITTEE. (a) Establishment.-- (1) In general.--The Secretary shall establish a Sudden Oak Death Syndrome Advisory Committee (referred to in this section as the ``Committee'') to assist the Secretary in carrying out this Act. (2) Membership.-- (A) Composition.--The Committee shall consist of-- (i) 1 representative of the Animal and Plant Health Inspection Service, to be appointed by the Administrator of the Animal and Plant Health Inspection Service; (ii) 1 representative of the Forest Service, to be appointed by the Chief of the Forest Service; (iii) 2 individuals appointed by the Secretary from each of the States affected by sudden oak death syndrome; and (iv) any individual, to be appointed by the Secretary, in consultation with the Governors of the affected States, that the Secretary determines-- (I) has an interest or expertise in sudden oak death syndrome; and (II) would contribute to the Committee. (B) Date of appointments.--The appointment of a member of the Committee shall be made not later than 90 days after the enactment of this Act. (3) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold the initial meeting of the Committee. (b) Duties.-- (1) Implementation plan.--The Committee shall prepare a comprehensive implementation plan to address the management, control, and eradication of sudden oak death syndrome. (2) Reports.-- (A) Interim report.--Not later than 1 year after the date of enactment of this Act, the Committee shall submit to Congress the implementation plan prepared under paragraph (1). (B) Final report.--Not later than 3 years after the date of enactment of this Act, the Committee shall submit to Congress a report that contains-- (i) a summary of the activities of the Committee; (ii) an accounting of funds received and expended by the Committee; and (iii) findings and recommendations of the Committee. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of fiscal years 2002 through 2007-- (1) to carry out section 3, $7,500,000, of which up to $1,500,000 shall be used for treatment; (2) to carry out section 4, $6,000,000; (3) to carry out section 5, $500,000; and (4) to carry out section 6, $250,000.

Sudden Oak Death Syndrome Control Act of 2001 - Directs the Secretary of Agriculture to conduct sudden oak death syndrome programs of: (1) research, monitoring, and treatment; (2) management and fire prevention; and (3) outreach and education.Directs the Secretary to establish a Sudden Oak Death Syndrome Advisory Committee.

To direct the Secretary of Agriculture to conduct research, monitoring, management, treatement, and outreach activities relating to sudden oak death syndrome and to establish a Sudden Oak Death Syndrome Advisory Committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Leasing Amendments Act of 2003''. SEC. 2. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES. Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended in the first sentence by striking ``such lease,'' and all that follows through the end of the sentence and inserting ``such lease.''. SEC. 3. MINING PLANS. Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C. 202a(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) The Secretary may establish a period of more than 40 years if the Secretary determines that the longer period-- ``(i) will ensure the maximum economic recovery of a coal deposit; or ``(ii) the longer period is in the interest of the orderly, efficient, or economic development of a coal resource.''. SEC. 4. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES. (a) In General.--Section 7(b) of the Mineral Leasing Act of 1920 (30 U.S.C. 207(b)) is amended to read as follows: ``(b)(1) Each lease shall be subjected to the condition of diligent development and continued operation of the mine or mines, except where operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the lessee. ``(2)(A) The Secretary of the Interior, upon determining that the public interest will be served thereby, may suspend the condition of continued operation upon the payment of advance royalties. ``(B) Such advance royalties shall be computed based on the average price for coal sold in the spot market from the same region during the last month of each applicable continued operation year. ``(C) The aggregate number of years during the initial and any extended term of any lease for which advance royalties may be accepted in lieu of the condition of continued operation shall not exceed 20. ``(3) The amount of any production royalty paid for any year shall be reduced (but not below zero) by the amount of any advance royalties paid under such lease to the extent that such advance royalties have not been used to reduce production royalties for a prior year. ``(4) This subsection shall be applicable to any lease or logical mining unit in existence on the date of the enactment of this paragraph or issued or approved after such date. ``(5) Nothing in this subsection shall be construed to affect the requirement contained in the second sentence of subsection (a) relating to commencement of production at the end of 10 years.''. (b) Authority To Waive, Suspend, or Reduce Advance Royalties.-- Section 39 of the Mineral Leasing Act (30 U.S.C. 209) is amended by striking the last sentence. SEC. 5. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION AND RECLAMATION PLAN. Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is amended by striking ``and not later than three years after a lease is issued,''. SEC. 6. AMENDMENTS RELATING TO FINANCIAL ASSURANCES WITH RESPECT TO BONUS BIDS. (a) Prohibition on Requiring Surety Bonds.--Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is amended by adding at the end the following: ``(4) The Secretary shall not require a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued based upon a cash bonus bid. ``(5) Notwithstanding any other provision of law, if the lessee under a coal lease fails to pay any installment of a deferred cash bonus bid within 10 days after the Secretary provides written notice that payment of such installment is past due-- ``(A) such lease shall automatically terminate; ``(B) any deferred bonus payments that have not been paid to the United States with respect to such lease shall no longer be owed to the United States; and ``(C) any bonus payments already made to the United States with respect to such lease shall not be returned to the lessee or credited in any future lease sale.''. (b) Conforming Amendment.--Section 2(a)(1) of the Mineral Leasing Act (30 U.S.C. 201(a)(1)) is amended by striking ``Upon default or cancellation of any coal lease for which bonus payments are due, any unpaid remainder of the bid shall be immediately payable to the United States.''. SEC. 7. INVENTORY REQUIREMENT. (a) Review of Assessments.-- (1) In general.--The Secretary of the Interior, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall review coal assessments and other available data to identify-- (A) public lands with coal resources; (B) the extent and nature of any restrictions or impediments to the development of coal resources on public lands identified under paragraph (1); and (C) with respect to areas of such lands for which sufficient data exists, resources of compliant coal and supercompliant coal. (2) Definitions.--For purposes of this subsection-- (A) the term ``compliant coal'' means coal that contains not less than 1.0 and not more than 1.2 pounds of sulfur dioxide per million Btu; and (B) the term ``supercompliant coal'' means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu. (b) Completion and Updating of the Inventory.--The Secretary-- (1) shall complete the inventory under subsection (a) by not later than 2 years after the date of the enactment of this Act; and (2) shall update the inventory as the availability of data and developments in technology warrant. (c) Report.--The Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate and make publicly available-- (1) a report containing the inventory under this section, by not later than 2 years after the effective date of this section; and (2) each update of such inventory. SEC. 8. APPLICATION OF AMENDMENTS. The amendments made by this Act apply with respect to any coal lease issued before, on, or after the date of the enactment of this Act.

Coal Leasing Amendments Act of 2003 - Amends the Mineral Leasing Act to repeal the 160-acre limitation placed upon coal leases.Authorizes the Secretary of the Interior to establish a mining plan period of more than 40 years upon a determination that the longer period: (1) will ensure the maximum economic recovery of a coal deposit; or (2) the longer period is in the interest of the orderly, efficient, or economic development of a coal resource.Revises the statutory formula for the payment of advance royalties. Extends from ten years to twenty years the lease term for which advance royalties may be accepted in lieu of the condition of continued operation.Eliminates the deadline for submission of a coal lease operation and reclamation plan.Prohibits the Secretary from requiring a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued based upon a cash bonus bid.Requires the Secretary to review and identify for Congress coal assessments on public lands and the restrictions or impediments to development of those resources.

To amend the Mineral Leasing Act to provide for the development of Federal coal resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recruiting and Retaining Effective School Leaders Act''. SEC. 2. LOAN FORGIVENESS FOR PRINCIPALS IN HIGH NEEDS SCHOOLS. Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR PRINCIPALS IN HIGH NEEDS SCHOOLS. ``(a) Loan Forgiveness Authorized.--The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (b) for loans made under this part, which were first disbursed on or after July 1, 2010, to any borrower who-- ``(1) has graduated from a high-quality program, as determined by the appropriate State agency for higher education, in consultation with the Secretary; ``(2) has been employed as a full-time principal, as defined by, for not less than 1 complete school year in a school or location that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and ``(3) is not in default on a loan for which the borrower seeks forgiveness. ``(b) Qualified Loan Amounts.-- ``(1) In general.-- ``(A) First 4 years.--Subject to paragraph (2), after the completion of service as a principal as described in subsection (a)(2) for a complete school year for any school year after the first complete school year of such service through the fourth complete school year of such service, the Secretary shall cancel-- ``(i) 15 percent of the loan obligation on a loan made under this part, which was first disbursed on or after July 1, 2010; and ``(ii) the total amount of interest that accrued during such school year. ``(B) Succeeding years.--Subject to paragraph (2), after the completion of service as a principal as described in subsection (a)(2) for a complete school year for any school year after the fourth complete school year of such service through the seventh complete school year of such service, the Secretary shall cancel-- ``(i) 20 percent of the loan obligation on a loan made under this part, which was first disbursed on or after July 1, 2010; and ``(ii) the total amount of interest that accrued during such school year. ``(2) Limitations.--To be eligible for loan cancellation under subparagraph (A) or (B) of paragraph (1) for any school year after the first complete school year of service, a principal-- ``(A) shall be serving as a principal in the school or location in which the principal served for such first year, except that a principal may serve as a principal in a different school or location described in subsection (a)(2) for a school year after such first year if the local educational agency involved places the principal in such different school or location; and ``(B) may stop serving as a principal for not more than 1 complete school year after such first year. ``(3) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan, which was first disbursed on or after July 1, 2010, may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan for enrollment in a graduate or professional program or a loan made under section 428, 428H, or 428B for enrollment in a graduate or professional program, for a borrower who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. ``(c) List.--If the list of schools in which a high need principal may perform service pursuant to subsection (a)(2) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(d) Continuing Eligibility.--Any principal who performs service as in a school that-- ``(1) meets the requirements of subsection (a)(2) in any year during such service; and ``(2) in a subsequent year fails to meet the requirements of such subsection, may continue to serve as a principal in such school and shall be eligible for loan cancellation pursuant to subsection (a). ``(e) Forgiveness Not Considered Income.--The amount of a loan, and interest on a loan, which is canceled under this section shall not be considered income for purposes of the Internal Revenue Code of 1986. ``(f) Construction.--Nothing in this subsection shall be construed to authorize refunding of any refunding of any canceled loan. ``(g) No Double Benefit.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(h) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out this section. ``(i) Definitions.--For the purpose of this section: ``(1) Principal.--The term `principal' has the meaning given such term in section 2102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602). ``(2) Year.--The term `year' where applied to service as a teacher means an academic year as defined by the Secretary.''.

Recruiting and Retaining Effective School Leaders Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education to establish a student loan forgiveness program for school principals employed in schools where at least 30% of students meet federal poverty guidelines. Loans are forgiven over a seven-year period.

Recruiting and Retaining Effective School Leaders Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Leadership Preservation Act of 2013''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the American space program will always be the best in the world, and to ensure that America will always be able to preserve and protect our leadership in the exploration of outer space, the high ground of the future. Congress is hopeful that by restructuring NASA we can make the Agency less political and more professional so that visionary NASA scientists, engineers, and astronauts will continue to inspire future generations by their continuing mission: to explore strange new worlds, to seek out new life, to boldly go where no one has gone before. SEC. 3. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. Section 20111 of title 51, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Administrator.--There is established'' and inserting ``Administrator.-- ``(1) In general.--There is established''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting ``The Administrator shall serve for a term of 6 years.'' after ``and activities thereof.''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President may appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(A).''; and (2) in subsection (b)-- (A) by striking ``Administrator.--There shall be'' and inserting ``Administrator.-- ``(1) In general.--There shall be''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting ``The Deputy Administrator shall not act for, and exercise the powers of, the Administrator for a period in excess of 45 days. After 45 days, the Associate Administrator shall exercise the powers of Administrator until a new Administrator is appointed and confirmed by the Senate.'' after ``absence or disability.''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President may appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(B).''. SEC. 4. BOARD OF DIRECTORS. (a) Establishment.--Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: ``Sec. 20118. Board of Directors ``(a) Establishment.--There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of enactment of the Space Leadership Preservation Act of 2013. ``(b) Membership and Appointment.--The Board shall consist of 11 members to be appointed as follows: ``(1) 3 members shall be appointed by the President. ``(2) 3 members shall be appointed by the president pro tempore of the Senate. ``(3) 1 member shall be appointed by the minority leader of the Senate. ``(4) 3 members shall be appointed by the Speaker of the House of Representatives. ``(5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. ``(c) Qualifications.--The persons appointed as members of the Board shall be-- ``(1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; ``(2) selected on the basis of established records of distinguished service; and ``(3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. ``(d) Limitation on Members.--An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing colleges, universities, and other not-for- profit organizations. Any such scientists serving on the Board shall not directly work on a study, project, or program that receives funding through a grant from or contract with the Administration, and shall recuse themselves from any Board consideration of programs affecting their place of employment. Additionally, a former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. ``(e) Terms.--The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. ``(f) Meetings.--The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. ``(g) Chairman and Vice Chairman.--The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. ``(h) Staff.--The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this section. ``(i) Committees.--The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. ``(j) Functions.-- ``(1) Budget proposal.--Not later than November 15 of each year, the Board shall provide to the President, and to the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall-- ``(A) carry out the purpose described in section 20102(h); ``(B) be based on-- ``(i) the best professional judgement of the Board; ``(ii) recommendations from the scientific, engineering, and other technical experts communities; and ``(iii) the recommendations of the most recent National Research Council decadal surveys; and ``(C) follow such decadal surveys' recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. ``(2) Nominees for administrator, deputy administrator, and chief financial officer.--The Board shall provide to the President-- ``(A) a list of 3 nominees from which the President may appoint an Administrator pursuant to section 20111(a); ``(B) a list of 3 nominees from which the President may appoint a Deputy Administrator pursuant to section 20111(b) and ``(C) a list of 3 nominees from which the President may appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act (31 U.S.C. 901(a)). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of enactment of the Space Leadership Preservation Act of 2013. ``(3) Reports.-- ``(A) Annual infrastructure, capabilities, and workforce assessment.--The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the health of the United States workforce necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. ``(B) Specific policy matter reports.--The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human space flight, planetary science, earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. ``(4) Quadrennial review.--The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a quadrennial review of current space programs and a vision for future space exploration. ``(5) Removal for cause.--The Board may provide to the President and the Congress a report recommending the removal of the Administrator, the Deputy Administrator, or the Chief Financial Officer for cause. Any such report shall include the reasons for such recommendation. ``(k) Budget Meetings.--Portions of Board meetings in which the Board considers the budget proposal required under subsection (j)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. ``(l) Financial Disclosure.--Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.''. (b) Table of Sections.--The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: ``20118. Board of Directors.''. SEC. 5. BUDGET PROPOSAL. Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: ``(e) Board of Directors Proposal.-- ``(1) Inclusion in president's proposed budget.--The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President's proposed budget and the budget provided by the Board of Directors under section 20118(j)(1). ``(2) Elements of budget proposal.--Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(j)(1).''. SEC. 6. LONG TERM CONTRACTING. (a) Amendments.--Section 20142 of title 51, United States Code, is amended-- (1) in the section heading, by striking ``Contracts regarding expendable launch vehicles'' and inserting ``Long term contracting''; (2) in subsection (a), by-- (A) striking ``expendable launch vehicle services'' and inserting ``rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto,''; and (B) striking ``related to launch'' and inserting ``related to''; and (3) in subsection (b), by striking ``launch services'' and inserting ``the goods and services to have been provided under the contract''. (b) Table of Sections Amendment.--The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: ``20142. Long term contracting.''.

Space Leadership Preservation Act of 2013 - Establishes a six-year term of office for the Administrator of the National Aeronautics and Space Administration (NASA). Prohibits the Deputy Administrator from acting for, and exercising the powers of, the Administrator for a period exceeding 45 days. Requires the Associate Administrator, after such a 45 day period, to exercise the powers of the Administrator until a new Administrator is appointed and confirmed by the Senate. Establishes a Board of Directors for NASA. Sets forth Board membership and appointment criteria. Allows the President to appoint the Administrator and Deputy Administrator from among a list of nominees provided by the Board. Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the workforce necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) quadrennial reviews of current space programs and a vision for future space exploration. Authorizes the Administrator to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads.

Space Leadership Preservation Act of 2013

SECTION 1. ACCREDITED LENDERS PROGRAM. Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by inserting after section 504 the following new section: ``SEC. 504A. ACCREDITED LENDERS PROGRAM. ``(a) In General.--The Administration shall establish an Accredited Lenders Program for qualified State or local development companies that meet the requirements of subsection (b). ``(b) Designation of Accredited Lenders.--The Administration shall designate a qualified State or local development company as an accredited lender if such company-- ``(1) demonstrates adequate knowledge of applicable laws and regulations concerning the guaranteed loan program under section 504; ``(2) demonstrates proficiency in meeting the requirements of such guaranteed loan program; and ``(3) meets such other requirements as the Administration may prescribe by regulation. ``(c) Expedited Processing.--The Administration may expedite the processing of any loan application or servicing action submitted by a qualified State or local development company that has been designated as an accredited lender in accordance with subsection (b). ``(d) Suspension or Revocation of Designation.--The designation of a qualified State or local development company as an accredited lender shall be suspended or revoked if the Administration determines that-- ``(1) the development company is not adhering to the Administration's rules and regulations or is violating any other applicable provision of law; or ``(2) the loss experience of the development company is excessive as compared to other lenders; but such suspension or revocation shall not affect any outstanding loan guarantee. ``(e) Definition.--For purposes of this section, the term `qualified State or local development company' has the same meaning as in section 503(e). ``(f) Regulations.--The Administration shall promulgate such regulations as may be necessary to carry out this section.''. SEC. 2. ACCREDITED LOAN PACKAGERS PILOT PROGRAM. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(22) Accredited loan packagers pilot program.-- ``(A) In general.--The Administration shall establish an Accredited Loan Packagers Pilot Program (hereafter in this paragraph referred to as the `Program') for loan packagers, which shall be administered in accordance with subparagraphs (B) through (G). ``(B) Designation of accredited loan packagers.-- ``(i) Qualifications.--Subject to the limitation contained in clause (ii), the Administration may designate a loan packager as an accredited loan packager if such loan packager-- ``(I) is located in a rural area in which, in the determination of the Administration, there is a severe shortage or an absence of lenders that have been designated as-- ``(aa) certified lenders under the Certified Lenders Program authorized by paragraph (19); or ``(bb) preferred lenders under the Preferred Lenders Program authorized by section 5(b)(7); ``(II) demonstrates adequate knowledge of applicable laws and regulations concerning guaranteed loan programs under this subsection; ``(III) demonstrates proficiency in meeting the requirements of such guaranteed loan programs; and ``(IV) meets such other requirements as the Administration may prescribe by regulation. ``(ii) Total number.--In carrying out the Program, the Administration shall designate not less than 10 and not more than 15 loan packagers as accredited loan packagers. ``(C) Expedited processing.--During the 3-year period described in subparagraph (G), the Administration may expedite the processing of any loan application or servicing action prepared by a loan packager that has been designated as an accredited loan packager in accordance with subparagraph (B). ``(D) Suspension or revocation of designation.--The designation of a loan packager as an accredited loan packager shall be suspended or revoked if the Administration determines that-- ``(i) the loan packager is not adhering to the Administration's rules and regulations or is violating any other applicable provision of law; or ``(ii) the loss experience of the loan packager is excessive as compared to other loan packagers; but such suspension or revocation shall not affect any outstanding loan guarantee. ``(E) Definition.--For purposes of this paragraph, the term `loan packager' means any-- ``(i) qualified State or local development company, as such term is defined in section 503(e) of the Small Business Investment Act of 1958; or ``(ii) other regional or local development organization selected by the Administration. ``(F) Regulations.--The Administration shall promulgate such regulations as may be necessary to carry out this paragraph. ``(G) Sunset.--The Program shall terminate 3 years after the date of enactment of this paragraph.''.

Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to establish an Accredited Lenders Program which designates a State or local development company as an accredited lender if it demonstrates: (1) adequate knowledge of the SBA guaranteed loan program; and (2) proficiency in meeting the requirements of such program and any other applicable requirements. Authorizes the Administrator to expedite the processing of any loan application or servicing action submitted by a development company so designated. Suspends or revokes such designation upon certain determinations by the Administrator. Amends the Small Business Act to direct the Administrator to establish an Accredited Loan Packagers Pilot Program under which loan packagers shall be designated as accredited loan packagers upon meeting certain requirements with respect to loan packaging under the SBA guaranteed loan program. Requires at least ten but no more than 15 loan packagers to be so designated. Authorizes the Administrator, during a three-year period, to expedite the processing of any loan application or servicing action prepared by a loan packager so designated. Suspends or revokes such designation upon certain determinations by the Administrator.

A bill to authorize the establishment of an Accredited Lenders Program for qualified State or local development companies under the Small Business Investment Act of 1958 and an Accredited Loan Packagers Pilot Program for loan packagers under the Small Business Act.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Civil Rights and Employee Investigation Clarification Act''. (b) Findings.--The Congress finds as follows: (1) The Fair Credit Reporting Act, as interpreted by the Federal Trade Commission, impedes investigations of workplace misconduct. (2) The Fair Credit Reporting Act undermines the ability of employers to use experienced outside organizations or individuals to investigate allegations of drug use or sales, violence, sexual harassment, other types of harassment, employment discrimination, job safety and health violations, as well as criminal activity, including theft, fraud, embezzlement, sabotage or arson, patient or elder abuse, child abuse, and other types of misconduct related to employment. (3) Employers have been advised by agencies and the courts to utilize such experienced outside organizations and individuals in many cases to assure compliance with civil rights laws and other laws, as well as written workplace policies. (4) Employees and consumers are put at risk because the Fair Credit Reporting Act frustrates or impedes employers in their efforts to maintain a safe and productive workforce. (5) The Fair Credit Reporting Act should not chill the use of experienced outside organizations or individuals to assist employers in their investigations of workplace misconduct or misbehavior by potentially subjecting those employers to additional liabilities or damages. SEC. 2. CERTAIN COMMUNICATIONS EXCLUDED FROM DEFINITION OF CONSUMER REPORT. (a) Amendment to Definition of Consumer Report.--Section 603(d)(2)(D) of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(D)) is amended by inserting ``or (q)'' after ``subsection (o)''. (b) Amendment Relating to Employment Investigation Reports.-- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following new subsection: ``(q) Exclusion of Certain Communications.-- ``(1) Self-regulatory organization defined.--For purposes of this subsection, the term `self-regulatory organization' includes any self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act of 1934), any entity established under Title I of the Sarbanes-Oxley Act of 2002, any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ``(2) Communications described in this subsection.--A communication is described in this subsection if-- ``(A) but for subsection (d)(2)(D), the communication would be a consumer report; ``(B) the communication is made to an employer in connection with an investigation of-- ``(i) suspected misconduct relating to employment; or ``(ii) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer; ``(C) the communication is not made for the purpose of investigating a consumer's credit worthiness, credit standing, or credit capacity; and ``(D) the communication is not provided to any person except-- ``(i) to the employer or an agent of the employer; ``(ii) to any Federal or State officer, agency, or department, or any officer, agency, or department of a unit of general local government; ``(iii) to any self-regulatory organization with regulatory authority over the activities of the employer or employee; ``(iv) as otherwise required by law; or ``(v) pursuant to section 608. ``(3) Subsequent disclosure.--After taking any adverse action based in whole or in part on a communication described in paragraph (2), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection (d)(2)(D) an investigative consumer report need not be disclosed.''.

Civil Rights and Employee Investigation Clarification Act - Amends the Fair Credit Reporting Act to exclude from its disclosure requirements certain communications: (1) made in connection with an employer's investigation of employee workplace misconduct, or of compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any pre-existing written policies of the employer; (2) not made for the purpose of investigating a consumer's credit worthiness, credit standing, or credit capacity; and (3) not provided to any person except the employer (or employer's agent), any Federal, State, or local officer, agency, or department, any self-regulatory organization with regulatory authority over the employer's or employee's activities, or as otherwise required by law.

To amend the Fair Credit Reporting Act to exempt certain communications from the definition of consumer report, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Mosquito Abatement for Safety and Health Act'' or the ``SMASH Act''. SEC. 2. REAUTHORIZATION OF MOSQUITO ABATEMENT FOR SAFETY AND HEALTH PROGRAM. Section 317S of the Public Health Service Act (42 U.S.C. 247b-21) is amended-- (1) in subsection (a)(1)(B)-- (A) by inserting ``including programs to address emerging infectious mosquito-borne diseases,'' after ``control programs,''; and (B) by inserting ``or improving existing control programs'' before the period at the end; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``, including improvement,'' after ``operation''; (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (ii), by striking ``or'' at the end; (II) in clause (iii), by striking the semicolon at the end and inserting ``, including an emerging infectious mosquito-borne disease that presents a serious public health threat; or''; and (III) by adding at the end the following: ``(iv) a public health emergency due to the incidence or prevalence of a mosquito-borne disease that presents a serious public health threat.''; and (ii) in subparagraph (D), by inserting ``or that demonstrates to the Secretary that the control program is consistent with existing State mosquito control plans or policies, or other applicable State preparedness plans'' before the period at the end; (C) in paragraph (4)(C), by striking ``that extraordinary'' and all that follows through the period at the end and inserting ``that-- ``(i) extraordinary economic conditions in the political subdivision or consortium of political subdivisions involved justify the waiver; or ``(ii) the geographical area covered by a political subdivision or consortium for a grant under paragraph (1) has an extreme mosquito control need due to-- ``(I) the size or density of the potentially impacted human population; ``(II) the size or density of a mosquito population that requires heightened control; or ``(III) the severity of the mosquito-borne disease, such that expected serious adverse health outcomes for the human population justify the waiver.''; and (D) by amending paragraph (6) to read as follows: ``(6) Number of grants.--A political subdivision or a consortium of political subdivisions may not receive more than one grant under paragraph (1).''; and (3) in subsection (f)-- (A) in paragraph (1), by striking ``for fiscal year 2003, and such sums as may be necessary for each of fiscal years 2004 through 2007'' and inserting ``for each of fiscal years 2018 through 2022''; (B) in paragraph (2), by striking ``the Public Health Security and Bioterrorism Preparedness and Response Act of 2002'' and inserting ``other medical and public health preparedness and response laws''; and (C) in paragraph (3)-- (i) in the heading, by striking ``2004'' and inserting ``2018''; and (ii) by striking ``2004'' and inserting ``2018''. SEC. 3. EPIDEMIOLOGY-LABORATORY CAPACITY GRANTS. Section 2821 of the Public Health Service Act (42 U.S.C. 300hh-31) is amended-- (1) in subsection (a)(1), by inserting ``, including mosquito and other vector-borne diseases,'' after ``infectious diseases''; and (2) in subsection (b), by striking ``2010 through 2013'' and inserting ``2018 through 2022''. SEC. 4. GAO STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study on the state of surveillance and control of mosquito- borne infectious diseases in the United States and territories, including the state of preparedness for conducting such surveillance and control. The study shall include-- (1) a description of the infrastructure and programs for mosquito control in the United States, including-- (A) how such infrastructure and programs are organized and implemented at the Federal, State and local levels, including with respect to departments and agencies of the States, and local organizations (including special districts) involved in such control programs; (B) the role of the private sector in such activities; (C) how the authority for mosquito control impacts such activities; and (D) the resources for such infrastructure and programs, including Federal, State, and local funding sources; (2) how mosquito and other vector-borne disease surveillance and control is integrated into Federal, State, and local preparedness plans and actions, including how zoonotic surveillance is integrated into infectious disease surveillance to support real-time situational surveillance and awareness; (3) Federal, State, and local laboratory capacity for emerging vector-borne diseases, including mosquito-borne and other zoonotic diseases; and (4) any regulatory challenges for developing and utilizing vector-control technologies and platforms as part of mosquito control strategies. (b) Consultations.--In conducting the study under subsection (a), the Comptroller General of the United States shall consult with-- (1) State and local public health officials involved in mosquito and other vector-borne disease surveillance and control efforts; (2) researchers and manufacturers of mosquito control products; (3) stakeholders involved in mosquito abatement activities; (4) infectious disease experts; and (5) entomologists involved in mosquito-borne disease surveillance and control efforts. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the results of the study conducted under subsection (a) and relevant recommendations for Zika virus and other mosquito-borne diseases preparedness and response efforts. Passed the Senate September 6, 2017. Attest: JULIE E. ADAMS, Secretary.

(This measure has not been amended since it was reported to the Senate on May 1, 2017. Strengthening Mosquito Abatement for Safety and Health Act or the SMASH Act (Sec. 2) This bill amends the Public Health Service Act to revise and extend through FY2022 Centers for Disease Control and Prevention (CDC) grants for mosquito control programs. The grant program is expanded so that grants may be used to address emerging, infectious mosquito-borne diseases and to improve existing control programs. The CDC must give preference to applicants that have: (1) a public health emergency due to a mosquito-borne disease, or (2) a control program that is consistent with existing state preparedness plans. The requirement for matching funds may be waived if the area covered by a grant applicant has an extreme need due to the size or density of the potentially impacted human population, the size or density of the mosquito population that requires heightened control, or the severity of the mosquito-borne disease. (Sec. 3) CDC grants to help public health agencies improve surveillance and response activities are extended through FY2022. (Sec. 4) The Government Accountability Office must report on the surveillance and control of mosquito-borne infectious diseases in the United States and territories.

Strengthening Mosquito Abatement for Safety and Health Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Entrepreneurship and Investment Act of 2012''. SEC. 2. PERMANENT REAUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM; APPLICATION FEE. (a) In General.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended-- (1) by striking ``pilot'' each place it appears; (2) in subsection (b), by striking ``for 15 years''; and (3) by adding at the end the following: ``(e) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fee of $2,500 to apply for designation as a regional center under this section. Fees collected under this subsection shall be deposited in the Treasury in accordance with section 286(w) of the Immigration and Nationality Act (8 U.S.C. 1356(w)).''. (b) Establishment of Account; Use of Fees.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following: ``(w) Immigrant Entrepreneur Regional Center Account.-- ``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `Immigrant Entrepreneur Regional Center Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) and any fees collected in connection with forms I-526 or I-829. ``(2) Use of fees.--Fees collected under this section may only be used by the Secretary of Homeland Security to administer and operate the employment creation program described in section 203(b)(5).''. (c) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations to implement the amendments made by this section. (d) Effective Date.--The amendments made by subsections (a)(3) and (b) shall take effect on the effective date of the regulations prescribed pursuant to subsection (c). The remaining amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. PREMIUM PROCESSING FEE FOR EB-5 IMMIGRANT INVESTORS. Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended by adding at the end the following: ``In the case of a petition filed under section 204(a)(1)(H) for classification under section 203(b)(5), if the petitioner desires a guarantee of a decision on the petition in 60 days or less, the premium fee under this subsection shall be set at $2,500 and shall be deposited as offsetting receipts in the Immigrant Entrepreneur Regional Center Account established under subsection (w).''. SEC. 4. CONCURRENT FILING OF EB-5 PETITIONS AND APPLICATIONS FOR ADJUSTMENT OF STATUS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) If, at the time a petition is filed for classification through a regional center under section 203(b)(5), approval of the petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.''. SEC. 5. IMPROVED SET-ASIDE FOR TARGETED EMPLOYMENT AREAS. Section 203(b)(5)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(B)) is amended as follows: (1) Targeted employment area defined.--Clause (ii) is amended to read as follows: ``(ii) Targeted employment area defined.-- In this paragraph, the term `targeted employment area' means, at the time a petition for classification under this paragraph is filed, any of the following: ``(I) A rural area. ``(II) An area that has experienced high unemployment (of at least 150 percent of the national average rate). ``(III) A county that has had a 20 percent or more decrease in population since 1970. ``(IV) An area that is within the boundaries established for purposes of a State or Federal economic development incentive program, including areas defined as Enterprise Zones, Renewal Communities and Empowerment Zones. ``(V) An area designated by a State agency to which the Governor has delegated the authority to designate targeted employment areas within the State.''. (2) Rural area defined.--Clause (iii) is amended by striking ``other than an area within a metropolitan statistical area or''. (3) Effect of prior determination.--Such section is amended by adding at the end the following: ``(iv) Effect of prior determination.--In a case in which a geographic area is determined under clause (ii) to be a targeted employment area, such determination shall remain in effect during the 2-year period beginning on the date of the determination for purposes of any alien seeking a visa reserved under this subparagraph.''. SEC. 6. SET-ASIDE OF VISAS FOR REGIONAL CENTER PROGRAM. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``3,000'' and inserting ``10,000''. SEC. 7. EXTENSION. Subparagraph (A) of section 216A(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by adding the following at the end thereof: ``A date specified by the applicant (but not later than the fourth anniversary) shall be substituted for the second anniversary in applying the preceding sentence if the applicant demonstrates that he has attempted to follow his business model in good faith, provides an explanation for the delay in filing the petition that is based on circumstances outside of his control, and demonstrates that such circumstances will be able to be resolved within the specified period.''. SEC. 8. STUDY. (a) In General.--The Secretary of the Department of Homeland Security, in appropriate consultation with the Secretary of Commerce and other interested parties, shall conduct a study concerning the following: (1) Current job creation counting methodology and initial projections under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). (2) How best to promote the employment creation program described in such section overseas to potential immigrant investors. (b) Report.--The Secretary of Homeland Security shall submit a report to the Congress not later than 1 year after the date of the enactment of this Act containing the results of the study conducted under subsection (a). SEC. 9. FULL-TIME EQUIVALENTS. (a) In General.--Section 203(b)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``(or full-time equivalent)'' after ``full-time''. (b) Definition.--Section 203(b)(5)(D) of such Act (8 U.S.C. 1153(b)(5)(D)) is amended to read as follows: ``(D) Employment-related definitions.-- ``(i) Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position. ``(ii) Full-time equivalent employment defined.--In this paragraph, the term `full- time equivalent employment' means employment representing the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees. This shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees.''. SEC. 10. ELIGIBILITY FOR ADJUSTMENT OF STATUS. Section 245(k) of the Immigration and Nationality Act (8 U.S.C. 1255(k)) is amended, in the matter preceding paragraph (1), by striking ``(1), (2), or (3)'' and inserting ``(1), (2), (3), or (5)''. SEC. 11. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS. (a) Changes to Investment Criteria.--Section 203(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``partnership)--'' and inserting ``partnership) as follows:''; (2) in clause (i)-- (A) by striking ``(i) in which'' and inserting the following: ``(i) Not less than one new commercial enterprise-- ``(I) in which''; (B) by striking ``, and'' at the end and inserting a semicolon; and (C) by adding at the end the following: ``(II) with respect to which such alien has completed an investment agreement with a qualified venture capital operating company for an investment in one or more such enterprises of an aggregate amount not less than the amount specified in subparagraph (C); or ``(III) with respect to which such alien has completed an investment agreement with 1 or more angel investors for an investment in one or more such enterprises of an aggregate amount not less than the amount specified in subparagraph (C).''; and (3) in clause (ii)-- (A) by striking ``(ii) which will'' and inserting the following: ``(ii) In the case of investment in such an enterprise or enterprises-- ``(I) if the enterprise or enterprises are described in clause (i)(I), will''; (B) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(II) if the enterprise or enterprises are described in subparagraph (II) or (III) of clause (i), will benefit the United States economy and create full-time employment for not fewer than 5 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).''. (b) Changes to Capital Requirements.--Section 203(b)(5)(C)(i) of such Act (8 U.S.C. 1153(b)(5)(C)(i)) is amended by inserting after ``$1,000,000'' the following: ``in the case of an enterprise described in subparagraph (A)(i)(I), $250,000 in the case of an enterprise described in subparagraph (A)(i)(II), and $100,000 in the case of an enterprise described in subparagraph (A)(i)(III)''. (c) Definitions.--Section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) is amended by adding at the end the following: ``(E) Qualified venture capital operating company defined.--In this paragraph, the term `qualified venture capital operating company' means an entity that-- ``(i) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or ``(ii) is an investment company, as defined in subsection (a)(1) of section 3 of such Act (15 U.S.C. 80a-3), that is exempt from registration under subsection (c)(1) or (c)(7) of such section, is not registered, and-- ``(I) is organized or incorporated, and domiciled, in the United States, and the majority ownership of which is composed of United States citizens or aliens lawfully admitted to the United States for permanent residence; or ``(II) is owned or controlled by an entity that is organized or incorporated, and domiciled, in the United States, and the majority ownership of that entity is composed of United States citizens or aliens lawfully admitted to the United States for permanent residence. ``(F) Angel investor defined.--In this paragraph, the term `angel investor' means-- ``(i) any individual who is a United States citizen or an alien lawfully admitted to the United States for permanent residence, or any entity wholly owned and controlled by United States citizens or aliens lawfully admitted to the United States for permanent residence; or ``(ii) any entity that has made at least 5 angel investments totaling at least $250,000 during the 3 years preceding the completion of an investment agreement described in subparagraph (A)(i)(III). ``(G) Angel investment.--In this paragraph, the term `angel investment' means an investment made in a commercial enterprise that, prior to such investment, was not owned or controlled by-- ``(i) the investor; ``(ii) any member of the immediate family of the investor; or ``(iii) any entity owned or controlled by any member of the immediate family of the investor.''. (d) Conforming Amendments to Conditional Permanent Status Provisions.-- (1) Termination of status if finding that qualifying entrepreneurship improper.--Section 216A(b)(1)(B) of such Act (8 U.S.C. 1186b(b)(1)(B)) is amended to read as follows: ``(B)(i) the alien-- ``(I) did not invest, or was not actively in the process of investing, the requisite capital described in section 203(b)(5)(A)(i)(I), or was not sustaining such actions throughout the period of the alien's residence in the United States; or ``(II) did not complete an investment agreement described in subclause (II) or (III) of section 203(b)(5)(A)(i), or such agreement was not carried out or was not actively in the process of being carried out; or ``(ii) the commercial enterprise or enterprises did not-- ``(I) create the minimum number of jobs required to be created under section 203(b)(5)(A)(ii); or ``(II) generate a profit and at least $1,000,000 in revenue; or''. (2) Contents of petition.--Section 216A(d)(1) of such Act (8 U.S.C. 1186b(d)(1)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``that the alien--'' and inserting ``that--''; (B) by amending subparagraph (A) to read as follows: ``(A)(i) the alien-- ``(I) invested, or was actively in the process of investing, the requisite capital described in section 203(b)(5)(A)(i)(I), and sustained such actions throughout the period of the alien's residence in the United States; or ``(II) completed an investment agreement described in subclause (II) or (III) of section 203(b)(5)(A)(i), and such agreement was carried out or was actively in the process of being carried out; and ``(ii) the commercial enterprise or enterprises-- ``(I) created the minimum number of jobs required to be created under section 203(b)(5)(A)(ii); or ``(II) generated a profit and at least $1,000,000 in revenue; and''; and (C) in subparagraph (B), by inserting ``the alien'' before ``is otherwise''.

American Entrepreneurship and Investment Act of 2012 - Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to: (1) make the alien investor visa (EB-5) regional center program permanent, (2) establish a $2,500 regional center designation fee, and (3) increase visa set-asides for such program. Amends the Immigration and Nationality Act regarding EB-5 provisions to: (1) establish a $2,500 premium processing fee, (2) establish in the Treasury the Immigrant Entrepreneur Regional Account Center, (3) permit concurrent filing for EB-5 petitions and status adjustment applications, (4) expand the definition of "targeted employment area" for purposes of visa set-asides, and (5) expand EB-5 eligibility to include investors who have completed investment agreements with a qualified venture capital operating company or with an "angel investor" (U.S. citizen- or permanent resident-owned entity or an entity that has made specified commercial enterprise investments).

To facilitate foreign investment by permanently reauthorizing the EB-5 regional center program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act''. SEC. 2. CONVICTION OF CERTAIN OFFENSES. (a) In General.--Section 8312(a) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; or'', and by adding after paragraph (2) the following: ``(3) is convicted of an offense named by subsection (d), to the extent provided by that subsection.''; and (2) by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding after subparagraph (B) the following: ``(C) with respect to the offenses named by subsection (d) of this section, to the period after the date of the conviction.''. (b) Identification of Offenses.--Section 8312 of title 5, United States Code, is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: ``(d)(1) The offenses under paragraph (2) are the offenses to which subsection (a) of this section applies, but only if (A) the individual is convicted of such offense after the date of the enactment of the Congressional Pension Forfeiture Act, (B) the individual was a Member of Congress (excluding the Vice President) or a Congressional employee at the time of committing the offense, and (C) the offense is one which is punishable by imprisonment for more than one year. ``(2) The offenses under this paragraph are as follows: ``(A) An offense within the purview of -- ``(i) section 201 of title 18 (bribery of public officials and witnesses); ``(ii) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(iii) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(iv) section 205 of title 18 (activities of officers and employees in claims against and other matters affecting the Government); ``(v) section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches); ``(vi) section 287 of title 18 (false, fictitious or fradulent claims); ``(vii) section 597 of title 18 (expenditures to influence voting); ``(viii) section 599 of title 18 (promise of appointment by candidate); ``(ix) section 601 of title 18 (deprivation of employment or other benefit for political contribution); ``(x) section 602 of title 18 (solicitation of political contributions); ``(xi) section 606 of title 18 (intimidation to secure political contributions); ``(xii) section 607 of title 18 (place of solicitation); ``(xiii) section 641 of title 18 (public money, property or records); ``(xiv) section 1001 of title 18 (statements or entries generally); ``(xv) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); or ``(xvi) section 371 of title 18 (conspiracy to commit offense or to defraud United States). ``(B) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by subparagraph (A). ``(C) Subornation of perjury committed in connection with the false denial of another individual as specified by subparagraph (B).''. SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION. (a) In General.--Section 8313 of title 5, United States Code, is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: ``(b) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual-- ``(1) is under indictment, after the date of the enactment of the Congressional Pension Forfeiture Act, for an offense named by section 8312(d)(2) of this title, but only if such offense satisfies paragraph (1)(C) thereof; ``(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be; and ``(3) is an individual described in section 8312(d)(1)(B).''. (b) Conforming Amendment.--Subsection (c) of section 8313 of title 5, United States Code (as so designated by subsection (a)) is amended by inserting ``or (b)'' after ``subsection (a)''. SEC. 4. REFUND OF CONTRIBUTIONS AND DEPOSITS. Section 8316(b) of title 5, United States Code, is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; or'', and by adding at the end the following: ``(3) if the individual was convicted of an offense named by section 8312(d) of this title, for the period after the conviction of the violation.''.

Congressional Pension Forfeiture Act - Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of committing, while an employee or Member of Congress, one of specified offenses relating to his or her duties of office which is punishable by imprisonment for more than one year, including bribery of public officials, representing others in claims against the Government, and making or receiving expenditures to influence voting. Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for one of the offenses; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge. Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction of the violation.

Congressional Pension Forfeiture Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Medical School Accountability Fairness Act of 2017''. SEC. 2. PURPOSE. To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. SEC. 3. FINDINGS. Congress finds the following: (1) Three for-profit schools in the Caribbean receive nearly \3/4\ of all Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes to students enrolled at foreign graduate medical schools, despite those three schools being exempt from meeting the same eligibility requirements as the majority of graduate medical schools located outside of the United States and Canada. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (3) The attrition rate at United States medical schools averaged 3.4 percent in 2014, while rates at for-profit Caribbean medical schools have been known to reach 30 percent. (4) In 2016, residency match rates for foreign trained graduates averaged 54 percent compared to 94 percent for graduates of medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. SEC. 4. REPEAL GRANDFATHER PROVISIONS. Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(2)) is amended-- (1) in subparagraph (A), by striking clause (i) and inserting the following: ``(i) in the case of a graduate medical school located outside the United States-- ``(I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and ``(II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV;''; and (2) in subparagraph (B)(iii), by adding at the end the following: ``(V) Expiration of authority.--The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2017.''. SEC. 5. LOSS OF ELIGIBILITY. If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the amendments made by section 4, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of-- (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.

Foreign Medical School Accountability Fairness Act of 2017 This bill amends title I (General Provisions) of the Higher Education Act of 1965 to revise institutional eligibility criteria for a foreign graduate medical school to participate in federal student aid programs. Current law requires a foreign graduate medical school to meet certain requirements—a minimum pass rate threshold on the medical licensing exam and a minimum percentage of foreign students—to participate in the Federal Direct Loan (DL) program, unless the Department of Education (ED) establishes alternative standards or the school has a grandfathered clinical training program. This bill terminates ED's authority to establish alternative standards and eliminates the exemption for a school with a grandfathered clinical training program (i.e., it requires all foreign graduate medical schools to meet minimum requirements to participate in the DL program).

Foreign Medical School Accountability Fairness Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Privacy and Nondiscrimination Act of 1999''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) Group Coverage.-- (1) Amendments to public health service act.-- (A) Inclusion of genetic testing in nondiscrimination requirements.--Section 2702(a)(1)(F) of the Public Health Service Act (42 U.S.C. 300gg- 1(a)(1)(F)), as added by section 102(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Prohibitions against use and disclosure of genetic information.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. PROHIBITIONS AGAINST USE AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Prohibition of Use of Genetic Information.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not use genetic information to reject, deny, limit, cancel, refuse to renew, establish differential rates or premium payments for, or otherwise affect benefits provided under the plan or health insurance coverage offered in connection with the plan. ``(b) Prohibition of Disclosure of Genetic Information.-- ``(1) In general.--Except as provided in paragraph (2), regardless of the manner in which genetic information was received, or of the source of such information, including information received from an individual, a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose or be compelled (by subpoena or any other means) to disclose genetic information about an individual unless such disclosure is specifically authorized by the individual involved or the legal representative of the individual through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. ``(2) Exceptions.--Notwithstanding paragraph (1), genetic information concerning an individual may be disclosed if such disclosure-- ``(A) is authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(B) is required under the specific order of a Federal or State court; ``(C) is authorized under Federal or State law for the purpose of establishing paternity; or ``(D) is for the purpose of identifying bodies. ``(3) Application of subsection.--The prohibitions of this subsection shall apply to any redisclosure by any entity after another entity has disclosed the genetic information.''. (C) Definitions.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the end the following new paragraph: ``(15) Genetic information; genetic test.-- ``(A) Genetic information.--The term `genetic information' with respect to an individual means information about the genes of the individual or a member of the individual's family or about any gene products or inherited characteristics that may derive from the individual or a member of the individual's family. ``(B) Genetic test.--The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose a genetic characteristic.''. (D) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.-- (A) Inclusion of genetic testing in nondiscrimination requirements.--Section 702(a)(1)(F) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Prohibition against use and disclosure of genetic information.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Prohibition of Use of Genetic Information.--A group health plan, and a health insurance insurer offering health insurance coverage in connection with a group health plan, may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect benefits provided under the plan or health insurance coverage offered in connection with the plan. ``(b) Prohibition of Disclosure of Genetic Information.-- ``(1) In general.--Except as provided in paragraph (2), regardless of the manner in which genetic information was received, or of the source of such information, including information received from an individual, a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose or be compelled (by subpoena or any other means) to disclose genetic information about an individual unless such disclosure is specifically authorized by the individual involved or the legal representative of the individual through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. ``(2) Exceptions.--Notwithstanding paragraph (1), genetic information concerning an individual may be disclosed if such disclosure-- ``(A) is authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(B) is required under the specific order of a Federal or State court; ``(C) is authorized under Federal or State law for the purpose of establishing paternity; or ``(D) is for the purpose of identifying bodies. ``(3) Application of subsection.--The prohibitions of this subsection shall apply to any redisclosure by any entity after another entity has disclosed the genetic information.''. (C) Definitions.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1186(d)) is amended by adding at the end the following new paragraph: ``(5) Genetic information; genetic test.-- ``(A) The term `genetic information' with respect to an individual means information about the genes of the individual or a member of the individual's family or about any gene products or inherited characteristics that may derive from the individual or a member of the individual's family. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose a genetic characteristic.''. (D) Conforming amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 714. Prohibition against use and disclosure of genetic information.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC INFORMATION. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Treatment of Genetic Information under Programs Administered by the Department of Veterans' Affairs.-- (1) In general.--Subchapter III of chapter 73 of title 38, United States Code, is amended by inserting after section 7334 the following new section: ``Sec. 7335. Treatment of genetic information ``The Secretary shall prescribe standards, relating to the use and disclosure of genetic information in connection with hospital care and medical services provided under chapter 17 of this title, which are consistent with the standards applicable under section 2707 of the Public Health Service Act (relating to prohibitions against use and disclosure of genetic information) in connection with benefits provided by group health plans and health insurance coverage offered by health insurance issuers.''. (2) Conforming amendment.--The table of sections for chapter 73 of title 38, United States Code is amended by inserting after the item relating to section 7334 the following new item: ``7335. Treatment of genetic information.''. (d) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2000. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) The amendments made by subsection (c) shall apply with respect to hospital care and medical services provided on or after such date. SEC. 3. PROHIBITION OF EMPLOYMENT PRACTICES INVOLVING GENETIC INFORMATION. (a) Acquisition and Use of Genetic Information and Genetic Testing.-- (1) In general.--Subject to paragraph (2), it shall be an unlawful employment practice for an employer-- (A) to attempt to acquire, to acquire, or to use the genetic information of an employee or applicant for employment, or (B) to require a genetic test of an employee or applicant for employment, for the purpose of distinguishing among employees or applicants for employment or for the purpose of discriminating against or restricting any right or benefit otherwise due or available to an employee or applicant for employment, in connection with any matter relating to employment or employment opportunities, including terms and conditions of employment, privileges and benefits for employees, and termination of employment. (2) Exception.--Paragraph (1) shall not apply with respect to any act described in paragraph (1) with respect to genetic information or any requirement described in paragraph (1) for a genetic test if such act or requirement-- (A) is job-related and consistent with business necessity, or (B) is required under Federal or State law. (b) Nondisclosure and Confidentiality of Genetic Information.--It shall be an unlawful employment practice for an employer-- (1) to allow access to genetic information of employees to any person other than persons whose duties or responsibilities in connection with the employer require access to such information for purposes consistent with subsection (a), or (2) to establish or maintain access by the employer to an employee's genetic information which has been acquired-- (A) by any employee welfare benefit plan established or maintained by the employer in which such employee is a participant (or by any other fiduciary of such a plan), or (B) by any health insurance issuer offering health insurance coverage in connection with a group health plan in which such employee is a participant, without the prior, written, and informed consent of the employee, signed by the employee, setting forth the person or persons to whom access to such information is to be allowed. (c) Enforcement.--The powers, remedies, and procedures set forth in sections 705 through 709 of the Civil Rights Act of 1964 shall be the powers, remedies, and procedures this section provides to any person alleging a violation of this section. (d) Definitions.--As used in this section: (1) Employer; employee.--The terms ``employer'' and ``employee'' have the meanings given such terms, respectively, in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). (2) Employment or employment opportunities.--The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (3) Genetic information.--The term ``genetic information'' with respect to an individual means information about the genes of the individual or a member of the individual's family or about any gene products or inherited characteristics that may derive from the individual or a member of the individual's family. (4) Genetic test.--The term ``genetic test'' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose a genetic characteristic. (5) Other terms.-- (A) Group health plan; health insurance issuer; health insurance coverage.--The terms ``group health plan'', ``health insurance issuer'', and ``health insurance coverage'' have the meanings given such terms, respectively, in section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)). (B) Employee welfare benefit plan; participant.-- The terms ``employee welfare benefit plan'' and ``participant'' have the meanings given such terms, respectively, in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). SEC. 4. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY COMMISSION. Not later than 1 year after the date of the enactment of this Act, the National Bioethics Advisory Commission shall prepare and submit to the appropriate committees of Congress a report containing recommendations on-- (1) the development and implementation of standards to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) the development and implementation of appropriate standards for the acquisition and retention of genetic information in all settings, including appropriate exceptions.

Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Prohibits employer disclosure of and access to genetic information without the employee's prior written consent. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Requires a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information.

Genetic Privacy and Nondiscrimination Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildland Firefighters Protection Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``wildland firefighter'' means an employee of a Federal land management agency, the duties of whose position are primarily to perform work directly related to the prevention, control, suppression, and management of wildfires, including-- (A) an employee of a Federal land management agency who is assigned to support wildland fire suppression activities; and (B) an employee who is transferred to a supervisory or administrative position from a position of wildland firefighter (as defined by the preceding provisions of this paragraph); (2) the term ``Federal land management agency'' means-- (A) within the Department of the Interior, the Bureau of Land Management, the Bureau of Indian Affairs, the National Park Service, and the Fish and Wildlife Service; and (B) within the Department of Agriculture, the Forest Service; and (3) the term ``employee'' has the meaning given such term by section 2105 of title 5, United States Code. SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS. (a) Requirements.-- (1) In general.--Within 30 days after the date of the enactment of this Act, the Office of Personnel Management, in cooperation with the Federal land management agencies, shall commence development of a separate and distinct wildland firefighter occupational series that will more accurately reflect the variety of duties performed by wildland firefighters. (2) Designation.--The official title assigned to any occupational series established pursuant to paragraph (1) shall include the designation of ``Wildland Firefighter''. (3) Positions described.--Paragraph (1) applies with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include-- (A) significant wildfire preparedness and suppression activities; or (B) activities necessary to meet any other emergency incident to which assigned. (4) Consultation.--Congress encourages the Office of Personnel Management to consult with recognized employee organizations, employee associations, and any other groups that represent Federal wildland firefighters in carrying out this subsection. (b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1) of title 5, United States Code, is amended by striking all after ``except'' and inserting an em dash and the following: ``(A) an employee in an occupational series covering positions for which the primary duties are wildland firefighting, as determined by the Office; and ``(B) in such other circumstances as the Office may by regulation prescribe; and''. (c) Employees Currently in 401 Series.--Any individual who, as of the date of the enactment of this Act, holds a position of wildland firefighter shall have the option of either remaining in the 401 series (as in effect on such date under chapter 51 of title 5, United States Code) or being included in the new wildland firefighter series, as established pursuant to subsection (a). SEC. 4. PAY AND BENEFITS. (a) Portal-to-Portal Compensation Pilot Program.-- (1) In general.--In the case of a wildland firefighter, for full-time, part-time, and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day shall be considered overtime work, inclusive of all time the firefighter is away from their official duty station assigned to an emergency incident, in support of an emergency incident (including wildfires, hurricanes, and other natural disasters to which employees are assigned) in support of an emergency incident, or pre- positioned for emergency response, and shall be compensable as work time in accordance with section 5542(a) of title 5, United States Code, as amended by paragraph (2)(A). The provisions of this subsection and the amendments made by this subsection comprise the portal-to-portal compensation pilot program. (2) Requirements.-- (A) Amendment to title 5.--Section 5542(a) of title 5, United States Code, is amended by adding at the end (as a flush left sentence) the following: ``Notwithstanding paragraphs (1) and (2), and only for the duration of the portal-to-portal compensation program under section 4 of the Wildland Firefighters Protection Act, for a wildland firefighter assigned to an emergency incident, assigned in support of an emergency incident, or pre-positioned for emergency response, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the basic pay of the employee, and that entire amount is premium pay.''. (B) Fair labor standards act of 1938.--For the purpose of applying the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 and following) with respect to wildland firefighters, no violation referred to in such provisions shall be considered to have occurred if the requirements described in the amendment made by subparagraph (A) are met. (C) Duration and scope of pilot program.--The pilot program shall be carried out by the Department of the Interior and the Department of Agriculture-- (i) for a period not to exceed 3 calendar years beginning as of the start of the 2014 wildfire season; and (ii) with respect to wildland firefighters holding positions within such geographic areas as the Secretary of Agriculture shall, in consultation with the Secretary of the Interior, determine. (D) Funding.--Notwithstanding any other provision of law, there shall be made available from the FLAME Wildfire Suppression Reserve Funds, established by section 502(b) of the FLAME Act of 2009 (43 U.S.C. 1748a(b)), an amount-- (i) sufficient to carry out the portal-to- portal compensation pilot program; but (ii) only to the extent that-- (I) in the case of the 2014 wildfire season and any subsequent wildfire season during which the pilot program is in effect, such amount exceeds (II) the average corresponding expenses which were paid, with respect to wildland firefighters holding positions within the geographic area or areas covered by the program (as specified under subparagraph (C)(ii)) for the 2012 and 2013 wildfire seasons. (E) Report.--No later than 90 days after the completion of the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a joint report on the effectiveness of the pilot program. Such report shall address the effect of the program with respect to-- (i) recruitment and retention of wildland firefighters; and (ii) any cost savings. (F) Exemption.--Employees compensated under the pilot program shall, for the period of such program, be exempt from any limitation on premium pay under section 5547 of title 5, United States Code. (b) Hazardous Duty Differential To Be Treated as Part of a Wildland Firefighter's Base Pay for Retirement Purposes.-- (1) In general.--Section 8331(3) of title 5, United States Code is amended-- (A) in subparagraph (G), by striking ``and'' at the end; (B) in subparagraph (H), by inserting ``and'' at the end; and (C) by adding after subparagraph (H) the following: ``(I) with respect to a wildland firefighter (as defined by section 2 of the Wildland Firefighters Protection Act), any pay differential received under section 5545(d);''. (2) Conforming amendment.--Such section 8331(3) is further amended, in the matter following subparagraph (I) (as added by paragraph (1)(C)), by striking ``subparagraphs (B) through (H) of this paragraph'' and inserting ``subparagraphs (B) through (I),''. (c) Hazardous Duty Differential.-- (1) In general.--In the administration of section 5545(d) of title 5, United States Code, the Office of Personnel Management shall take such measures as may be necessary to ensure that, under the schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard, a pay differential of 25 percent shall be payable to an individual while serving as a member of a wildland firefighting crew. (2) Definition.--For purposes of this subsection, the term ``wildland firefighting crew'' includes ground (hand crew, hotshot, engine, and other fire apparatus personnel) and airborne (smoke jumper or helitack) firefighting personnel on the fire line of any wildfire or prescribed fuel treatment burn or fire, as further defined in regulations of the Office of Personnel Management. (d) Buy Back of Civilian Time After 1989.-- (1) In general.--Any individual who is subject to the Federal Employees' Retirement System as a firefighter (within the meaning of section 8401 of title 5, United States Code) on the date of the enactment of this Act shall be entitled to have any qualifying firefighter service treated as creditable service under section 8411 of such title. (2) Qualifying firefighter service.--For purposes of this subsection, the term ``qualifying firefighter service'' means, in connection with an individual, any service-- (A) which was performed by such individual, as a wildland firefighter, after 1989 and before the date of the enactment of this Act; and (B) for which such individual was not allowed to receive retirement credit by reason of section 8347(g) or 8402(c) of such title 5. (3) Deposit requirement.--Credit for a period of service may not be given under this subsection unless the individual involved makes a deposit, in such manner as the Office of Personnel Management may by regulation require, equal to the employee contributions that would have been required (in the case of a firefighter) for such period under section 8334(c) or 8422(a) of such title 5, with interest. (4) Certification.--The Office of Personnel Management shall accept the certification of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, concerning whether an individual performed qualifying firefighter service and the length of the period of such service the individual performed.

Wildland Firefighters Protection Act - Requires the Office of Personnel Management (OPM), in cooperation with federal land management agencies, to develop a separate and distinct occupational series for firefighters who are engaged in the prevention, control, suppression, and management of wildfires (wildland firefighters) that more accurately reflects the variety of duties performed by such firefighters. Establishes a three-year compensation pilot program for full- and part-time wildland firefighters to provide such firefighters with enhanced compensation (portal-to-portal compensation) while assigned to an emergency incident. Provides for the treatment of differential pay for hazardous duty as part of the base pay of wildland firefighters for retirement purposes.

Wildland Firefighters Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Minimum Wage Act of 2012''. SEC. 2. MINIMUM WAGE INCREASES. (a) Minimum Wage.-- (1) In general.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $8.10 an hour, beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2012 Act; ``(B) $8.95 an hour, beginning 1 year after that first day; ``(C) $9.80 an hour, beginning 2 years after that first day; and ``(D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h);''. (2) Determination based on increase in the consumer price index.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.''. (b) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to read as follows: ``(1) the cash wage paid such employee, which for purposes of such determination shall be not less than-- ``(A) for the 1-year period beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2012, $3.00 an hour; ``(B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) $0.85; or ``(ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and ``(C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 70 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and''. (c) Publication of Notice.--Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Fair Minimum Wage Act of 2012, the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage.''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the first day of the third month that begins after the date of enactment of this Act.

Fair Minimum Wage Act of 2012 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.10 an hour on the first day of the third month after the enactment of this Act; (2) $8.95 an hour after one year; (3) $9.80 an hour after two years; and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) after three years, and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year on the first day of the third month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the wage increase to ensure that it remains equal to 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website.

A bill to provide for an increase in the Federal minimum wage.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Intelligence Community Whistleblower Protection Act of 1998''. (b) Findings.--The Congress finds that-- (1) national security is a shared responsibility, requiring joint efforts and mutual respect by Congress and the President; (2) the principles of comity between the Branches apply to the handling of national security information; (3) Congress, as a co-equal Branch of Government, is empowered by the Constitution to serve as a check on the Executive Branch; in that capacity, it has a ``need to know'' of allegations of wrongdoing within the Executive Branch, including allegations of wrongdoing in the Intelligence Community; (4) no basis in law exists for requiring prior authorization of disclosures to the intelligence committees of Congress by employees of the Executive Branch of classified information about wrongdoing within the Intelligence Community; (5) the risk of reprisal perceived by employees and contractors of the Intelligence Community for reporting serious or flagrant problems to Congress may have impaired the flow of information needed by the intelligence committees to carry out oversight responsibilities; and (6) to encourage such reporting, an additional procedure should be established that provides a means for such employees and contractors to report to Congress while safeguarding the classified information involved in such reporting. SEC. 2. PROTECTION OF INTELLIGENCE COMMUNITY EMPLOYEES WHO REPORT URGENT CONCERNS TO CONGRESS. (a) Inspector General of the Central Intelligence Agency.-- (1) In general.--Subsection (d) of section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended by adding at the end the following new paragraph: ``(5)(A) An employee of the Agency, or of a contractor to the Agency, who intends to report to Congress a complaint or information with respect to an urgent concern may report to the Inspector General. ``(B) Within the 60-calendar day period beginning on the day of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. If the Inspector General determines that the complaint or information appears credible, the Inspector General within such period shall transmit the complaint or information to the Director. ``(C) The Director shall, within 7 calendar days after receipt of the transmittal from the Inspector General under subparagraph (B), forward such transmittal to the intelligence committees together with any comments the Director considers appropriate. ``(D) If the Inspector General does not transmit, or does not transmit in an accurate form, the complaint or information described in subparagraph (B), the employee may contact the intelligence committees directly to submit the complaint or information, if the employee-- ``(i) furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the intelligence committees directly; and ``(ii) obtains and follows direction from the Director, through the Inspector General, on how to contact the intelligence committees in accordance with appropriate security practices. ``(E) The Inspector General shall notify the employee of each action taken under this paragraph with respect to the employee's complaint or information not later than three days after any such action is taken. ``(F) In this paragraph: ``(i) The term `urgent concern' means any of the following: ``(I) A serious or flagrant problem, abuse, violation of law or executive order, or deficiency relating to the administration or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters. ``(II) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the administration or operation of an intelligence activity. ``(III) An action, including a personnel action described in section 2302(a)(2)(A) of title 5, United States Code, constituting reprisal or threat of reprisal prohibited under subsection (e)(3)(B) in response to the employee's reporting an urgent concern pursuant to the terms of this act. ``(ii) The term `intelligence committees' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ``(G) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.''. (2) Clerical amendment.--The heading to subsection (d) of section 17 of such Act is amended by inserting ``; Reports to Congress on Urgent Concerns'' before the period. (b) Additional Provisions With Respect to Inspectors General of the Intelligence Community.-- (1) In general.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended by redesignating section 8H as section 8I and by inserting after section 8G the following new section: ``Sec. 8H. (a)(1)(A) Employees of the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office, and the National Security Agency, and of contractors to those Agencies, who intend to report to Congress a complaint or information with respect to an urgent concern may report to the Inspector General of the Department of Defense (or designee). ``(B) Employees of the Federal Bureau of Investigation, and of contractors to the Bureau, who intend to report to Congress a complaint or information with respect to an urgent concern may report to the Inspector General of the Department of Justice (or designee). ``(C) Any other employee of, or contractor to, an executive agency, or element or unit thereof, determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities, who intends to report to Congress a complaint or information with respect to an urgent concern may report to the appropriate Inspector General (or designee) under this Act, or section 17 of the Central Intelligence Agency Act of 1949. ``(2) The designee of an Inspector General under this section shall report such employee complaints or information to the Inspector General within 7 calendar days of receipt. ``(b) Within the 60-calendar day period beginning on the day of receipt of an employee complaint or information under subsection (a), the Inspector General shall determine whether the complaint or information appears credible. If the Inspector General determines that the complaint or information appears to be credible, the Inspector General within such period shall transmit the complaint or information to the head of the establishment. ``(c) The head of the establishment shall, within 7 calendar days after receipt of the transmittal from the Inspector General pursuant to subsection (b), forward such transmittal to the intelligence committees, together with any comments the head of the establishment considers appropriate. ``(d) If the Inspector General does not transmit, or does not transmit in an accurate form, the complaint or information pursuant to subsection (b), the employee may contact the intelligence committees directly to submit the complaint or information, if the employee-- ``(1) furnishes to the head of the establishment, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the intelligence committees directly; and ``(2) obtains and follows direction from the head of the establishment, through the Inspector General, on how to contact the intelligence committees in accordance with appropriate security practices. ``(e) The Inspector General shall notify the employee of each action taken under this section with respect to the employee's complaint or information not later than three days after any such action is taken. ``(f) In this paragraph: ``(1) The term `urgent concern' means any of the following: ``(A) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the administration or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters. ``(B) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the administration or operation of an intelligence activity. ``(C) An action, including a personnel action described in section 2302(a)(2)(A) of title 5, United States Code, constituting reprisal or threat of reprisal prohibited under section 7(c) in response to the employee's reporting an urgent concern pursuant to the terms of this Act. ``(2) The term `intelligence committees' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. ``(g) An action taken by the head of an establishment or an Inspector General under this section shall not be subject to judicial review.''. (2) Conforming Amendment.--Section 8I of such Act (as redesignated by paragraph (1) of this subsection) is amended by striking ``or 8E'' and inserting ``8E, or 8H''.

Intelligence Community Whistleblower Protection Act of 1998 - Amends the Central Intelligence Agency Act of 1949 to authorize an employee or contractor of the Central Intelligence Agency (CIA) who intends to report to the Congress a complaint or information with respect to an urgent concern to report to the Inspector General (IG) of the CIA. Requires the IG to act on such complaint or information within 60 days and to forward such complaint to the CIA Director. Requires the Director to forward such information to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate within seven days after its receipt. Allows an employee to contact the intelligence committees directly concerning such complaint or information in limited circumstances. Requires IG notification of an employee within three days after taking any action on a complaint or information. Defines a matter of "urgent concern" for purposes of this Act as: (1) a serious or flagrant problem, abuse, violation of law or executive order, or deficiency relating to the administration or operation of an intelligence activity involving classified information; (2) a false statement to the Congress, or willful withholding from the Congress, on an issue of material fact relating to the administration or operation of an intelligence activity; or (3) an action constituting reprisal in response to an employee's reporting of an urgent concern. Amends the Inspector General Act of 1978 to authorize employees and contractors of the following agencies who intend to report to the Congress a complaint or information with respect to an urgent concern to report such to the IG of the Department of Defense: the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office, and the National Security Agency. Authorizes employees and contractors of the Federal Bureau of Investigation who intend to take such action to report to the IG of the Justice Department. Authorizes other Federal employees dealing with foreign intelligence or counterintelligence activities who intend to take such action to report to their appropriate IG. Outlines procedures to follow the reporting of such complaint or information, and a definition of "urgent concern," similar to those provided with respect to CIA employees, above.

Intelligence Community Whistleblower Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Free Internet Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) A single, open, global Internet is a vital tool for facilitating the free and secure flow of information and products without regard to distances or national boundaries. (2) The goal of a single, open, global Internet is best supported by policies that-- (A) encourage utilization on a global basis of technology standards set by international standards- setting organizations, including industry-led and other voluntary bodies, and selected by the market; (B) respect the security of information, privacy, and speech of Internet users; (C) promote investment in Internet-related innovation; (D) refrain from compelling Internet service providers and other intermediaries to restrict the free flow of information on the Internet; and (E) allow trade in Internet-related goods, services, information, and content. (3) Certain governments and international bodies are adopting or considering policies contrary to the goal of a free, open Internet, including-- (A) mandating unique technology standards favoring domestic producers as a condition of market access or pursuing related policies regarding standard-setting that are discriminatory and subvert the open, global nature of the Internet; (B) sponsoring or tolerating the use of Internet- related tools to gain unauthorized access to public- sector and private-sector networks in the United States to disrupt their operation; (C) blocking, filtering, or otherwise restricting Internet communications in a manner that discriminates against Internet-based services and content originating in other countries; (D) monitoring Internet use and communications in a manner that restricts individual privacy and freedom; and (E) imposing market access requirements or liabilities that discriminate against or otherwise impede Internet-related goods, services and content from other countries. (4) Such actions threaten the interests of the United States by-- (A) facilitating attempts by foreign governments to restrict or disrupt the free flow of information on the Internet; (B) promoting ``national Internets'' in conflict with the underlying rationale and architecture of the Internet as originally envisioned and constructed, thereby compromising the Internet's full functionality and promise; (C) harming United States workers and businesses, undermining a strong United States industrial base, and putting foreign competitors at an advantage; and (D) putting at risk the utility of the Internet as a tool of open communication, assembly, and commerce, and the individuals who seek to use it for such purposes. SEC. 3. TASK FORCE ON THE GLOBAL INTERNET. (a) Establishment.-- (1) In general.--There is established within the executive branch a Task Force on the Global Internet (in this Act referred to as the ``Task Force''), hosted by the Department of Commerce. (2) Chairperson.--The President shall select from among the members of the Task Force under subsection (b)(1) to serve as Chairperson. (b) Composition.--The Task Force shall consist of the following: (1) Four United States persons with substantial expertise in Internet policy who are not employees or officers of Federal, State, local, or tribal governments and who-- (A) are nominated by the public through a process managed by the Department of Commerce that solicits public recommendations through the Internet and are appointed by the President, acting through the President's Council of Advisors on Science and Technology; and (B) shall serve on the Task Force for renewable terms not to exceed 3 years. (2) The leader of the majority party in the Senate and the leader of the minority party in the Senate shall each appoint one United States person with substantial expertise in Internet policy to serve on the Task Force for renewable terms not to exceed 3 years. (3) The Speaker of the House of Representatives and the leader of the minority party in the House of Representatives shall each appoint one United States person with substantial expertise in Internet policy to serve on the Task Force for renewable terms not to exceed 3 years. (4) The United States Trade Representative, the Secretary of Homeland Security, the Assistant Secretary for Communications and Information of the National Telecommunications and Information Administration, the Chair of the Privacy and Civil Liberties Oversight Board, and the heads of other Federal departments and agencies as determined to be appropriate by the President, acting through their respective designees. (c) Staff of Federal Agencies.--Upon request of the Task Force, the head of any Federal department or agency or other Federal official described in subsection (b)(4) may detail, with or without reimbursement, any of the personnel or services of the relevant Federal department or agency to the Task Force to assist it in carrying out its functions. (d) Functions.--In addition to such other responsibilities the President may assign, the Task Force shall-- (1) develop and implement strategies in response to foreign and domestic government policies that-- (A) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (B) mandate or otherwise preference Internet- related technology standards and related measures; (C) impede the free flow of information on the Internet; or (D) otherwise threaten the open, global nature of the Internet, the interests of Internet users and the United States in Internet-related international trade and discourse; (2) consult and share timely information with the Internet Corporation for Assigned Names and Numbers; (3) consult and share timely information with civil society groups with expertise in Internet policy; (4) coordinate the activity of all Federal departments and agencies as necessary to implement the strategies developed in accordance with paragraph (1); (5) prepare a report and action plan in accordance with section 4; (6) hold public hearings and solicit public comment through the Federal Register and the website for the Task Force as appropriate; and (7) appoint a Task Force member, responsible for serving as a point of contact for correspondence and inquiries related to the activities of the Task Force. SEC. 4. REPORT AND ACTION PLAN TO THE PRESIDENT AND CONGRESS. (a) In General.--Not later than 15 months after the date of the enactment of this Act, and annually thereafter, the Task Force shall transmit to the President and the appropriate congressional committees a report and action plan that-- (1) identifies acts, policies, or practices of the United States, foreign governments, or international bodies, and related measures that-- (A) deny fair and equitable market access to or otherwise unjustifiably or unreasonably burden or restrict discourse or trade in Internet-related goods, services, and content; (B) mandate, give preference to, or promote Internet-related technology standards that diverge from widely adopted international standards, or otherwise lead to the adoption of discriminatory or trade- restrictive technology standards or conformity assessment procedures; or (C) otherwise threaten the interests of the United States in the technical operation, security, and free flow of global Internet communications; (2) estimates the trade-distorting impact or extent of suppression of free expression of measures identified under paragraph (1) on United States commerce, the interests of Internet users, and the functioning of the Internet; (3) designates which measures identified under paragraph (1) are priority concerns; (4) sets forth a strategy and actions to be taken by Federal departments and agencies in response to measures identified under paragraph (1); and (5) provides information with respect to any action taken (or the reasons if no action is taken) in response to any such measures identified in prior years' reports, including such actions as are required under section 5. (b) Form of Reports.--The reports and action plans required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (c) Coordination and Notice.--In preparing each annual report and action plan required under subsection (a), the Task Force shall-- (1) seek public participation by-- (A) publishing a notice in the Federal Register that includes instructions on how the public may submit comments on the report and plan; (B) holding at least one public hearing; and (C) establishing a website for the Task Force that publishes timely information regarding the Task Force's activities and provides an opportunity for the public to submit comments to the Task Force; (2) consult and coordinate with all relevant executive branch departments and agencies; (3) consult and share timely information with civil society groups with expertise in Internet policy; and (4) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (d) Publication.--The Task Force shall publish in the Federal Register the report and action plan transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (b). (e) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Energy and Commerce of the House of Representatives; and (2) the Committee on Finance, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS. Not later than 30 days after the transmission of each annual report and action plan required under section 4, the United States Trade Representative shall, in accordance with the requirements of sections 301 through 304 of the Trade Act of 1974 (19 U.S.C. 2411 through 2414), initiate an investigation, make any determinations required, and take any actions specified under such sections with respect to any acts, policies, or practices of a foreign government or international body that are identified in each such annual report and action plan as priority concerns, including restrictions on sale in the United States of products developed and manufactured in countries implementing such acts, policies, or practices. SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND DEPARTMENT OF JUSTICE. (a) Review and Investigation.--The Federal Trade Commission and the Attorney General shall-- (1) review each act, policy, or practice described in paragraph (1) of section 4(a) that is contained in a report or an action plan transmitted under such section to Congress; and (2) investigate whether such act, policy, or practice (or any related action by a nongovernmental entity) violates the antitrust laws of the United States. (b) Definition.--For purposes of this section, the term ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. SEC. 7. REPORT TO PRESIDENT AND CONGRESS ON INTERNATIONAL TRADE AGREEMENTS. (a) Report.--Not later than 2 years after the date of the enactment of this Act, the Task Force shall submit to the President and the appropriate congressional committees a report that-- (1) assesses the sufficiency of existing multilateral and bilateral trade agreements in-- (A) promoting international trade in Internet- related goods, services, and content; (B) encouraging the utilization on a global basis of technology standards set by international standard- setting organizations; (C) protecting the security and functioning of the Internet; (D) facilitating the free flow of information on the Internet; and (E) protecting the interests of Internet users; and (2) recommends, as appropriate, modifications of existing agreements or the negotiation of new agreements to advance the objectives identified in paragraph (1). (b) Sense of Congress.--It is the sense of Congress that the negotiating objectives of the United States for future bilateral and multilateral trade agreements should include the goals specified in subsection (a)(1). (c) Form of Reports.--The report required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (d) Coordination and Notice.--In preparing each report required under subsection (a), the Task Force shall-- (1) seek public participation by-- (A) publishing a notice in the Federal Register that includes instructions on how the public may submit comments on the report and plan; (B) holding at least one public hearing; and (C) establishing a website for the Task Force that publishes timely information regarding the Task Force's activities and provides an opportunity for the public to submit comments to the Task Force; (2) consult and coordinate with all relevant Federal departments and agencies; (3) consult and share timely information with civil society groups with expertise in Internet policy; and (4) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (e) Publication.--The Task Force shall publish in the Federal Register the report transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (c). (f) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Ways and Means, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Finance, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 8. STANDARDS-RELATED TRAINING. The Task Force shall coordinate with intergovernmental, national government, and private sector entities, including the National Institute of Standards and Technology, the Patent and Trademark Office, the Trade and Development Agency, the United States Telecommunications Training Institute, the United States Agency for International Development, the Federal Trade Commission, and any other appropriate entities, for the purpose of organizing training of foreign and domestic government officials and national standard-setting and conformity assessment bodies with respect to best practices, including coordination with nongovernmental international and domestic standards bodies, in accordance with the annual report and action plan required under section 4. SEC. 9. OUTSIDE CONSULTATION. The Task Force shall establish a regularized process to receive and respond to timely input from businesses, organizations, experts, and other interested parties regarding the fulfillment of its functions.

Global Free Internet Act of 2015 Establishes a Task Force on the Global Internet to be hosted by the Department of Commerce. Requires the Task Force to develop and implement strategies in response to foreign and domestic government policies that: (1) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (2) mandate or prefer certain Internet-related technology standards; (3) impede the free flow of information on the Internet; or (4) otherwise threaten the open, global nature of the Internet, the interests of Internet users, and the United States in Internet-related international trade and discourse. Directs the Task Force to: (1) coordinate federal agencies' implementation of such strategies, and (2) consult and share timely information with the Internet Corporation for Assigned Names and Numbers and civil society policy groups. Instructs the U.S. Trade Representative to initiate investigations and consider imposing sanctions in accordance with the Trade Act of 1974 for any practices of a foreign government or international body identified as priority concerns. Directs the Federal Trade Commission and the Department of Justice to investigate whether U.S. antitrust laws are violated by identified practices or the related actions of nongovernmental entities. Requires the Task Force to report to Congress and the President regarding the sufficiency of existing multilateral and bilateral trade agreements in advancing a single open, global Internet. Instructs the Task Force to organize training of foreign and domestic government officials and national standard-setting and conformity assessment bodies, including coordination with nongovernmental international and domestic standards bodies.

Global Free Internet Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Title VIII Nursing Workforce Reauthorization Act of 2016''. SEC. 2. SUPPORTING CLINICAL NURSE SPECIALISTS. (a) Advanced Education Nursing Grants.--Section 811 of the Public Health Service Act (42 U.S.C. 296j) is amended-- (1) in subsection (b)-- (A) by striking ``R.N./Master's'' and inserting ``R.N./graduate''; and (B) by inserting ``clinical nurse leaders,'' before ``or public health nurses''; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following new subsection: ``(f) Authorized Clinical Nurse Specialist Programs.--Clinical nurse specialist programs eligible for support under this section are education programs that-- ``(1) provide registered nurses with full-time clinical nurse specialist education; and ``(2) have as their objective the education of clinical nurse specialists who will upon completion of such a program be qualified to effectively provide care through the wellness and illness continuum to inpatients and outpatients experiencing acute and chronic illness.''. (b) Definition of Nurse-Managed Clinic.--Section 801 of the Public Health Service Act (42 U.S.C. 296) is amended by adding at the end the following: ``(18) Nurse-managed health clinic.--The term `nurse- managed health clinic' means a nurse-practice arrangement, managed by advanced practice nurses, that provides primary care or wellness services to underserved or vulnerable populations and that is associated with a school, college, university or department of nursing, federally qualified health center, or independent nonprofit health or social services agency.''. (c) National Advisory Council on Nurse Education and Practice.-- Section 851(b)(1)(A)(iv) of the Public Health Service Act (42 U.S.C. 297t) is amended by striking ``and nurse anesthetists'' and inserting ``nurse anesthetists, and clinical nurse specialists''. SEC. 3. REAUTHORIZATION OF FUNDING FOR NURSING PROGRAMS. (a) In General.--Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended-- (1) in subsection (i)(1) of section 846 (42 U.S.C. 297n; loan repayment and scholarship programs), by striking ``2007'' and inserting ``2021''; (2) in subsection (f) of section 846A (42 U.S.C. 297n-1; nurse faculty loan program), by striking ``2014'' and inserting ``2021''; (3) in subsection (e) of section 865 (42 U.S.C. 298; comprehensive geriatric education), by striking ``2014'' and inserting ``2021''; and (4) in section 871 (42 U.S.C. 298d; funding for carrying out parts B, C, and section 831)-- (A) by striking ``2016'' and inserting ``2021''; and (B) by striking ``B, C, and D'' and inserting ``B and C and section 831''. (b) Nurse Education, Practice, Quality, and Retention Grants.-- Section 831 of the Public Health Service Act (42 U.S.C. 296p) is amended-- (1) in the section heading, by striking ``and quality'' and inserting ``quality, and retention''; (2) in subsection (c)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) to promote career advancement for-- ``(i) for nursing personnel in a variety of training settings, cross-training or specialty training among diverse population groups, and the advancement of individuals including to become professional nurses, advanced education nurses, licensed practical nurses, certified nurse assistants, and home health aides; and ``(ii) individuals including licensed practical nurses, licensed vocational nurses, certified nurse assistants, home health aides, diploma degree or associate degree nurses, to become baccalaureate prepared registered nurses or advanced education nurses in order to meet the needs of the registered nurse workforce;''; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) developing and implementing internships and residency programs in collaboration with an accredited school of nursing, as defined by section 801(2), to encourage mentoring and the development of specialties.''; (3) in subsection (g)-- (A) by striking ``,,'' and inserting ``,''; (B) by striking ``or''; and (C) by inserting ``, or a nurse-managed health clinic'' before the period; and (4) by striking subsection (h).

Title VIII Nursing Workforce Reauthorization Act of 2016 This bill amends the Public Health Service Act to extend through FY2021 support for nursing workforce programs and grants. Eligibility for advanced nursing education grants is expanded to include education programs for clinical nurse leaders and all combined registered nurse and graduate degree programs. (Clinical nurse leaders are advanced generalist clinicians who apply research and coordinate care in order to improve outcomes for patients.) To be eligible for these grants, clinical nurse specialist programs must provide registered nurses with full-time clinical nurse specialist education that qualifies the nurses to provide a full range of care. Programs for loan repayment and scholarships for nurses, loans for nursing faculty, and geriatric care education are extended through FY2021. Grants for increasing nursing workforce diversity are also extended through FY2021. Nurse education, practice, and quality grants are extended through FY2021 and eligibility is expanded to include nurse-managed health clinics. Grants for nursing career ladder programs are expanded to: (1) promote career advancement for individuals to become registered nurses or advanced education nurses; and (2) support internships and residency programs to encourage mentoring and the development of specialties.

Title VIII Nursing Workforce Reauthorization Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Reducing Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; definitions. TITLE I--LEGAL IMMIGRATION REFORM Sec. 101. Worldwide levels of immigration. Sec. 102. Allotment of visas. Sec. 103. Humanitarian immigration. Sec. 104. Sunsetting adjustments under various provisions. Sec. 105. Requirement for Congressional approval for extension of designation of foreign states for purposes of temporary protected status. Sec. 106. Establishment of new nonimmigrant classifications; conversion of certain existing immigrant classification petitions. TITLE II--MISCELLANEOUS PROVISIONS Sec. 201. Limitation on automatic birthright citizenship. Sec. 202. Requirement for immigrants to provide affidavit of allegiance to the United States. Sec. 203. Requirement of affidavit of support for employment-based immigrants. Sec. 204. Making voting in foreign election a basis for automatic loss of citizenship. Sec. 205. Treating illegal presence in the United States as not demonstrating good moral character. (c) Definitions.--For purposes of this Act, the definitions contained in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply. TITLE I--LEGAL IMMIGRATION REFORM SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION. Beginning with fiscal year 2006, notwithstanding section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)-- (1) the worldwide level of family-sponsored immigrants under subsection (c) of such section in any fiscal year shall be zero; (2) the worldwide level of employment-based immigrants under subsection (d) of such section in any fiscal year shall be 5,200; and (3) the worldwide level of diversity immigrants under subsection (e) of such section in any fiscal year shall be zero. SEC. 102. ALLOTMENT OF VISAS. (a) In General.--Beginning with fiscal year 2006, notwithstanding section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)-- (1) the number of visas that shall be allotted to family- sponsored immigrants under subsection (a) of such section in any fiscal year shall be zero; (2) the number of visas that shall be allotted to priority workers under subsection (b)(1) of such section (and to spouses and children of such workers under subsection (d) of such section) in any fiscal year shall not exceed 5,000, the number of visas that shall be allotted in any fiscal year to priority workers under subsection (b)(5) of such section (and to spouses and children of such workers under subsection (d) of such section) in any fiscal year shall not exceed 200, and the number of visas that shall be allotted to other aliens subject to the worldwide level for employment-based immigrants in any fiscal year shall be zero; (3) the number of visas that shall be allotted to special immigrants under subsection (b)(4) of such section (and to spouses and children of such workers under subsection (d) of such section) in any fiscal year shall not exceed 1,000; and (4) the number of visas that shall be allotted to diversity immigrants under subsection (c) of such section in any fiscal year shall be zero. Nothing in this title shall be construed as imposing any numerical limitation on special immigrants described in subparagraph (A) or (B) of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who may be provided immigrant visas (or who otherwise may acquire the status of an alien lawfully admitted for permanent residence). (b) Limitation on Sponsorship by Certain Aliens.--Notwithstanding any other provision of law, effective October 1, 2006, no visa may be allotted to any immigrant on the basis of a petition by an individual who has filed an application under section 210 or section 245A of the Immigration and Nationality Act (8 U.S.C. 1160, 1255a). (c) Elimination of Preference Categories.--Effective October 1, 2006, no classification petition may be filed or approved, and no alien may be issued an immigration visa number, for the following preference categories: (1) Family preference.--Preference under section 203(a). (2) Employment-based preference.--Preference under section 203(b), other than as an alien described in subparagraph (A) or (B) of section 203(b)(1) or under section 203(b)(5), or under section 203(d) as the spouse or minor child of either such an alien. (3) Diversity.--Preference under section 203(c). (d) Limitation on Granting Immigrant Status.--Effective October 1, 2006, the Secretary of Homeland Security may not accept or approve any petition for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) except for classification by reason of a family relationship described in section 201(b)(2) of such Act (8 U.S.C. 1151(b)(2)) or priority worker or investor status under paragraph (1)(A), (1)(B), or (5) of subsection (b) of section 203 of such Act (8 U.S.C. 1153), or as a spouse or child of such a worker or investor under subsection (d) of such section, or as an alien described in section 201(b)(1)(B) or 201(b)(1)(C) of such Act. SEC. 103. HUMANITARIAN IMMIGRATION. (a) Annual Limitation of 50,000.--Notwithstanding any other provision of law, subject to subsection (b), beginning with fiscal year 2006 the sum of the following shall not exceed 50,000: (1) The number of refugees who are admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) in a fiscal year. (2) The number of admissions made available in such fiscal year to adjust to the status of permanent residence the status of aliens granted asylum under section 209(b) of such Act (8 U.S.C. 1159(b)). (3) The number of aliens whose status is adjusted in such fiscal year under section 646 of the Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), relating to Polish and Hungarian parolees. (4) The number of aliens whose status is adjusted in such fiscal year under section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (relating to Soviet and Indochinese parolees). (5) The number of other aliens whose removal is cancelled (and whose status is adjusted) in such fiscal year under section 240A of such Act (8 U.S.C. 1229b). (6) The number of aliens who are provided lawful permanent resident status in such fiscal year on the basis of a private bill passed by Congress. (b) Exception.--In applying subsection (a), aliens who are spouses or children of citizens of the United States, or who are admitted under the limitations described in section 102, shall not be counted. SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS PROVISIONS. (a) Sunset for IRCA-Related and Certain Other Amnesties.--An alien may not be issued an immigrant visa or otherwise acquire the status of an alien lawfully admitted for permanent residence under any of the following provisions, unless the alien has filed an application for such visa or status on or before the date of the enactment of this Act: (1) Section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a), commonly known as the IRCA legalization program. (2) Section 210 of such Act (8 U.S.C. 1160), commonly known as the agricultural worker amnesty program. (3) Section 249 of such Act (8 U.S.C. 1259), commonly known as registry. (4) Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, relating to Amerasian immigration. (b) Sunset for HRIFA and NACARA Amnesties.--An alien may not be issued an immigrant visa and may not otherwise acquire the status of an alien lawfully admitted for permanent residence under any of the following provisions, unless the alien has filed an application for such visa or status on or before the date of the enactment of this Act: (1) Section 202 of the Nicaraguan Adjustment and Central American Relief Act of 1997 (title II of Public Law 105-100). (2) The Haitian Refugee and Immigration Fairness Act of 1998 (division A of section 101(h) of Public Law 105-277). (c) Immediate Repeal of Cuban-Haitian Adjustment.--An alien may not be issued an immigrant visa and may not otherwise acquire the status of an alien lawfully admitted for permanent residence) under any section 202 of the Immigration Reform and Control Act of 1986, unless the alien has filed an application for such visa or status on or before the date of the enactment of this Act: (d) Immediate Repeal of Lautenberg-Morrison Provisions.--Effective on the date of the enactment of this Act, section 599D of of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is repealed. SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL FOR EXTENSION OF DESIGNATION OF FOREIGN STATES FOR PURPOSES OF TEMPORARY PROTECTED STATUS. Effective on October 1, 2006, the period of designation of a foreign state under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254(b)) may not be extended beyond the initial designation period without the approval of both Houses of Congress. SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATIONS; CONVERSION OF CERTAIN EXISTING IMMIGRANT CLASSIFICATION PETITIONS. (a) Establishment of Nonimmigrant Classifications.--Effective October 1, 2006, the Secretary of Homeland Security shall establish the following new nonimmigrant classifications (under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)): (1) Spouses and minor children of lawful permanent residents.-- (A) In general.--A nonimmigrant classification for an alien who is the spouse or child of an alien lawfully admitted for permanent residence. (B) Period of validity of nonimmigrant visa.--A visa issued for nonimmigrant classification under this paragraph shall be valid for a period of 3 years. Such visa may be renewed indefinitely so long as the principal alien is residing in the United States and the nonimmigrant alien remains the spouse or child of such alien. (C) Subsequent adjustment to lawful permanent resident status as immediate relatives upon naturalization of principal alien.--If the principal alien described in subparagraph (A) becomes a naturalized citizen of the United States, the alien may apply for permanent resident status of such spouse and child as an immediate relative under section 201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)) and, for purposes of making such determination, the age of the child shall be the age of such child as of the date of approval of the nonimmigrant status under subparagraph (A). (2) Parents of adult united states citizens.-- (A) In general.--A nonimmigrant classification for an alien who is the parent of a citizen of the United States if the citizen is at least 21 years of age. (B) Period of validity of nonimmigrant visa.--A visa issued for nonimmigrant classification under this subparagraph shall be valid for a period of 5 years. Such visa may be renewed indefinitely so long as the citizen son or daughter is residing in the United States. (C) Limitations on employment and public benefits and support by petitioning citizen son or daughter.--An alien provided nonimmigrant status under this paragraph is not authorized to be employed in the United States and is not entitled, notwithstanding any other provision of law, to any benefits funded by the Federal Government or any State. In the case of such an alien, the petitioning United States citizen son or daughter shall be responsible for the support of the alien in the United States, regardless of the resources of such alien. (b) Conversion of Current Classification Petitions.-- (1) Family second preference conversions.--In the case of a classification petition under section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) for preference status described in section 203(a)(2)(A) of such Act (8 U.S.C. 1153(a)(2)(A)) for an alien that has been filed before October 1, 2006, as of such date such petition shall be deemed to be a petition for classification of the alien involved as a nonimmigrant under the classification established under subsection (a)(1). (2) Immediate relative petitions for parents.--In the case of a classification petition under section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) for immediate relative status status under section 201(b)(2)(A) of such Act (8 U.S.C. 1151(b)(2)(A)) as the parent of a United States citizen that has been filed before October 1, 2006, as of such date such petition shall be deemed to be a petition for classification of the alien involved as a nonimmigrant under the classification established under subsection (a)(2). TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITIZENSHIP. Notwithstanding any other provision of law, with respect to an individual born after the date of the enactment of this Act, the individual shall not be a national or citizen at birth under section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) unless at least one of the individual's parents is, at the time of birth, a citizen or national of the United States or an alien lawfully admitted for permanent residence. SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE AFFIDAVIT OF ALLEGIANCE TO THE UNITED STATES. (a) In General.--Notwithstanding any other provision of law, no alien shall be provided an immigrant visa or otherwise provided status as an alien lawfully admitted to the United States for permanent residence unless the alien has executed an affidavit of allegiance to the United States that is in a form approved by the Secretary of Homeland Security. (b) Effective Date.--Subsection (a) shall take effect on and after such date, not later than 60 days after the date of the enactment of this Act, as the Secretary of Homeland Security specifies after having approved the form for the affidavit under such section. SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR EMPLOYMENT-BASED IMMIGRANTS. (a) In General.--Notwithstanding any other provision of law, no alien shall be provided an an immigrant visa or otherwise provided status as an alien lawfully admitted to the United States for permanent residence as an employment-based immigrant under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) unless there has been executed an affidavit of support that meets the requirements of section 213A of such Act (8 U.S.C. 1183a) alien has executed an affidavit of allegiance to the United States that is in a form approved by the Secretary of Homeland Security. (b) Effective Date.--Subsection (a) shall apply to visas and lawful permanent residence status provided after the date of the enactment of this Act. SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS FOR AUTOMATIC LOSS OF CITIZENSHIP. (a) In General.--Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended-- (1) by striking the period at the end of paragraph (7) and inserting ``; or''; and (2) by adding at the end the following new paragraph: ``(8) voting in an election in a foreign country.''. (b) Effective Date.--The amendments made by subsection (a) apply to voting occurring after the date of the enactment of this Act. SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED STATES AS NOT DEMONSTRATING GOOD MORAL CHARACTER. (a) In General.--Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following new paragraph: ``(10) one who-- ``(A) at the time good moral character is required to be demonstrated, is unlawfully present in the United States without having been admitted or paroled; ``(B) at the time good moral character is required to be demonstrated, has been inspected and admitted to the United States but gained such admission through fraud or misrepresentation; or ``(C) at any time has been unlawfully present in the United States for an aggregate period of 181 days or more.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to determinations of good moral character made after the date of the enactment of this Act.

Reducing Immigration to a Genuinely Healthy Total (RIGHT) Act of 2005 - Reduces U.S. immigration levels (and visa allotments) for: (1) family-sponsored immigrants to zero; (2) diversity immigrants to zero; and (3) employment-based immigrants. Caps fiscal year humanitarian-related entries at 50,000, which shall include: (1) refugees; (2) assylees; (3) Polish, Hungarian, Soviet, and Indochinese parolees; (4) aliens whose removal is canceled and status adjusted; and (5) aliens provided permanent resident status through private legislation. Eliminates specified legalization and amnesty programs, including: (1) agricultural worker amnesty; (2) Immigration Reform and Control Act (IRCA) legalizations; (3) amnesties under the Nicaraguan Adjustment and Central American Relief Act of 1997, and the Haitian Refugee and Immigration Fairness Act of 1998; and (4) Cuban-Haitian adjustments. Requires congressional approval for extension of designation of foreign states for temporary protected status designations. Establishes as nonimmigrant classifications: (1) spouses and minor children of lawful permanent residents (currently, a preference immigrant classification); and (2) parents of U.S. adult citizens (currently, an immediate relative classification exempt from numerical immigrant limitations). Prohibits automatic citizenship by birth unless at least one of the individual's parents is, at the time of birth, a U.S. citizen or national or an alien lawfully admitted for permanent residence. Makes voting in a foreign election a basis for automatic loss of U.S. citizenship. Sets forth the instances under which illegal U.S. presence by a person shall be considered as not demonstrating good moral character for immigration purposes.

To reform immigration to serve the national interest.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Learning and Opportunity State Grants Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) The first 3 years of life are a critical period of brain development, intellectual growth, and emotional, social, affective, and moral development, that help determine the health and productivity of a child in later life. (2) Scientific research shows that how individuals function from preschool through adolescence and adulthood hinges to a significant extent on the experiences children have in their first 3 years of life. (3) One in 3 victims of physical abuse is a baby less than 1 year of age. (4) In 1993 the National Educational Goals Panel reported that nearly half of infants in the United States do not have what they need to grow and thrive. (5) High-quality care from a parent or other adult is necessary to facilitate growth and development. (6) More than 50 percent of mothers with children less than 1 year of age are working outside the home. (7) Five million children under age 3 are in the care of other adults while their parents work outside the home. (8) Parents of very young children have few child care service options. Many cannot afford to stay home with their children, or to pay for safe, high-quality developmental child care services. (9) Statewide and multistate studies have found that less than 20 percent of child care services for very young children is of good quality; nearly 50 percent is of such substandard quality that it adversely affects such children's development and may put their health and safety at risk. (10) In 1998 the average child care worker earned $14,820, making it difficult to recruit and retain qualified caregivers for infants and toddlers. (11) Families with children less than 3 years of age are the single largest group living in poverty. Twenty-five percent of such children, 3,000,000 children, are living below the poverty line, are at greater risk for malnutrition, poor health, and maltreatment, and are less likely to receive the care they need from parents or other child care service providers to grow and develop normally. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the quality, and to increase the availability, of child care services for children less than 3 years of age, (2) to improve the affordability of child care services available to such children, (3) to improve the quality, and to increase the availability, of services to assist families to nurture such children, and (4) to improve the coordination and effectiveness of existing programs that provide such services to such children and their families. SEC. 4. GRANTS FOR SERVICES. (a) Authority To Make Grants.--The Secretary of Health and Human Services may make grants, on a competitive basis, to eligible States to improve the quality, and to increase the availability, of child care services for very young children and of support services for the families of such children. (b) Priority.--For the purpose of making grants under subsection (a), the Secretary shall give priority to eligible States to the extent that such State, as demonstrated in the application for a grant under such subsection-- (1) will minimize the administrative costs to be incurred to carry out the plan contained in such application, (2) has coordinated the activities described in the plan contained in such application, with providers of child care services for children between 3 and 6 years of age, and with providers of family support services for families of such children, located in the State, (3) has taken substantial legislative or executive action to reduce the duplication of, and barriers to providing, such services, and (4) during the fiscal year for which such grant is received, will reimburse such providers for such services at rates that reflect-- (A) the higher costs incurred by such providers who are accredited by national association that provides accreditation for providers of the respective types of such services and that is recognized by the Secretary, and (B) the higher costs incurred by such providers to provide child care services to children who are very young children. SEC. 5. ELIGIBILITY FOR GRANTS. To be eligible to receive a grant under section 4, a State shall submit to the Secretary an application that satisfies the following requirements: (1) Such application is prepared by the State after consultation with providers of child care services for very young children, and with providers of family support services for families of such children, located in the State. (2) Such application contains a plan that describes how the State will expend such grant to do 1 or more of the following: (A) To improve quality of child care services. (B) To improve licensing standards applicable to providers of child care services for very young children in the State by specifying matters that apply to providing child care services, such as child-to- staff ratios, group size, staff preparation and qualifications, ongoing staff training, health and safety, and linkages to parents and community services. (C) To improve enforcement of licensing standards applicable to providers of child care services for care for very young children in the State. (D) To improve compensation for caregivers of such child care services. (E) To support ongoing and more advanced training for such caregivers (including training to provide child care services for children with special needs) and to create incentives for individuals to obtain, and child care centers to employ individuals who have obtained, more advanced training in providing child care services. (F) To improve accessibility to and quality of child care services for very young children, including improving the quality of, and expanding the availability of, resource and referral services and transportation services for families with very young children. (G) To expand the supply and quality of infant care, including creating and supporting family child care networks, recruiting family child care providers, and expanding slots for infants and toddlers in other child care settings. (H) To support child care networks that can provide on-going support for child care providers of infants and toddlers. (I) To provide resource and referral services to enable child care providers to hire infant and toddler specialists. (J) To improve affordability of child care services for very young children. (K) To improve and expand support services to families with very young children. (L) To improve coordination of existing Federal and State programs that provide support services for families with very young children. (3) Such application shall contain assurances that-- (i) not more than 70 percent of the cost of carrying out the plan contained in such application will be paid with such grant together with any other available Federal funds, (ii) such grant will be used to supplement, not supplant, non-Federal funds otherwise available to provide child care services for very young children and support services for the families of such children, (iii) the State will expend in cash or in kind, from State resources (including private contributions and excluding resources available to local governmental entities) an amount not less than 30 percent of the amount of such grant, and (iv) such grant will be administered by the lead agency that is designated by the State under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b). (4) Such application shall contain such other information and assurances as the Secretary may require by rule. SEC. 6. MODEL TRAINING PROGRAM FOR EMPLOYEES OF CHILD CARE PROVIDERS. The Secretary shall-- (1) by adapting the requirements in effect under section 1792(a) of title 10, United States Code, develop a voluntary model training program applicable to individuals who are employed as caregivers for infants and toddlers by providers of child care services, (2) make available to providers of child care services and Head Start agencies the model training code developed under paragraph (1), and (3) provide to such agencies and such providers technical assistance to implement such program. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Caregiver.--The term ``caregiver'' means an individual who provides a service directly to a child on a person-to- person basis. (2) Family support services.--The term ``family support services'' means community-based activities designed to promote parental competencies and behaviors that will increase the ability of families to successfully nurture their children. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Very young children.--The term ``very young children'' means children who are less than 3 years of age. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $500,000,000 for fiscal year 2001, $750,000,000 for fiscal year 2002, $1,000,000,000 for each of the fiscal years 2003, 2004, and 2005.

Directs the Secretary to: (1) develop a voluntary model training program for employees of child care providers; (2) make available to Head Start agencies and child care providers the code developed for such model training program; and (3) provide technical assistance to such agencies and providers to implement it. Authorizes appropriations.

Early Learning and Opportunity State Grants Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Passenger Disaster Family Assistance Act of 1999''. SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Subchapter III of chapter 11 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 1137. Assistance to families of passengers involved in rail passenger accidents ``(a) In General.--As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall-- ``(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and ``(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident. ``(b) Responsibilities of the Board.--The Board shall have primary Federal responsibility for-- ``(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and ``(2) communicating with the families of passengers involved in the accident as to the roles of-- ``(A) the organization designated for an accident under subsection (a)(2); ``(B) Government agencies; and ``(C) the rail passenger carrier involved, with respect to the accident and the post-accident activities. ``(c) Responsibilities of Designated Organization.--The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident: ``(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved. ``(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private. ``(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed. ``(4) To arrange a suitable memorial service, in consultation with the families. ``(d) Passenger Lists.-- ``(1) Requests for passenger lists.-- ``(A) Requests by director of family support services.--It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the rail passenger carrier's train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident. ``(B) Requests by designated organization.--The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a list described in subparagraph (A). ``(2) Use of information.--The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. ``(e) Continuing Responsibilities of the Board.--In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident-- ``(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and ``(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident. ``(f) Use of Rail Passenger Carrier Resources.--To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier. ``(g) Prohibited Actions.-- ``(1) Actions to impede the board.--No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another. ``(2) Unsolicited communications.--No unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident. ``(3) Prohibition on actions to prevent mental health and counseling services.--No State or political subdivision may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Rail passenger accident.--The term `rail passenger accident' means any rail passenger disaster occurring in the provision of-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause. ``(2) Rail passenger carrier.--The term `rail passenger carrier' means a rail carrier providing-- ``(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ``(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, except that such term shall not include a tourist, historic, scenic, or excursion rail carrier. ``(3) Passenger.--The term `passenger' includes-- ``(A) an employee of a rail passenger carrier aboard a train; ``(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and ``(C) any other person injured or killed in the accident. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 1136 the following: ``1137. Assistance to families of passengers involved in rail passenger accidents.''. SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. (a) In General.--Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 251--FAMILY ASSISTANCE ``Sec. ``25101. Plans to address needs of families of passengers involved in rail passenger accidents. ``Sec. 25101. Plans to address needs of families of passengers involved in rail passenger accidents ``(a) Submission of Plans.--Not later than 6 months after the date of the enactment of this section, each rail passenger carrier shall submit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a train of the rail passenger carrier and resulting in a major loss of life. ``(b) Contents of Plans.--A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following: ``(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers. ``(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1137(a)(2) of this title or the services of other suitably trained individuals. ``(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person. ``(4) An assurance that the rail passenger carrier will provide to the director of family support services designated for the accident under section 1137(a)(1) of this title, and to the organization designated for the accident under section 1137(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident. ``(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier. ``(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the rail passenger carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. ``(7) An assurance that any unclaimed possession of a passenger within the control of the rail passenger carrier will be retained by the rail passenger carrier for at least 18 months. ``(8) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument. ``(9) An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. ``(10) An assurance that the rail passenger carrier will work with any organization designated under section 1137(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident. ``(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1137(a)(2) of this title for services provided by the organization. ``(12) An assurance that the rail passenger carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. ``(13) An assurance that the rail passenger carrier will commit sufficient resources to carry out the plan. ``(14) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident. ``(15) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger's name appeared on any preliminary passenger manifest for the train involved in the accident. ``(c) Limitation on Liability.--A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct. ``(d) Definitions.--In this section-- ``(1) the terms `rail passenger accident' and `rail passenger carrier' have the meanings such terms have in section 1137 of this title; and ``(2) the term `passenger' means a person aboard a rail passenger carrier's train that is involved in a rail passenger accident. ``(e) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.''. (b) Conforming Amendment.--The table of chapters for subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 249 the following new item: ``251. FAMILY ASSISTANCE................................... 25101''. Passed the House of Representatives October 4, 1999. Attest: JEFF TRANDAHL, Clerk.

Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.

Rail Passenger Disaster Family Assistance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Federal File Sharing Act''. SEC. 2. REQUIREMENTS. (a) Updated Guidance on Use of Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, after consultation with the Federal Chief Information Officers Council, shall issue guidance on the use of peer-to-peer file sharing software-- (1) to prohibit the download, installation, or use by Government employees and contractors of open-network peer-to- peer file sharing software on all Federal computers, computer systems, and networks, including those operated by contractors of the Government, unless such software is approved in accordance with procedures under subsection (b); and (2) to address the download, installation, or use by Government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing Federal computers, computer systems, and networks, including those operated by contractors of the Government. (b) Approval Process for Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a procedure by which the Director, in consultation with the Chief Information Officer, may receive requests from heads of agencies or chief information officers of agencies for approval for use by Government employees and contractors of specific open-network peer-to-peer file sharing software programs that are-- (1) necessary for the day-to-day business operations of the agency; (2) instrumental in completing a particular task or project that directly supports the agency's overall mission; (3) necessary for use between, among, or within Federal, State, or local government agencies in order to perform official agency business; or (4) necessary for use during the course of a law enforcement investigation. (c) Agency Responsibilities.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) direct agencies to establish or update personal use policies of the agency to be consistent with the guidance issued pursuant to subsection (a); (2) direct agencies to require any contract awarded by the agency to include a requirement that the contractor comply with the guidance issued pursuant to subsection (a) in the performance of the contract; (3) direct agencies to update their information technology security or ethics training policies to ensure that all employees, including those working for contractors of the Government, are aware of the requirements of the guidance required by subsection (a) and the consequences of engaging in prohibited conduct; and (4) direct agencies to ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited by the guidance issued pursuant to subsection (a) from all Federal computers, computer systems, and networks, including those operated by contractors of the Government. SEC. 3. ANNUAL REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of this Act, including-- (1) a justification for each open-network peer-to-peer file sharing software program that is approved under subsection (b); and (2) an inventory of the agencies where such programs are being used. (b) Rule of Construction.--Nothing in this section shall be construed to require the disclosure of any information relating to any confidential Government operation or investigation, including any law enforcement, national security, or terrorism investigation. SEC. 4. DEFINITIONS. In this Act: (1) Agency.--The term ``agency''-- (A) means any executive department, military department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; and (B) includes Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities. (2) Open-network.--The term ``open-network'', with respect to software, means a network in which-- (A) access is granted freely, without limitation or restriction; or (B) there are little or no security measures in place. (3) Peer-to-peer file sharing software.--The term ``peer- to-peer file sharing software''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the computer on which such program is installed to be designated as available for searching and copying to one or more other computers; (ii) the searching of files on the computer on which such program is installed and the copying of any such file to another computer-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the computer on which such program is installed; and (II) without requiring an owner or authorized user of the computer on which such program is installed to have selected or designated another computer as the recipient of any such file; and (iii) an owner or authorized user of the computer on which such program is installed to search files on one or more other computers using the same or a compatible program, application, or software, and copy such files to such owner or user's computer; and (B) does not include a program, application, or software designed primarily-- (i) to operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) to provide network or computer security (including the detection or prevention of fraudulent activities), network management, maintenance, diagnostics, or technical support or repair. (4) Contractor.--The term ``contractor'' means a prime contractor or a subcontractor, as defined by the Federal Acquisition Regulation.

Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act; and (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks. Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission. Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited. Provides that nothing in this Act shall be construed to require the disclosure of any information relating to any confidential government operation or investigation.

A bill to require the Director of the Office of Management and Budget to issue guidance on the use of peer-to-peer file sharing software to prohibit the personal use of such software by Government employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Adoption Act of 2015''. SEC. 2. BROADBAND LIFELINE ASSISTANCE PROGRAM. Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j)) is amended to read as follows: ``(j) Lifeline Assistance.-- ``(1) In general.--Nothing in this section, other than paragraph (2) of this subsection, shall affect the collection, distribution, or administration of the Lifeline program of the Commission set forth under sections 54.400 through 54.417 of title 47, Code of Federal Regulations, or any successor thereto. ``(2) Broadband lifeline assistance program.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `broadband Internet access service' has the meaning given that term under section 8.11(a) of title 47, Code of Federal Regulations, or any successor thereto; ``(ii) the terms `duplicative support' and `qualifying low-income consumer' have the meanings given those terms in section 54.400 of title 47, Code of Federal Regulations, or any successor thereto; ``(iii) the term `Lifeline program' means the Lifeline program of the Commission set forth under sections 54.400 through 54.417 of title 47, Code of Federal Regulations, or any successor thereto; and ``(iv) the term `participating broadband Internet access service provider' means a provider of broadband Internet access service that elects to participate in the Lifeline program to provide broadband Internet access service to qualifying low-income consumers under the final rule adopted under subparagraph (C)(i). ``(B) Purpose.--The purpose of this paragraph is to promote the adoption of broadband Internet access service by all people of the United States while recognizing that the price of broadband Internet access service is one of the barriers to adoption for low- income households. ``(C) Establishment.-- ``(i) In general.--Not later than 270 days after the date of enactment of the Broadband Adoption Act of 2015, the Commission shall adopt a final rule establishing Lifeline support under the Lifeline program for broadband Internet access service to enable qualifying low-income consumers in urban and rural areas to purchase broadband Internet access service at reduced charges by reimbursing participating broadband Internet access service providers for each such consumer served. ``(ii) Model.--The final rule adopted under clause (i) shall provide that a qualifying low- income consumer may elect to apply Lifeline support under the Lifeline program to basic telephone service, voice telephony service, or broadband Internet access service, regardless of whether the service is purchased as a stand- alone service or as part of a bundle of services. ``(iii) Digital literacy program.--The Commission shall consider providing a preference to a participating broadband Internet access service provider that includes components involving digital literacy programs as part of the offerings of the participating broadband Internet access service provider. ``(D) State funds.--The Commission shall consult with the Federal-State Joint Board instituted under subsection (a)(1) regarding ways to encourage States to develop programs that would work in conjunction with the Lifeline program. ``(E) Amount of support.-- ``(i) In general.--In calculating the amount of Lifeline support to be provided to each qualifying low-income consumer under the final rule adopted under subparagraph (C)(i), the Commission shall routinely study-- ``(I) the prevailing market price for broadband Internet access service; ``(II) the prevailing speed of broadband Internet access service adopted by households; and ``(III) the prevailing broadband usage patterns of residential consumers. ``(ii) Information.--In carrying out clause (i), the Commission shall rely on information that-- ``(I) the Commission routinely collects; or ``(II) is publicly available. ``(F) Technology neutral.-- ``(i) In general.--To promote competition from service providers to qualify under the Lifeline program, the Commission shall ensure that the final rule adopted under subparagraph (C)(i) is neutral as to the types of technology used to provide voice telephony or broadband Internet access service under the Lifeline program. ``(ii) Authorization.--A participating broadband Internet access service provider-- ``(I) shall not be required to be an eligible telecommunications carrier (as designated under section 214(e)) to receive support under the Lifeline program; and ``(II) shall obtain authorization from the Commission in order to participate in the Lifeline program. ``(G) Accountability.-- ``(i) Nonduplication.--The final rule adopted under subparagraph (C)(i) shall incorporate regulations of the Commission in effect on the date of enactment of this Act that prevent the receipt of duplicative support under the Lifeline program. ``(ii) Preventing waste, fraud, or abuse.-- In promulgating regulations to carry out this paragraph, the Commission shall consider any appropriate measures to prevent any waste, fraud, or abuse in the administration of the Lifeline program. ``(iii) Eligibility.--The Commission, in consultation with other relevant Federal agencies, shall establish a national database to determine qualifying low-income consumer eligibility for Lifeline program subsidies. ``(H) Evaluation reports.--Not later than 1 year after the Commission adopts the final rule under subparagraph (C)(i), and every year thereafter, the Commission shall conduct an evaluation and issue a report on the performance of the Lifeline program during the 12-month period preceding the date on which each report is issued. ``(I) GAO study.--Not later than 1 year after the Commission adopts the final rule under subparagraph (C)(i), the Comptroller General of the United States shall conduct a study and issue a report on the performance of the Lifeline support provided under the Lifeline program for broadband Internet access service. ``(3) Clarification of authority.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law, including the authority to promulgate regulations to promote the adoption of broadband service by low-income households in the United States.''.

Broadband Adoption Act of 2015 Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to adopt a final rule establishing support under the Universal Service Fund Lifeline Assistance Program for qualifying low-income consumers in urban and rural areas to purchase broadband Internet access service at reduced charges by reimbursing participating providers for each such consumer served. Requires the program to allow qualifying consumers to elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband Internet access service, regardless of whether the service is purchased as a stand-alone service or in a bundle. Directs the FCC to consult with the federal-state joint board on universal service regarding ways to encourage states to develop programs in conjunction with the Lifeline program. Requires the program to be technology neutral to promote competition from service providers. Requires participating broadband Internet access service providers to obtain FCC authorization to participate in the Lifeline program, but a provider is not required to be an eligible telecommunications carrier to receive support under the program. Directs the FCC to: (1) adopt regulations to prevent receipt of duplicative support under the Lifeline program, and (2) establish a national database to determine consumer eligibility.

Broadband Adoption Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Claims Assistance Act of 2000''. SEC. 2. CLARIFICATION OF DEFINITION OF ``CLAIMANT'' FOR PURPOSES OF VETERANS CLAIMS. Chapter 51 of title 38, United States Code, is amended by inserting before section 5101 the following new section: ``Sec. 5100. Definition of `claimant' ``For purposes of this chapter, the term `claimant' means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.''. SEC. 3. ASSISTANCE TO CLAIMANTS. (a) Reaffirmation and Clarification of Duty To Assist.--Chapter 51 of title 38, United States Code, is further amended by striking sections 5102 and 5103 and inserting the following: ``Sec. 5102. Application forms furnished upon request; notice to claimants of incomplete applications ``(a) Furnishing Forms.--Upon request made by any person claiming or applying for, or expressing an intent to claim or apply for, a benefit under the laws administered by the Secretary, the Secretary shall furnish such person, free of all expense, all instructions and forms necessary to apply for that benefit. ``(b) Incomplete Applications.--If a claimant's application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant's representative, if any, of the information necessary to complete the application. ``Sec. 5103. Notice to claimants of required information and evidence ``(a) Required Information and Evidence.--Upon receipt of a complete or substantially complete application, the Secretary shall notify the claimant and the claimant's representative, if any, of any information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim. As part of that notice, the Secretary shall indicate which portion of that information and evidence, if any, is to be provided by the claimant and which portion, if any, the Secretary, in accordance with section 5103A of this title and any other applicable provisions of law, will attempt to obtain on behalf of the claimant. ``(b) Time Limitation.--(1) In the case of information or evidence that the claimant is notified under subsection (a) is to be provided by the claimant, if such information or evidence is not received by the Secretary within 1 year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits. ``Sec. 5103A. Duty to assist claimants ``(a) Duty To Assist.--(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit under a law administered by the Secretary. ``(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim. ``(3) The Secretary may defer providing assistance under this section pending the submission by the claimant of essential information missing from the claimant's application. ``(b) Assistance in Obtaining Records.--(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain. ``(2) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall-- ``(A) identify the records the Secretary is unable to obtain; ``(B) briefly explain the efforts that the Secretary made to obtain those records; and ``(C) describe any further action to be taken by the Secretary with respect to the claim. ``(3) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection or subsection (c), the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile. ``(c) Obtaining Records for Compensation Claims.--In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (b) shall include obtaining the following records if relevant to the claim: ``(1) The claimant's service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant's active military, naval, or air service that are held or maintained by a governmental entity. ``(2) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records. ``(3) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain. ``(d) Medical Examinations for Compensation Claims.--(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim. ``(2) The Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)-- ``(A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and ``(B) indicates that the disability or symptoms may be associated with the claimant's active military, naval, or air service; but ``(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim. ``(e) Regulations.--The Secretary shall prescribe regulations to carry out this section. ``(f) Rule With Respect to Disallowed Claims.--Nothing in this section shall be construed to require the Secretary to reopen a claim that has been disallowed except when new and material evidence is presented or secured, as described in section 5108 of this title. ``(g) Other Assistance Not Precluded.--Nothing in this section shall be construed as precluding the Secretary from providing such other assistance under subsection (a) to a claimant in substantiating a claim as the Secretary considers appropriate.''. (b) Reenactment of Rule for Claimant's Lacking a Mailing Address.-- Chapter 51 of such title is further amended by adding at the end the following new section: ``Sec. 5126. Benefits not to be denied based on lack of mailing address ``Benefits under laws administered by the Secretary may not be denied a claimant on the basis that the claimant does not have a mailing address.''. SEC. 4. DECISION ON CLAIM. Section 5107 of title 38, United States Code, is amended to read as follows: ``Sec. 5107. Claimant responsibility; benefit of the doubt ``(a) Claimant Responsibility.--Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. ``(b) Benefit of the Doubt.--The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.''. SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FURNISHED BY OTHER FEDERAL DEPARTMENTS AND AGENCIES. Section 5106 of title 38, United States Code, is amended by adding at the end the following new sentence: ``The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.''. SEC. 6. CLERICAL AMENDMENTS. The table of sections at the beginning of chapter 51 of title 38, United States Code, is amended-- (1) by inserting before the item relating to section 5101 the following new item: ``5100. Definition of `claimant'.''; (2) by striking the items relating to sections 5102 and 5103 and inserting the following: ``5102. Application forms furnished upon request; notice to claimants of incomplete applications. ``5103. Notice to claimants of required information and evidence. ``5103A. Duty to assist claimants.''; (3) by striking the item relating to section 5107 and inserting the following: ``5107. Claimant responsibility; benefit of the doubt.''; and (4) by adding at the end the following new item: ``5126. Benefits not to be denied based on lack of mailing address.''. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as specifically provided otherwise, the provisions of section 5107 of title 38, United States Code, as amended by section 4 of this Act, apply to any claim-- (1) filed on or after the date of the enactment of this Act; or (2) filed before the date of the enactment of this Act and not final as of that date. (b) Rule for Claims the Denial of Which Became Final After the Court of Appeals for Veterans Claims Decision in the Morton Case.--(1) In the case of a claim for benefits denied or dismissed as described in paragraph (2), the Secretary of Veterans Affairs shall, upon the request of the claimant or on the Secretary's own motion, order the claim readjudicated under chapter 51 of such title, as amended by this Act, as if the denial or dismissal had not been made. (2) A denial or dismissal described in this paragraph is a denial or dismissal of a claim for a benefit under the laws administered by the Secretary of Veterans Affairs that-- (A) became final during the period beginning on July 14, 1999, and ending on the date of the enactment of this Act; and (B) was issued by the Secretary of Veterans Affairs or a court because the claim was not well grounded (as that term was used in section 5107(a) of title 38, United States Code, as in effect during that period). (3) A claim may not be readjudicated under this subsection unless a request for readjudication is filed by the claimant, or a motion is made by the Secretary, not later than 2 years after the date of the enactment of this Act. (4) In the absence of a timely request of a claimant under paragraph (3), nothing in this Act shall be construed as establishing a duty on the part of the Secretary of Veterans Affairs to locate and readjudicate a claim described in this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires, in the case of a veteran's claim for disability compensation, the Secretary to: (1) obtain the claimant's service medical records and, if the claimant has furnished sufficient information, other relevant service records, existing records of relevant medical treatment or examination at Department of Veterans Affairs health care facilities or at the expense of the Department, and any other relevant records held by a Federal department or agency; and (2) provide a medical examination or obtain a medical opinion when the evidence indicates that the claimant has a current disability, or persistent or recurrent symptoms of disability, which may be associated with active military service, but does not contain sufficient medical evidence for the Secretary to make a decision on the claim.(Sec. 4) Places on the claimant the burden of proving entitlement to benefits (currently, of submitting evidence to justify a belief by a fair and impartial individual that the claim is well grounded).(Sec. 5) Requires the Federal department or agency providing information under this Act to bear its costs.(Sec. 7) Provides for: (1) the applicability of provisions of this Act concerning the burden of proof to claims filed before, or not final as of, the date of enactment of this Act; and (2) the readjudication of claims for benefits that were denied, because the claims were not well grounded, during the period between July 14, 1999, and this Act's enactment date.

Veterans Claims Assistance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rio Grande Pueblos Irrigation Infrastructure Improvement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including the Rio Grande Basin in New Mexico; (2) a report developed by the Bureau of Reclamation and the Bureau of Indian Affairs in 2000 identified a serious need for the rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos; (3) inspection of existing irrigation infrastructure of the Rio Grande Pueblos shows that many key facilities, such as diversion structures and main conveyance ditches, are unsafe and barely, if at all, operable; (4) the benefits of rehabilitating and repairing irrigation infrastructure of the Rio Grande Pueblos include-- (A) water conservation; (B) extending available water supplies; (C) increased agricultural productivity; (D) economic benefits; (E) safer facilities; and (F) the preservation of the culture of Indian Pueblos in the State; (5) certain Indian Pueblos in the Rio Grande Basin receive water from facilities operated or owned by the Bureau of Reclamation; and (6) rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos would improve-- (A) overall water management by the Bureau of Reclamation; and (B) the ability of the Bureau of Reclamation to help address potential water supply conflicts in the Rio Grande Basin. SEC. 3. DEFINITIONS. In this Act: (1) 2004 agreement.--The term ``2004 Agreement'' means the agreement titled ``Agreement By and Between the United States of America and the Middle Rio Grande Conservancy District, Providing for the Payment of Operation and Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande Valley, New Mexico'' and executed in September 2004 (including any successor agreements and amendments to the agreement). (2) Designated engineer.--The term ``designated engineer'' means a Federal employee designated under the Act of February 14, 1927 (69 Stat. 1098, chapter 138), to represent the United States in any action involving the maintenance, rehabilitation, or preservation of the condition of any irrigation structure or facility on land located in the Six Middle Rio Grande Pueblos. (3) District.--The term ``District'' means the Middle Rio Grande Conservancy District, a political subdivision of the State established in 1925. (4) Pueblo irrigation infrastructure.--The term ``Pueblo irrigation infrastructure'' means any diversion structure, conveyance facility, or drainage facility located on land of a Rio Grande Pueblo that is associated with the delivery of water for the irrigation of agricultural land. (5) Rio grande basin.--The term ``Rio Grande Basin'' means the headwaters of the Rio Chama and the Rio Grande Rivers (including any tributaries) from the State line between Colorado and New Mexico downstream to the elevation corresponding with the spillway crest of Elephant Butte Dam at 4,457.3 feet mean sea level. (6) Rio grande pueblo.--The term ``Rio Grande Pueblo'' means any of the 18 Pueblos that-- (A) occupy land in the Rio Grande Basin; and (B) are included on the list of federally recognized Indian tribes published by the Secretary in accordance with section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) Six middle rio grande pueblos.--The term ``Six Middle Rio Grande Pueblos'' means each of the Pueblos of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta. (9) Special project.--The term ``special project'' has the meaning given the term in the 2004 Agreement. (10) State.--The term ``State'' means the State of New Mexico. SEC. 4. IRRIGATION INFRASTRUCTURE STUDY. (a) Study.--The Secretary, in accordance with consultation requirements under subsection (c), shall-- (1) conduct a study of Pueblo irrigation infrastructure; and (2) based on the results of the study, develop a list of projects (including a cost estimate for each project) that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure. (b) Consideration of Factors; Priority.--In developing the list of projects under subsection (a)(2), the Secretary shall prioritize the projects recommended for implementation based on consideration of the following factors: (1) The extent of disrepair of the Pueblo irrigation infrastructure. (2) The effect of the disrepair on the ability of the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure. (3) The extent that the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would provide an opportunity to conserve water. (4) The economic and cultural impacts that the disrepair of the Pueblo irrigation infrastructure has on the applicable Rio Grande Pueblo. (5) The economic and cultural benefits that the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would have on the applicable Rio Grande Pueblo. (6) The opportunity to address water supply or environmental conflicts in the applicable river basin if the Pueblo irrigation infrastructure is repaired, rehabilitated, or reconstructed. (7) The overall benefits of the project to efficient water operations on the land of the applicable Rio Grande Pueblo. (c) Consultation.-- (1) In conducting study.--Not later than 3 months after funds are made available for this Act, the Secretary shall notify each Rio Grande Pueblo, in writing, that-- (A) the Secretary shall be conducting the study required by subsection (a)(1); (B) the Pueblo is invited to consult with the Secretary regarding the study; and (C) the Pueblo shall only be eligible to consult if, not more than 3 months after recieving notice from the Secretary, the Pueblo notifies the Secretary, in writing, of the Pueblo's intent to consult. (2) In developing list of projects.--In developing the list of projects under subsection (a)(2), the Secretary shall consult with the Director of the Bureau of Indian Affairs (including the designated engineer with respect to each proposed project that affects the Six Middle Rio Grande Pueblos), the Chief of the Natural Resources Conservation Service, and the Chief of Engineers to evaluate the extent to which programs under the jurisdiction of the respective agencies may be used-- (A) to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and (B) to implement-- (i) a project recommended for implementation under subsection (a)(2); or (ii) any other related project (including on-farm improvements) that may be appropriately coordinated with the repair, rehabilitation, or reconstruction of Pueblo irrigation infrastructure to improve the efficient use of water in the Rio Grande Basin. (d) Report.--Not later than 18 months after funds are made available for this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report that includes-- (1) the list of projects recommended for implementation under subsection (a)(2); and (2) any findings of the Secretary with respect to-- (A) the study conducted under subsection (a)(1); (B) the consideration of the factors under subsection (b); and (C) the consultations under subsection (c). (e) Biennial Review.--Not later than 2 years after the date on which the Secretary submits the report under subsection (d) and biennially thereafter, the Secretary, in consultation with each Rio Grande Pueblo, shall-- (1) review the report submitted under subsection (d); and (2) update the list of projects described in subsection (d)(1) in accordance with each factor described in subsection (b), as the Secretary determines to be appropriate. SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS. (a) In General.--The Secretary may provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to plan, design, construct, or otherwise implement projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure that are recommended for implementation under section 4(a)(2)-- (1) to increase water use efficiency and agricultural productivity for the benefit of a Rio Grande Pueblo; (2) to conserve water; or (3) to otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin. (b) Limitation.--Assistance provided under subsection (a) shall not be used for-- (1) the repair, rehabilitation, or reconstruction of any major impoundment structure; (2) any on-farm improvements; or (3) the rehabilitation of any Pueblo irrigation infrastructure for the purpose of irrigating Rio Grande Pueblo land that has not been historically irrigated. (c) Consultation.--In carrying out a project under subsection (a), the Secretary shall-- (1) consult with, and obtain the approval of, the applicable Rio Grande Pueblo; (2) consult with the Director of the Bureau of Indian Affairs; and (3) as appropriate, coordinate the project with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. (d) Cost-Sharing Requirement.-- (1) Federal share.-- (A) In general.--Except as provided in subparagraph (B), the Federal share of the total cost of carrying out a project under subsection (a) shall be not more than 75 percent. (B) Exception.--The Secretary may waive or limit the non-Federal share required under subparagraph (A) if the Secretary determines, based on a demonstration of financial hardship by the Rio Grande Pueblo, that the Rio Grande Pueblo is unable to contribute the required non-Federal share. (2) District contributions.-- (A) In general.--The Secretary may accept from the District a partial or total contribution toward the non-Federal share required for a project carried out under subsection (a) on land located in any of the Six Middle Rio Grande Pueblos if the Secretary determines that the project is a special project. (B) Limitation.--Nothing in subparagraph (A) requires the District to contribute to the non-Federal share of the cost of a project carried out under subsection (a). (3) State contributions.-- (A) In general.--The Secretary may accept from the State a partial or total contribution toward the non- Federal share for a project carried out under subsection (a). (B) Limitation.--Nothing in subparagraph (A) requires the State to contribute to the non-Federal share of the cost of a project carried out under subsection (a). (4) Form of non-federal share.--The non-Federal share under paragraph (1)(A) may be in the form of in-kind contributions, including the contribution of any valuable asset or service that the Secretary determines would substantially contribute to a project carried out under subsection (a). (e) Operation and Maintenance.--The Secretary may not use any amount made available under section 8(b) for operation or maintenance of any project carried out under subsection (a). SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES. Nothing in this Act-- (1) affects any existing project-specific funding authority; or (2) limits or absolves the United States from any responsibility to any Rio Grande Pueblo (including any responsibility arising from a trust relationship or from any Federal law (including regulations), Executive order, or agreement between the Federal Government and any Rio Grande Pueblo). SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW. (a) Pueblo Water Rights.--Nothing in this Act (including the implementation of any project carried out in accordance with this Act) affects the right of any Pueblo to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law. (b) State Water Law.--Nothing in this Act preempts or affects-- (1) State water law; or (2) an interstate compact governing water. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Study.--There is authorized to be appropriated $4,000,000 to carry out section 4. (b) Projects.--There is authorized to be appropriated $6,000,000 for each of fiscal years 2010 through 2019 to carry out section 5.

Rio Grande Pueblos Irrigation Infrastructure Improvement Act - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) conduct a study of irrigation infrastructure for 18 Rio Grande Pueblos in New Mexico; and (2) develop a list of projects recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct such infrastructure. Directs the Secretary, in developing that list, to prioritize the projects recommended for implementation based on consideration of specified factors, including the extent of disrepair of the infrastructure, economic and cultural impacts of such disrepair, and overall benefits of the project to efficient water operations. Authorizes the Secretary (subject to specified limitations) to provide grants to the Pueblos to plan, design, construct, or otherwise implement recommended projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure to: (1) increase water use efficiency and agricultural productivity for the benefit of a Pueblo; (2) conserve water; or (3) otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin. Sets the federal share of the project's cost at 75%, with an exception based on financial hardship. Provides that nothing in this Act shall affect existing project-specific authority, U.S. responsibilities to any such Pueblo, Pueblo water rights, state water law, or an interstate compact governing water.

To direct the Secretary of the Interior, acting through the Commissioner of Reclamation, to assess the irrigation infrastructure of the Rio Grande Pueblos in the State of New Mexico and provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Training Center for Minority Museum, Archives, and Historic Preservation Professionals Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) By a law enacted in 1980, the National Afro-American History and Culture Commission was established to develop plans for the construction and operation of the National Center for the Study of Afro-American History and Culture (now known as the National Afro-American Museum and Cultural Center). (2) The Museum was constructed at Wilberforce, Ohio, and opened to the public in April 1988. (3) It was the intent of Congress, and the understanding of the State of Ohio, that the Federal Government would assist the State by providing funds for construction and development of the Museum as a joint Federal-State project, yet this partnership was not clarified in the original legislation. (4) The State of Ohio has assumed almost exclusive financial responsibility for the Museum thus far. (5) There is a gross underrepresentation of minority museum, archives, and historic preservation professionals in our Nation's museums, archives, and historic preservation offices, which results in the failure to preserve important artifacts, manuscripts, and sites related to minority history and culture. (6) The State of Ohio has gone as far as it can without tangible Federal assistance and needs Federal funds for construction of a center at the Museum to be used to train minority museum, archives, and historic preservation professionals for our Nation's museums, archives, and historic preservation offices. (7) Public Law 101-628 instructs the National Park Service to develop a range of concepts to preserve, interpret and commemorate the Underground Railroad story. During the 19th Century, the State of Ohio and its citizens played major roles in helping escaped slaves to freedom via the Underground Railroad. Wilberforce, Ohio was an important station among a network of stations in Ohio. (b) Purposes.--In order to meet the charge of the original legislation, the purposes of this Act are-- (1) to authorize the appropriation of funds for construction and maintenance of the National Training Center at the National Afro-American Museum and Cultural Center at Wilberforce, Ohio; (2) to authorize the establishment of a Board of Governors of the National Afro-American Museum and Cultural Center jointly with the State of Ohio; and (3) to authorize an interpretative and research center to preserve, interpret and commemorate the Underground Railroad story. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Board of governors.--The term ``Board of Governors'' means the Board of Governors of the National Afro-American Museum and Cultural Center established pursuant to section 6. (2) Director.--The term ``Director'' means the Director of the National Park Service. (3) Museum.--The term ``Museum'' means the National Afro- American Museum and Cultural Center. SEC. 4. NATIONAL TRAINING CENTER CONSTRUCTION AND OPERATIONS AND MAINTENANCE. The Director shall-- (1) construct, jointly with the State of Ohio, a National Training Center at the Museum which will prepare professionals for our Nation's museums, archives, and historic preservation offices; and (2) through the Board of Governors established pursuant to section 6, provide for the operation and maintenance of the Museum and provide for technical assistance to the Museum. SEC. 5. MINORITY MUSEUM PROFESSIONAL STUDIES. The Secretary of Education, acting through the Board of Governors, shall-- (1) contract with a consortium of institutions of higher education to implement a graduate degree program to train minorities in museum, archives, and historic preservation studies at the Museum; (2) offer annual seminars in museum, archival, and historic preservation practices and periodic workshops, in conjunction with the African American Museums Association and other professional organizations, to serve the needs of minority museum professionals; and (3) provide scholarships and loans for students and professionals in the studies established under paragraphs (1) and (2). SEC. 6. BOARD OF GOVERNORS OF MUSEUM. (a) Establishment.--The Secretary of Education and the Director are authorized to establish jointly with the State of Ohio a Board of Governors of the National Afro-American Museum and Cultural Center which meets the requirements of subsection (b) and which has the authority to carry out the duties, responsibilities, and authorities required by this Act. (b) Requirements for Board of Governors.--The requirements for the Board of Governors referred to in subsection (a) are as follows: (1) Number and appointment.-- (A) Four members of the Board of Governors are appointed by the Governor of Ohio, who are-- (i) the presidents of Central State University, Wright State University, and Wilberforce University, or their designees; and (ii) the Director of the Ohio Historical Society, or the Director's designee. (B) Five members of the Board of Governors who shall be from diverse disciplines and geographical residence and shall be committed to the advancement of knowledge and African American and minority history and culture, of whom-- (i) three shall be appointed by the Governor of Ohio; (ii) one shall be appointed by the Secretary; and (iii) one shall be appointed by the Director. (2) Terms.-- (A) In general.--Except as provided in subparagraph (B), the term for members of the Board of Governors is three years and members may be reappointed. (B) Staggered terms.--As designated by the appointing authority at the time of initial appointments pursuant to paragraph (1)(B), the term of one member expires at the end of one year, the terms of two members expire at the end of two years, and the terms of three members expire at the end of three years. (3) Vacancies.--A vacancy on the Board of Governors shall not affect its powers and shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed for the remainder of the term. (4) No compensation.--Except as provided in paragraph (5), members of the Board of Governors appointed pursuant to paragraph (1)(B) shall serve without pay. (5) Expenses.--Members of the Board of Governors appointed pursuant to paragraph (1)(B) shall receive per diem, travel, and transportation expenses for each day, including travel time, during which they are engaged in the performance of the duties of the Board of Governors in accordance with section 5703 of title 5, United States Code, with respect to employees serving intermittently in the Government service. (6) Chairperson.--The Board of Governors shall elect a chairperson by a majority vote of the members of the Board of Governors. (7) Meetings.--The Board of Governors shall meet at the call of the chairperson or upon the written request of a majority of its members, but shall meet not less than twice each year. (8) Quorum.--A majority of the Board of Governors shall constitute a quorum for purposes of conducting business, but a lesser number may receive information on behalf of the Board of Governors. (9) Voluntary services.--Notwithstanding section 1342 of title 31, United States Code, the chairperson of the Board of Governors may accept for the Board of Governors voluntary services provided by a member of the Board of Governors. (c) Commission Termination.--Effective 30 days after the date of enactment of this Act, the National Center for the Study of Afro- American History and Culture Act (20 U.S.C. 3701 et seq.) is repealed. SEC. 7. DUTIES, AUTHORITIES, AND RESPONSIBILITIES OF THE BOARD OF GOVERNORS OF THE MUSEUM. (a) In General.--The duties of the Board of Governors established pursuant to section 6(a) are as follows: (1) To recommend annual budgets for the Museum and the National Training Center established pursuant to section 4. (2) To have the sole authority to-- (A) loan, exchange, sell, or otherwise dispose of any part of the collections of the Museum, but only if the funds generated by such disposition are used for additions to the collections of the Museum or for additions to the endowment of the Museum; (B) subject to the availability of funds and the provisions of annual budgets of the Museum, purchase, accept, borrow, or otherwise acquire artifacts and other property for addition to the collections of the Museum; (C) establish policy with respect to the utilization of the collections of the Museum; and (D) establish policy regarding programming, education, exhibitions, and research, with respect to the life and culture of African Americans, the role of African Americans in the history of the United States, especially the significance of the Underground Railroad, and the contributions of African Americans to society. (3) To have authority to-- (A) provide for restoration, preservation, and maintenance of the collections of the Museum; (B) solicit funds for the Museum and determine the purposes to which those funds shall be used; (C) approve expenditures from the endowment of the Museum, or of income generated from the endowment, for any purpose of the Museum; and (D) consult with, advise, and support the Director in the operation of the Museum. (4) To establish programs in cooperation with other minority museums, historical societies, educational institutions, cultural and other organizations for the education and promotion of understanding regarding minority life, art, history, and culture. (5) To support the efforts of other minority museums and cultural and other organizations to educate and promote understanding regarding minority life, art, history, and culture, including-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; (C) participation in the training of museum archives and historic preservation professionals; and (D) creating opportunities for-- (i) research fellowships; and (ii) professional and student internships. (6) To adopt bylaws to carry out the functions of the Board of Governors. (7) To report annually to Congress and the Ohio legislature on the acquisition, disposition, and display of minority American objects and artifacts and on other appropriate matters. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Capital.--There is authorized to be appropriated to the Director for construction, equipment, and exhibit installation pursuant to section 4(1) (1) $2,000,000 for fiscal year 1996 for planning and design; and (2) $10,000,000 for each of the fiscal years 1997 and 1998 for construction, equipment and exhibit installation. (b) Operations.--There is authorized to be appropriated to the Director (1) $1,000,000 for operation and maintenance pursuant to section 4(2); and (2) $25,000 annually for the Board of Governors pursuant to section 6(b)(5). (c) Minority Museum Professional Studies.--There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out section 5.

National Training Center for Minority Museum, Archives, and Historic Preservation Professionals Act - Requires the Director of the National Park Service: (1) to construct, jointly with the State of Ohio, a National Training Center at the National Afro-American Museum and Cultural Center to prepare professionals for our Nation's museums, archives, and historic preservation offices; and (2) through the Board of Governors of the Museum (established by this Act), to provide for the operation and maintenance of, and technical assistance to, the Museum. Requires the Secretary of Education, acting through the Board, to: (1) contract with a consortium of institutions of higher education to implement a graduate degree program to train minorities in museum, archives, and historic preservation studies at the Museum; (2) offer annual seminars in museum, archival, and historic preservation practices and periodic workshops, in conjunction with the African American Museums Association and other professional organizations, to serve the needs of minority museums professionals; and (3) provide scholarships and loans for students and professionals in such studies. Authorizes the Secretary and the Director to establish jointly with Ohio a Board of Governors of the Museum which meets specified requirements and has the authority to carry out the duties, responsibilities, and authorities set forth in this Act. Authorizes appropriations.

National Training Center for Minority Museum, Archives and Historic Preservation Professionals Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Abuse Prevention Act''. SEC. 2. PREVENTION OF DIVERSION OF EARNED INCOME TAX CREDIT AND CHILD TAX CREDIT BENEFITS. (a) Earned Income.--Section 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Prevention of Diversion of Credit Benefits.--The right of any individual to any future payment of the credit under this section shall not be transferable or assignable, at law or in equity, and such right or any moneys paid or payable under this section shall not be subject to any execution, levy, attachment, garnishment, offset, or other legal process except for any outstanding Federal obligation. Any waiver of the protections of this subsection shall be deemed null, void, and of no effect.''. (b) Child Tax Credit.--Section 24 of such Code is amended by adding at the end the following new subsection: ``(g) Prevention of Diversion of Credit Benefits.--The right of any individual to any future payment of the credit under this section shall not be transferable or assignable, at law or in equity, and such right or any moneys paid or payable under this section shall not be subject to any execution, levy, attachment, garnishment, offset, or other legal process except for any outstanding Federal obligation. Any waiver of the protections of this subsection shall be deemed null, void, and of no effect.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. PROHIBITION ON DEBT COLLECTION OFFSET. (a) In General.--No person shall, directly or indirectly, individually or in conjunction or in cooperation with another person, engage in the collection of an outstanding or delinquent debt for any creditor or assignee by means of soliciting the execution of, processing, receiving, or accepting an application or agreement for a refund anticipation loan or refund anticipation check that contains a provision permitting the creditor to repay, by offset or other means, an outstanding or delinquent debt for that creditor from the proceeds of the debtor's Federal tax refund. (b) Refund Anticipation Loan.--For purposes of subsection (a), the term ``refund anticipation loan'' means a loan of money or of any other thing of value to a taxpayer because of the taxpayer's anticipated receipt of a Federal tax refund. (c) Effective Date.--This section shall take effect on the date of the enactment of this Act. SEC. 4. PROHIBITION OF MANDATORY ARBITRATION. (a) In General.--Any person that provides a loan to a taxpayer that is linked to or in anticipation of a Federal tax refund for the taxpayer may not include mandatory arbitration of disputes as a condition for providing such a loan. (b) Effective Date.--This section shall apply to loans made after the date of the enactment of this Act. SEC. 5. TERMINATION OF DEBT INDICATOR PROGRAM. The Secretary of the Treasury shall terminate the Debt Indicator program announced in Internal Revenue Service Notice 99-58. SEC. 6. EXPANSION OF ELIGIBILITY FOR ELECTRONIC TRANSFER ACCOUNTS. (a) In General.--The last sentence of section 3332(j) of title 31, United States Code, is amended by inserting ``other than any payment under section 32 of such Code'' after ``1986''. (b) Effective Date.--The amendment made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 7. PROGRAM TO ENCOURAGE THE USE OF THE ADVANCE EARNED INCOME TAX CREDIT. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with such private, nonprofit, and governmental entities as the Secretary determines appropriate, develop and implement a program to encourage the greater utilization of the advance earned income tax credit. (b) Reports.--Not later than the date of the implementation of the program described in subsection (a), and annually thereafter, the Secretary of the Treasury shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the elements of such program and progress achieved under such program. (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to carry out the program described in this section. Any sums so appropriated shall remain available until expended. SEC. 8. PROGRAM TO LINK TAXPAYERS WITH DIRECT DEPOSIT ACCOUNTS AT FEDERALLY INSURED DEPOSITORY INSTITUTIONS. (a) Establishment of Program.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall enter into cooperative agreements with federally insured depository institutions to provide low- and moderate-income taxpayers with the option of establishing low-cost direct deposit accounts through the use of appropriate tax forms. (b) Federally Insured Depository Institution.--For purposes of this section, the term ``federally insured depository institution'' means any insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any insured credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)). (c) Operation of Program.--In providing for the operation of the program described in subsection (a), the Secretary of the Treasury is authorized-- (1) to consult with such private and nonprofit organizations and Federal, State, and local agencies as determined appropriate by the Secretary, and (2) to promulgate such regulations as necessary to administer such program. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as are necessary to carry out the program described in this section. Any sums so appropriated shall remain available until expended.

Taxpayer Abuse Prevention Act - Amends the Internal Revenue Code to provide that advance payments of the earned income tax credit and the child tax credit are not transferable or assignable or subject to the claims of any creditors, except outstanding claims of the federal government. Prohibits: (1) the collection of a debt from a debtor's federal tax refund by means of a refund anticipation loan; and (2) mandatory arbitration as a condition of providing a refund anticipation loan. Terminates the Department of the Treasury Debt Indicator Program. Allows earned income tax credit benefits to be paid through electronic transfer accounts. Directs the Secretary of the Treasury to: (1) develop and implement a program to encourage the greater use of the advance earned income tax credit; and (2) enter into cooperative agreements with federally insured depository institutions to provide low- and moderate-income taxpayers with the option of establishing low-cost direct deposit accounts using appropriate tax forms.

To provide additional protections for recipients of the earned income tax credit and the child tax credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Abuse Reduction Act of 2013''. SEC. 2. PLEADING REQUIREMENTS. (a) In General.--Chapter 29 of title 35, United States Code, is amended by inserting after section 281 the following: ``Sec. 281A. Pleading requirements for patent infringement actions ``In a civil action arising under any Act of Congress relating to patents, a party alleging infringement shall include in the initial complaint, counterclaim, or cross-claim for patent infringement-- ``(1) an identification of each patent allegedly infringed; ``(2) an identification of each claim of each patent identified under paragraph (1) that is allegedly infringed; ``(3) for each claim identified under paragraph (2), an identification of each accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to in this section as an `accused instrumentality') alleged to infringe the claim; ``(4) for each accused instrumentality identified under paragraph (3), an identification with particularity, if known, of-- ``(A) the name or model number of each accused instrumentality; and ``(B) the name of each accused method, system, process, function, act, or service, or the name or model number of each apparatus, product, feature, or device that, when used, allegedly results in the practice of the claimed invention; ``(5) for each accused instrumentality identified under paragraph (3), an explanation of-- ``(A) where each element of each asserted claim identified under paragraph (2) is found within the accused instrumentality; ``(B) whether each such element is infringed literally or under the doctrine of equivalents; and ``(C) with detailed specificity, how the terms in each asserted claim identified under paragraph (2) correspond to the functionality of the accused instrumentality; ``(6) for each claim that is alleged to have been infringed indirectly, a description of-- ``(A) the direct infringement; ``(B) any person alleged to be a direct infringer known to the party alleging infringement; and ``(C) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; ``(7) a description of the right of the party alleging infringement to assert each-- ``(A) patent identified under paragraph (1); and ``(B) patent claim identified in paragraph (2); ``(8) a description of the principal business of the party alleging infringement; ``(9) a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the patents identified under paragraph (1); ``(10) for each patent identified under paragraph (1), whether such patent is subject to any licensing term or pricing commitments through any agency, organization, standard-setting body, or other entity or community; ``(11) the identity of any person other than the party alleging infringement, known to the party alleging infringement, who-- ``(A) owns or co-owns a patent identified under paragraph (1); ``(B) is the assignee of a patent identified under paragraph (1); or ``(C) is an exclusive licensee to a patent identified under paragraph (1); ``(12) the identity of any person other than the party alleging infringement, known to the party alleging infringement, who has a legal right to enforce a patent identified under paragraph (1) through a civil action under any Act of Congress relating to patents or is licensed under such patent; ``(13) the identity of any person with a direct financial interest in the outcome of the action, including a right to receive proceeds, or any fixed or variable portion thereof; and ``(14) a description of any agreement or other legal basis for a financial interest described in paragraph (13).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 281 the following: ``281A. Pleading requirements for patent infringement actions.''. (c) Review of Form 18.--Not later than 12 months after the date of enactment of this Act, the Supreme Court shall review and amend Form 18 of the Federal Rules of Civil Procedure to ensure that Form 18 is consistent with the requirements under section 281A of title 35, United States Code, as added by subsection (a). (d) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to alter existing law or rules relating to joinder. SEC. 3. JOINDER OF INTERESTED PARTIES. Section 299 of title 35, United States Code, is amended by adding at the end the following: ``(d) Joinder of Interested Parties.-- ``(1) Definition.--In this subsection, the term `interested party', with respect to a civil action arising under any Act of Congress relating to patents-- ``(A) means a person described in paragraph (11) or (13) of section 281A; and ``(B) does not include an attorney or law firm providing legal representation in the action if the sole basis for the financial interest of the attorney or law firm in the outcome of the action arises from an agreement to provide that legal representation. ``(2) Joinder of interested parties.--In a civil action arising under any Act of Congress relating to patents, the court shall grant a motion by a party defending an infringement claim to join an interested party if the defending party shows that the interest of the plaintiff in any patent identified in the complaint, including a claim asserted in the complaint, is limited primarily to asserting any such patent claim in litigation. ``(3) Limitation on joinder.--The court may deny a motion to join an interested party under paragraph (2) if-- ``(A) the interested party is not subject to service of process; or ``(B) joinder under paragraph (2) would deprive the court of subject matter jurisdiction or make venue improper.''. SEC. 4. DISCOVERY LIMITS. (a) In General.--Chapter 29 of title 35, United States Code, is amended by adding at the end the following: ``Sec. 300. Discovery in patent infringement suits ``(a) Discovery Limitation Prior to Claim Construction.-- ``(1) In general.--Except as provided in paragraph (2), in a civil action arising under any Act of Congress relating to patents, if the court determines that a ruling relating to the construction of terms used in a patent claim asserted in the complaint is required, discovery shall be limited, until such ruling, to information necessary for the court to determine the meaning of the terms used in the patent claim, including any interpretation of those terms used to support the claim of infringement. ``(2) Discretion to expand scope of discovery.-- ``(A) Timely resolution of actions.--If, under any provision of Federal law (including the Drug Price Competition and Patent Term Restoration Act (Public Law 98-417)), resolution within a specified period of time of a civil action arising under any Act of Congress relating to patents will have an automatic impact upon the rights of a party with respect to the patent, the court may permit discovery in addition to the discovery authorized under paragraph (1) before the ruling described in paragraph (1) as necessary to ensure timely resolution of the action. ``(B) Resolution of motions.--When necessary to resolve a motion properly raised by a party before a ruling relating to the construction of terms (as described in paragraph (1)), the court may allow limited discovery in addition to the discovery authorized under paragraph (1) as necessary to resolve the motion. ``(b) Sequence and Scope; Cost-Shifting.-- ``(1) Definitions.--In this subsection-- ``(A) the term `additional discovery' means discovery of evidence other than core documentary evidence; and ``(B) the term `core documentary evidence', with respect to a civil action arising under any Act of Congress relating to patents-- ``(i) subject to clause (ii), includes only documents that-- ``(I) relate to the conception, reduction to practice, and application for the asserted patent; ``(II) are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; ``(III) relate to potentially invalidating prior art; ``(IV) relate to previous licensing or conveyances of the asserted patent; ``(V) are sufficient to show revenue attributable to any claimed invention; ``(VI) are sufficient to show the organizational ownership and structure of each party, including identification of any person that has a financial interest in the asserted patent; ``(VII) relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and ``(VIII) sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer; and ``(ii) does not include computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause for including such computer code or electronic communication as core documentary evidence of a particular party under clause (i). ``(2) Discovery sequence and scope.--In a civil action arising under any Act of Congress relating to patents, the parties shall discuss and address in the written report filed under rule 26(f)(2) of the Federal Rules of Civil Procedure the views and proposals of the parties on-- ``(A) when the discovery of core documentary evidence should be completed; ``(B) whether the parties will seek additional discovery under paragraph (3); and ``(C) any issues relating to infringement, invalidity, or damages that, if resolved before the additional discovery described in paragraph (3) commences, will simplify or streamline the case, including the identification of any key patent claim terms or phrases to be construed by the court and whether the early construction of any of those terms or phrases would be helpful. ``(3) Discovery cost-shifting.-- ``(A) In general.--In a civil action arising under any Act of Congress relating to patents, each party shall be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party. ``(B) Additional discovery.-- ``(i) In general.--A party to a civil action arising under any Act of Congress relating to patents may seek additional discovery if the party bears the costs of the additional discovery, including reasonable attorney's fees. ``(ii) Requirements.--A party shall not be allowed additional discovery unless the party-- ``(I) at the time that such party seeks additional discovery, provides to the party from whom the additional discovery is sought payment of the anticipated costs of the discovery; or ``(II) posts a bond in an amount sufficient to cover the anticipated costs of the discovery. ``(C) Rules of construction.--Nothing in subparagraph (A) or (B) shall be construed to-- ``(i) entitle a party to information not otherwise discoverable under the Federal Rules of Civil Procedure or any other applicable rule or order; ``(ii) require a party to produce privileged matter or other discovery otherwise limited under the Federal Rules of Civil Procedure; or ``(iii) prohibit a court from-- ``(I) determining that a request for discovery is excessive, irrelevant, or otherwise abusive; or ``(II) setting other limits on discovery.''. SEC. 5. COSTS AND EXPENSES. (a) In General.--Section 285 of title 35, United States Code, is amended to read as follows: ``Sec. 285. Costs and expenses ``(a) In General.--The court shall award to the prevailing party reasonable costs and expenses, including attorney's fees, unless-- ``(1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified; or ``(2) exceptional circumstances make such an award unjust. ``(b) Prohibition on Consideration of Certain Settlements.--In determining whether an exception under paragraph (1) or (2) of subsection (a) applies, the court shall not consider as evidence any license taken in settlement of an asserted claim. ``(c) Recovery.--If the non-prevailing party is unable to pay reasonable costs and expenses awarded by the court under subsection (a), the court may make the reasonable costs and expenses recoverable against any interested party, as defined in section 299(d).''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 29 of title 35, United States Code, is amended by striking the item relating to section 285 and inserting the following: ``285. Costs and expenses.''. (2) Conforming amendments.--Chapter 29 of title 35, United States Code, is amended-- (A) in section 271(e)(4), in the flush text following subparagraph (D), by striking ``attorney fees'' and inserting ``reasonable costs and expenses, including attorney's fees,''; (B) in section 273(f), by striking ``attorney fees'' and inserting ``reasonable costs and expenses, including attorney's fees,''; and (C) in section 296(b), by striking ``attorney fees'' and inserting ``reasonable costs and expenses (including attorney's fees)''.

Patent Abuse Reduction Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings: an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of: (1) the direct infringement; (2) any person alleged to be a direct infringer known to the party alleging infringement; and (3) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the identified patents; whether any identified patent is subject to any licensing term or pricing commitments through any agency, organization, or other standard-setting body; the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal right to enforce an identified patent through a civil action under any Act of Congress relating to patents or is licensed under such patent; and the identity of any person with a direct financial interest in the outcome of the action and a description of any agreement or other legal basis for such financial interest. Sets forth procedures with respect to the joinder of parties and discovery of evidence. Directs each party to be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party. Defines "core documentary evidence" as documents that: relate to the conception, reduction to practice, and application for the asserted patent; are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; relate to potentially invalidating prior art; relate to previous licensing or conveyances of the asserted patent; are sufficient to show revenue attributable to any claimed invention; are sufficient to show the organizational ownership and structure of each party, including identification of any person with a financial interest in the asserted patent; relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and are sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer. Excludes from the definition of core documentary evidence any computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause. Permits additional discovery under specified conditions if the party seeking such additional discovery bears the costs, including reasonable attorney's fees. Directs courts to award to the prevailing party reasonable costs and expenses, including attorney's fees, unless: (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified, or (2) exceptional circumstances make such an award unjust. Allows the court, if the non-prevailing party is unable to pay such costs and expenses, to make the costs and expenses recoverable against interested parties.

Patent Abuse Reduction Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fast and Efficient Tax Filing Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) The Internal Revenue Code of 1986 currently provides that the postmark on a tax document is deemed to be its delivery date (known as the ``timely-mailing-as-timely-filing'' rule). (2) A recent decision by the United States Court of Appeals has held that in order for a taxpayer to rely on this provision, he or she is required to use the United States Postal Service. As a result, even if a taxpayer uses an overnight delivery service that guarantees earlier receipt by the Internal Revenue Service than first class mail, his or her tax documents are considered officially late. (3) It is in the best interests of the Internal Revenue Service that tax documents, including payments of tax liabilities, be delivered as promptly as possible. (4) Several major private delivery services in the United States are at least as timely and reliable on a regular basis as the United States Postal Service and are widely used for vital document delivery in virtually all other facets of our Nation's economic life. (5) It is inequitable that a taxpayer should be assessed penalties and interest even though his return arrives at the Internal Revenue Service prior to that of another taxpayer who is not penalized, and even though both taxpayers responsibly sent their returns at the same time. (6) In its recent interpretation of the ``timely-mailing- as-timely-filing'' rule, the United States Court of Appeals for the 9th Circuit stated that there is ``a legitimate policy rationale for extending the rule to private delivery services,'' but stated further that ``it is for Congress, not the courts, to make such a change.'' (7) Existing law should be changed to permit the Secretary of the Treasury to designate qualified delivery services in addition to the United States Postal Service for purposes of the ``timely-mailing-as-timely-filing'' rule, thereby increasing the efficiency of the Internal Revenue Service and making it easier for United States taxpayers to file their tax returns on time. SEC. 3. USE OF PRIVATE DELIVERY SERVICES FOR TIMELY-MAILING-AS-TIMELY- FILING RULE. Section 7502 of the Internal Revenue Code of 1986 (relating to timely mailing treated as timely filing and paying) is amended by adding at the end the following new subsection: ``(f) Treatment of Private Delivery Services.-- ``(1) In general.--Any reference in this section to the United States mail shall be treated as including a reference to any designated delivery service, and any reference in this section to a postmark by the United States Postal Service shall be treated as including a reference to any date recorded or marked as described in paragraph (2)(C). ``(2) Designated delivery service.--For purposes of paragraph (1), the term `designated delivery service' means any delivery service provided by a trade or business if such service is designated by the Secretary for purposes of this section. The Secretary may designate a delivery service under the preceding sentence only if the Secretary determines that such service-- ``(A) is available to the public, ``(B) is at least as timely and reliable on a regular basis as the United States mail, and ``(C) records electronically to its data base, kept in the regular course of its business, or marks on the cover in which any item referred to in this section is to be delivered, the date on which such item was given to such trade or business for delivery. ``(3) Equivalents of registered and certified mail.--The Secretary may provide a rule similar to the rule of paragraph (1) with respect to any service provided by a designated delivery service which is substantially equivalent to United States registered or certified mail.'' SEC. 4. USE OF PRIVATE DELIVERY SERVICES. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7524. USE OF PRIVATE DELIVERY SERVICES. ``(a) In General.--Any reference in this title to the mailing of any notice, request, or other document shall be treated as including a reference to delivery by any designated delivery service. ``(b) Designated delivery service.--For purposes of subsection (a), the term `designated delivery service' means a delivery service designated under paragraph (2) of section 7502(f). ``(c) Applicability to registered and certified mail.--Subsection (a) shall apply with respect to United States registered or certified mail only to the extent provided by the Secretary by regulation.'' (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7524. Use of private delivery services.''

Fast and Efficient Tax Filing Act - Amends the Internal Revenue Code to permit the use of any private designated delivery service under the timely-mailing-as-timely-filing rule.

Fast and Efficient Tax Filing Act

SECTION 1. DUTY-FREE TREATMENT OF CERTAIN CHEMICALS. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheadings: `` 9902.31.12 Malonic acid (provided for in subheading 2917.19.50)..... Free No change No change On or before 12/ 31/94 9902.31.13 4,4,4-Trifluoro-3-oxobutanoic acid, Ethyl ester and 4,4,4- No change No change On or before 12/ Trifluoro-3-oxobutanoic acid, methyl ester (provided for 31/94 in subheading 2918.30.50)............................... Free 9902.31.14 2-Chloro-N,N-dimethylethyl-amine hydrochloride, 2- No change No change On or before 12/ (diethylamino) ethyl chloride hydrochloride, and 31/94 dimethyl-aminoisopropyl chloride hydrochloride (provided for in subheading 2921.19.50)........................... Free 9902.31.15 4,4'-Methylenebis-(2,6-diethylaniline) (provided for in No change No change On or before 12/ subheading 2921.51.50).................................. Free 31/94 9902.31.16 2-Amino-5-Chlorobenzophe-none (provided for in subheading No change No change On or before 12/ 2922.30.35)............................................. Free 31/94 9902.31.17 3-Aminocrotonic acid, methyl ester (provided for in No change No change On or before 12/ subheading 2922.49.50).................................. Free 31/94 9902.31.18 Tetramethyl-guanidine (provided for in subheading No change No change On or before 12/ 2925.20.50)............................................. Free 31/94 9902.31.19 1,3-Phenylenebis (1-methylethyl-idenebis) Cyanic acid 1,4- No change No change On or before 12/ phenylene ester (provided for in subheading 2929.90.10). Free 31/94 9902.31.20 Calcium Lactobionate (provided for in subheading No change No change On or before 12/ 2932.90.50)............................................. Free 31/94 9902.31.21 2-Methyl-5-Ethyl-pyridine (provided for in subheading No change No change On or before 12/ 2933.39.20)............................................. Free 31/94 9902.31.22 Piperidinoethyl Chloride Hydrochloride (provided for in No change No change On or before 12/ subheading 2933.39.47).................................. Free 31/94 9902.31.23 2-Amino-4-Chloro-6-Methoxy-pyrimidine and 2-Amino-4,6- No change No change On or before 12/ Dimethoxy-pyrimidine (provided for in subheading 31/94 2933.59.90)............................................. Free 9902.31.24 Morpholinoethyl Chloride Hydrochloride (provided for in No change No change On or before 12/ subheading 2934.90.50).................................. Free 31/94 9902.31.25 Physostigmine Salicylate (Eserine Salicylate) (provided No change No change On or before 12/ for in subheading 2939.90.10)........................... Free 31/94 9902.31.26 Lobeline Sulphate (provided for in subheading 2939.90.50) Free No change No change On or before 12/ 31/94 9902.31.27 D-Arabinose (provided for in subheading 2940.00.00)...... Free No change No change On or before 12/ 31/94 '' SEC. 2. APPLICABILITY. The amendments made by section 1 apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on certain chemicals.

To suspend until January 1, 1995, the duty on certain chemicals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Child Health Care Network Act of 1994''. SEC. 2. LIMITATION ON MANAGED CARE WAIVERS AFFECTING CHILDREN UNDER MEDICAID. (a) Requiring Medical Assistance for Children Furnished Through Managed Care to be Furnished Through Integrated Networks.--Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended by adding at the end the following new subsection: ``(i)(1) The Secretary may not grant a waiver under this section, section 1115, or any provision of this Act that includes a waiver of the requirements of section 1902(a)(23) to permit a State to restrict the medical assistance furnished under the State plan to a child to assistance furnished through a primary care case-management plan under subsection (b)(1) or a capitated managed care plan unless such a plan-- ``(A) furnishes such assistance to the individual through an integrated child health network described in paragraph (2); ``(B) provides assurances that the capitated payments made to providers for assistance furnished to children enrolled in the plan are determined on the basis of children's health care needs and utilization of services; and ``(C) submits reports (at such intervals as the Secretary may require) to the Secretary and the State containing such information as the Secretary and the State may require to assure that the plan meets the requirements of subparagraphs (A) and (B), and makes the reports available to the public. ``(2) In this subsection: ``(A) A `capitated managed care plan' means an entity which-- ``(i) has a contract with the State agency under which such entity is paid a fixed amount for providing or arranging for the provision of health care items or services specified in such contract to an individual eligible for medical assistance under the State plan and enrolled with such entity, regardless of whether such items or services are furnished to such individual; and ``(ii) is liable for all or part of the cost of furnishing any of such items or services, regardless of whether such cost exceeds such fixed payment. ``(B) A `child' is an individual under 18 years of age. ``(C) An `integrated child health network' means a network of providers with expertise in providing services to children that meets the following requirements (together with any other requirements that Secretary may impose): ``(i) The network includes (but is not limited to)-- ``(I) pediatricians and pediatric specialists, family practice physicians, and other pediatric health professionals; ``(II) community-based clinics that provide services of providers described in subclause (I); and ``(III) hospitals with pediatric units which are a distinct part of the hospital (as defined by the Secretary), hospitals whose inpatients are predominantly children, and specialty hospitals whose inpatients are predominantly children (including rehabilitation and long-term care hospitals). ``(ii) The network has an explicit mission of meeting the health care needs of children. ``(iii) The network participates in graduate medical education programs for primary and specialty pediatric care services. ``(iv) The network provides for the coordination of pediatric specialty and subspecialty care for children with special health care needs, including (but not limited to)-- ``(I) children eligible for supplemental security income under title XVI; ``(II) children described in section 501(a)(1)(D); and ``(III) children described in section 1902(e)(3).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to quarters beginning on or after the expiration of the 6-month period that begins on the date of the enactment of this Act. SEC. 3. GRANTS FOR ESTABLISHMENT OF INTEGRATED CHILD HEALTH NETWORKS APPLYING SEPARATE CAPITATED PAYMENT RATE FOR CHILDREN. (a) Availability of Grants.-- (1) In general.--The Secretary of Health and Human Services shall make grants to eligible entities over a 3-year period for the establishment, initial operation, and the continuing operation of integrated child health networks using different payment models, including grants to demonstrate the operation of networks applying a separate capitated payment rate with respect to children enrolled with the network. The previous sentence shall apply to demonstrations of such networks initiated by States. (2) Integrated child health network defined.--In this section, the term ``integrated child health network'' has the meaning given such term in section 1915(i)(2)(C) of the Social Security Act (as added by section 2(a)). (b) Eligibility of Entities.--An entity is eligible to receive a grant under subsection (a) if the entity submits to the Secretary (at such time and in such form as the Secretary may require) an application containing-- (1) assurances that the entity has established or is in the process of establishing an integrated child health network; (2) assurances that the entity will submit reports on the activities of the entity that are funded through the grant; and (3) such other information and assurances as the Secretary may require. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for grants under subsection (a). (d) Report to Congress.--Not later than 3 years after the first grant is awarded under subsection (a), the Secretary shall submit a report to Congress on the grants made under subsection (a) and the activities funded through such grants.

Integrated Child Health Care Network Act of 1994 - Amends title XIX (Medicaid) of the Social Security Act to prohibit the Secretary of Health and Human Services from granting a waiver under the Medicaid program to permit a State to require children enrolled in the program to receive medical assistance through managed care plans, unless such assistance is provided through an integrated child health care network. Directs the Secretary to make grants to eligible entities over a three-year period for the establishment and operation of such networks using different payment models, including grants to demonstrate the operation of networks (including State-initiated networks) applying a separate capitated payment rate with respect to children enrolled with the network.

Integrated Child Health Care Network Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Louisiana Emergency Needs Corps of Engineers Authorization Act of 2006''. SEC. 2. HURRICANE AND FLOOD PROTECTION, LAKE PONTCHARTRAIN, LOUISIANA. (a) Report.--Not later than 20 days after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers (referred to in this Act as the ``Secretary''), shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) with respect to the project for hurricane-flood protection on Lake Pontchartrain, Louisiana, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1077), identifies activities to reconstruct hurricane and flood protection measures relating to the outfall canals adjacent to Lake Pontchartrain in the Jefferson and Orleans parishes of the State of Louisiana that are substantially in accordance with levels of hurricane and flood protection authorized under Federal law and that are activities to-- (A) reconstruct and fortify floodwalls adjacent to the canals; (B) construct at the heads of the canals pumping stations with adequate pumping capacity, as determined by the Secretary; (C) install gate-like structures at the heads of the canals; and (D) prevent-- (i) seepage from the canals into adjacent property; and (ii) the undermining of floodwalls improved or reconstructed under subparagraph (A); (2) identifies activities to protect, restore, and reduce the risk of storm damage in coastal areas of the State of Louisiana in which a major disaster relating to Hurricane Katrina or Hurricane Rita was declared by the President to exist on or after August 29, 2005, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), in accordance with the report transmitted by the President to the House of Representatives and dated October 28, 2005; (3) identifies activities to fortify, strengthen, and improve hurricane protection and flood control infrastructure (including pumping stations) in existence on or before August 28, 2005, to ensure sustainability and prevent the failure of the infrastructure under hurricane conditions, in accordance with predicted area conditions for standard project hurricanes and located in an area designed to be protected by a hurricane or flood control project authorized under Federal law; and (4) identifies any activity included in the report of the Chief of Engineers dated August 23, 2002 (including supplemental reports), that the Secretary determines to be integral to the protection of life and property in the disaster area described in paragraph (2). (b) Implementation.-- (1) In general.--Absent a resolution of Congress disapproving an activity identified in the report under subsection (a), the Secretary may implement the activity beginning on the date that is 30 days after the date on which the report is submitted. (2) Federal share.--The Federal share of the cost of an activity carried out under paragraph (1) shall be 100 percent. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for each of fiscal years 2006 through 2010-- (1) $1,400,000,000 to carry out activities identified under paragraphs (1) through (3) of subsection (a); and (2) $788,000,000 to carry out activities identified under subsection (a)(4). SEC. 3. COMPENSATION. (a) In General.--Notwithstanding any other provision of law, in acquiring property or an interest in property to improve, reconstruct, or develop hurricane and flood protection measures relating to Hurricane Katrina or Rita, the Secretary shall compensate the owner of the property or interest without taking into consideration any damage to the property or interest caused by Hurricane Katrina or Rita. (b) Adjustment for Payments Made.--Notwithstanding subsection (a), the Secretary may reduce the amount of compensation paid under subsection (a) for property or an interest in property by the amount of any other payment received by the owner of the property or interest for damages to that property or interest as a result of Hurricane Katrina or Rita, including a payment received from-- (1) an insurance claim; or (2) the Federal Emergency Management Agency. SEC. 4. EFFECT OF ACT. Nothing in this Act affects any authority of the Secretary under any other Federal law.

Louisiana Emergency Needs Corps of Engineers Authorization Act of 2006 - Directs the Secretary of the Army, acting through the Chief of Engineers, to report to Congress identifying: (1) activities to reconstruct hurricane and flood protection measures relating to canals adjacent to Lake Pontchartrain in the Jefferson and Orleans parishes in accordance with federally authorized levels of hurricane and flood protection; (2) activities to protect, restore, and reduce the risk of storm damage in Louisiana coastal areas in which a major disaster relating to Hurricane Katrina or Hurricane Rita was declared by the President on or after August 29, 2005; (3) activities to fortify, strengthen, and improve hurricane protection and flood control infrastructure in existence on or before August 28, 2005; and (4) any activity included in the Chief's report dated August 23, 2002, that the Secretary determines to be integral to the protection of life and property in the disaster area. Authorizes the Secretary to implement such activities at full federal cost, absent a resolution of congressional disapproval, 30 days after the report is submitted. Directs the Secretary, in acquiring property to improve, reconstruct, or develop hurricane and flood protection measures relating to Hurricane Katrina or Rita, to compensate the owner without taking into consideration damage caused by the hurricane. Allows the Secretary to reduce the amount of compensation paid by the amount of any other payment received by the owner, including from an insurance claim or from the Federal Emergency Management Agency (FEMA).

To require the Secretary of the Army to submit to Congress a report identifying activities for hurricane and flood protection in Lake Pontchartrain, Louisiana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Effective Antibiotics Last Act of 2015'' or the ``HEAL Act''. SEC. 2. APPROVAL OF CERTAIN DRUGS FOR USE IN A WELL-DEFINED POPULATION OF PATIENTS. (a) Approval of Certain Antibacterial.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(x) Approval of Certain Antibacterial Drugs for Use in a Well- Defined Population of Patients.-- ``(1) Unmet medical need defined.--In this subsection, the term `unmet medical need' means that the antibacterial drug involved-- ``(A) has improved efficacy, as demonstrated in adequate, well-controlled studies in humans, for specific diseases or conditions, where current therapies have been shown to be less effective; ``(B) has clinically meaningful decreased harms, demonstrated in adequate, well-controlled studies in humans, for diseases or conditions, where current therapies have unacceptable adverse effects; or ``(C) has improved convenience, as demonstrated in adequate, well-controlled studies in humans, where improved convenience results in improved effectiveness or decreased harms. ``(2) Approval.--Upon receipt of an application under subsection (b) for an antibacterial drug that is intended to treat a serious or life-threatening disease or condition, irrespective of whether the drug is intended to address an unmet medical need, the Secretary-- ``(A) may approve the drug under subsection (c) only for treating a well-defined population of patients, and based upon the results of clinical trials inclusive of human subjects representative of such well-defined population; ``(B) in determining whether to grant such approval, shall rely on superior outcomes over available therapies based on direct measures of patient benefits, as demonstrated in adequate, well-controlled studies in the well-defined patient population, such as-- ``(i) decreased mortality; ``(ii) irreversible morbidity; or ``(iii) validated surrogate endpoints that reflect mortality or irreversible morbidity; and ``(C) shall require the labeling of drugs approved pursuant to this subsection to prominently include in the prescribing information required by section 201.57 of title 21, Code of Federal Regulations (or any successor regulation)-- ``(i) the population of patients with respect to which the added benefit over available therapies is expected as studied in adequate, well-controlled studies that form the basis for approval; and ``(ii) the method for identifying members of that population. ``(3) Risk evaluation and mitigation strategy.--The Secretary-- ``(A) shall require a risk evaluation and mitigation strategy (REMS) under section 505-1 for each drug approved under this subsection; and ``(B) may include in any such strategy additional elements to assure the safe use of the drug under subsections (e) and (f) of section 505-1. ``(4) Rule of construction.--Nothing in this subsection shall be construed to alter the standards of evidence under subsection (c) or (d) (including the substantial evidence standard in subsection (d)). Subsections (c) and (d) and such standards of evidence apply to the review and approval of drugs under this subsection, including whether a drug is safe and effective. Nothing in this subsection shall be construed to limit the authority of the Secretary to approve products pursuant to this Act and the Public Health Service Act as authorized prior to the date of enactment of this subsection. ``(5) Effective immediately.--The Secretary shall have the authorities vested in the Secretary by this subsection beginning on the date of enactment of this subsection, irrespective of when and whether the Secretary promulgates final regulations to carry out this subsection.''. (b) Licensure of Certain Biological Products.--Section 351(j) of the Public Health Service Act (42 U.S.C. 262(j)) is amended-- (1) by striking ``(j)'' and inserting ``(j)(1)''; (2) by inserting ``505(x),'' after ``505(p),''; and (3) by adding at the end the following: ``(2) In applying section 505(x) of the Federal Food, Drug, and Cosmetic Act to the licensure of biological products under this section-- ``(A) references to an antibacterial drug with added benefits over available therapies for a well-defined population that is intended to treat a serious or life-threatening disease or condition shall be construed to refer to biological products with added benefits over available therapies for a well-defined population intended to treat a bacterial infection associated with a serious or life-threatening disease; and ``(B) references to an application submitted under section 505(b) of such Act and to approval of a drug under section 505(c) of such Act shall be construed to refer to an application submitted under subsection (a) of this section and to licensure of a biological product under such subsection (a), respectively.''. (c) Monitoring.--Title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b-22) the following: ``SEC. 317U. MONITORING OF ANTIBACTERIAL DRUG USE, PATIENT OUTCOMES, AND RESISTANCE. ``(a) Monitoring.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network or another appropriate monitoring system to monitor-- ``(1) changes in patient outcomes such as mortality and irreversible morbidity causally related to antibacterial resistance; and ``(2) changes in bacterial resistance to drugs in relation to patient outcomes. ``(b) Public Availability of Data.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make the data derived from monitoring under this section publicly available for the purposes of-- ``(1) improving the monitoring of important trends in patient outcomes in relation to antibacterial resistance; and ``(2) ensuring appropriate stewardship of antibacterial drugs, including those receiving approval or licensure for a well-defined population pursuant to section 505(x) of the Federal Food, Drug, and Cosmetic Act.''. SEC. 3. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL ORGANISMS. (a) In General.--Section 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360a) is amended to read as follows: ``SEC. 511. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL ORGANISMS. ``(a) In General.--The Secretary shall-- ``(1) identify upon approval or licensing of antibacterial drugs (including biological products intended to treat a bacterial infection and other types of antimicrobial drugs, as deemed appropriate by the Secretary), including qualified infectious disease products, susceptibility test interpretive criteria for such drugs based upon patient outcomes of mortality and morbidity from adequate and well-controlled studies and such other confirmatory evidence as the Secretary deems necessary; and ``(2) update, consistent with subsection (b), such criteria as needed based upon scientific evidence of changes in patient outcomes. ``(b) Responding to Changes in Patient Outcomes To Evaluate Susceptibility Test Interpretive Criteria.-- ``(1) In general.--As needed based on evidence related to changes in patient outcomes, the Secretary shall-- ``(A) evaluate any new scientific studies on changes in patient outcomes in relation to susceptibility test interpretive criteria; and ``(B) publish on the public Website of the Food and Drug Administration a notice-- ``(i) presenting suggested new or updated interpretive criteria; and ``(ii) if needed, hold a public advisory committee to discuss scientific evidence related to changes in interpretative criteria. ``(2) Annual compilation of notices.--Each year, the Secretary shall compile the notices published under paragraph (1)(B) noting any changes from prior notices and publish such compilation in the Federal Register. ``(c) Definition.--In this section, the term `susceptibility test interpretive criteria' means one or more specific values which characterize patient outcomes in relation to the degree to which bacteria or other microbes are more resistant to treatment as measured by patient outcomes.''. (b) Conforming Amendment.--Section 1111 of the Food and Drug Administration Amendments Act of 2007 (42 U.S.C. 247d-5a; relating to identification of clinically susceptible concentrations of antimicrobials) is repealed. (c) Report to Congress.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the progress made in implementing section 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360a), as amended by this section. SEC. 4. REQUIRING DEMONSTRATION OF SUPERIOR OUTCOMES FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS TO RECEIVE AN EXTENDED EXCLUSIVITY PERIOD. Section 505E(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f(g)) is amended by striking ``means an antibacterial or antifungal drug for human use intended to treat'' and inserting ``means an antibacterial or antifungal drug for human use that is demonstrated to produce superior outcomes over available therapies, based on direct measures of patient benefits in clinical trials, and that is intended to treat''. SEC. 5. GUIDANCE ON TARGET PRODUCT PROFILES. Not later than 18 months after the date of enactment of this Act, the Commissioner of Food and Drugs, in consultation with the Administrator of the Centers for Medicare & Medicaid Services, the Director of the Indian Health Service, the Secretary of Defense, and the Secretary of Veterans Affairs, shall issue guidance on the development of target product profiles for novel antibacterial drugs focused on public health priorities.

Helping Effective Antibiotics Last Act of 2015 or the HEAL Act This bill amends the Federal Food, Drug, and Cosmetic Act to allow the Food and Drug Administration (FDA) to approve an antibacterial drug or biological product that is intended to treat a serious or life-threatening condition only for treating a well-defined population of patients. To be approved, the antibacterial product must produce superior outcomes over available therapies in the well-defined patient population. A product approved by this pathway must include in its prescribing information the population of patients expected to benefit from using the product and the method for identifying members of that population. The FDA must require each product to have a risk evaluation and mitigation strategy. The Centers for Disease Control and Prevention must monitor changes to bacterial drug resistance and changes to patient outcomes caused by bacterial drug resistance. Upon approval of antibacterial products, the FDA must identify susceptibility test interpretive criteria (the drug concentrations where a type of bacteria is categorized as susceptible, intermediate, or resistant) and update the criteria as needed based upon evidence of changes in patient outcomes. To be eligible for an exclusivity period extension, a qualified infectious disease product must be demonstrated to produce superior outcomes over available therapies. The FDA must issue guidance on the development of target product profiles for antibacterial drugs.

HEAL Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban the Box Act''. SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO CRIMINAL RECORD OF APPLICANTS. (a) In General.--Except as provided in subsection (b), it shall be an unlawful employment practice for any employer to make inquiries of an applicant for employment or otherwise seek information about such an applicant (including through the use of any form or application) relating to whether such applicant has ever been convicted of a criminal offense. (b) Exception.--Notwithstanding subsection (a), an employer may make inquiries of an applicant or otherwise seek information about the applicant relating to whether such applicant has ever been convicted of a criminal offense-- (1) after a conditional offer for employment has been extended to an applicant; or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or to the general public. SEC. 3. RULEMAKING. Not later than 1 year after the date of enactment of this Act, the Commission shall issue rules-- (1) defining categories of employment where an individual's past criminal history may involve an unreasonable risk to the safety of specific individuals or to the general public; and (2) factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk. SEC. 4. ENFORCEMENT. (a) Employees Covered by Title VII of the Civil Rights Act of 1964.-- (1) In general.--The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(A), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (b) Employees Covered by Congressional Accountability Act of 1995.-- (1) In general.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(B), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (4) Other applicable provisions.--With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). (c) Employees Covered by Chapter 5 of Title 3, United States Code.-- (1) In general.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(C), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (d) Employees Covered by Government Employee Rights Act of 1991.-- (1) In general.--The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(D), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). (e) Employees Covered by Section 717 of the Civil Rights Act of 1964.-- (1) In general.--The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee or applicant described in section 2(2)(E), except as provided in paragraphs (2) and (3). (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice. (3) Damages.--The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``Commission'' means the Equal Employment Opportunity Commission; (2) the term ``employer''-- (A) has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)); and (B) includes-- (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code; (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); and (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 16(a)) applies; (3) the term ``employee'' means-- (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (12 U.S.C. 1220(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies; and (4) the term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). SEC. 6. EFFECTIVE DATE. This Act shall take effect beginning 1 year after the date of the enactment of this Act.

Ban the Box Act - Makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's conviction for a criminal offense. Sets forth exceptions authorizing an employer to seek such information: (1) after a conditional offer for employment has been extended to an applicant, or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or the general public. Directs the Equal Employment Opportunity Commission (EEOC) to issue rules indentifying factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk within defined categories of employment. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

To prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances.

SECTION 1. INCOME OF PARTNERS FOR PERFORMING INVESTMENT MANAGEMENT SERVICES TREATED AS ORDINARY INCOME RECEIVED FOR PERFORMANCE OF SERVICES. (a) In General.--Part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new section: ``SEC. 710. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT MANAGEMENT SERVICES TO PARTNERSHIP. ``(a) Treatment of Distributive Share of Partnership Items.--For purposes of this title, in the case of an investment services partnership interest-- ``(1) In general.--Notwithstanding section 702(b)-- ``(A) any net income with respect to such interest for any partnership taxable year shall be treated as ordinary income for the performance of services, and ``(B) any net loss with respect to such interest for such year, to the extent not disallowed under paragraph (2) for such year, shall be treated as an ordinary loss. ``(2) Treatment of losses.-- ``(A) Limitation.--Any net loss with respect to such interest shall be allowed for any partnership taxable year only to the extent that such loss does not exceed the excess (if any) of-- ``(i) the aggregate net income with respect to such interest for all prior partnership taxable years, over ``(ii) the aggregate net loss with respect to such interest not disallowed under this subparagraph for all prior partnership taxable years. ``(B) Carryforward.--Any net loss for any partnership taxable year which is not allowed by reason of subparagraph (A) shall be treated as an item of loss with respect to such partnership interest for the succeeding partnership taxable year. ``(C) Basis adjustment.--No adjustment to the basis of a partnership interest shall be made on account of any net loss which is not allowed by reason of subparagraph (A). ``(D) Prior partnership years.--Any reference in this paragraph to prior partnership taxable years shall only include prior partnership taxable years to which this section applies. ``(3) Net income and loss.--For purposes of this section-- ``(A) Net income.--The term `net income' means, with respect to any investment services partnership interest, for any partnership taxable year, the excess (if any) of-- ``(i) all items of income and gain taken into account by the holder of such interest under section 702 with respect to such interest for such year, over ``(ii) all items of deduction and loss so taken into account. ``(B) Net loss.--The term `net loss' means with respect to such interest for such year, the excess (if any) of the amount described in subparagraph (A)(ii) over the amount described in subparagraph (A)(i). ``(b) Dispositions of Partnership Interests.-- ``(1) Gain.--Any gain on the disposition of an investment services partnership interest shall be treated as ordinary income for the performance of services. ``(2) Loss.--Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of-- ``(A) the aggregate net income with respect to such interest for all partnership taxable years, over ``(B) the aggregate net loss with respect to such interest allowed under subsection (a)(2) for all partnership taxable years. ``(3) Disposition of portion of interest.--In the case of any disposition of an investment services partnership interest, the amount of net loss which otherwise would have (but for subsection (a)(2)(C)) applied to reduce the basis of such interest shall be disregarded for purposes of this section for all succeeding partnership taxable years. ``(4) Distributions of partnership property.--In the case of any distribution of appreciated property by a partnership with respect to any investment services partnership interest, gain shall be recognized by the partnership in the same manner as if the partnership sold such property at fair market value at the time of the distribution. For purposes of this paragraph, the term `appreciated property' means any property with respect to which gain would be determined if sold as described in the preceding sentence. ``(c) Investment Services Partnership Interest.--For purposes of this section-- ``(1) In general.--The term `investment services partnership interest' means any interest in a partnership which is held by any person if such person provides (directly or indirectly), in the active conduct of a trade or business, a substantial quantity of any of the following services to the partnership: ``(A) Advising the partnership as to the value of any specified asset. ``(B) Advising the partnership as to the advisability of investing in, purchasing, or selling any specified asset. ``(C) Managing, acquiring, or disposing of any specified asset. ``(D) Arranging financing with respect to acquiring specified assets. ``(E) Any activity in support of any service described in subparagraphs (A) through (D). For purposes of this paragraph, the term `specified asset' means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate, commodities (as defined in section 475(e)(2))), or options or derivative contracts with respect to securities (as so defined), real estate, or commodities (as so defined). ``(2) Exception for certain capital interests.-- ``(A) In general.--If-- ``(i) a portion of an investment services partnership interest is acquired on account of a contribution of invested capital, and ``(ii) the partnership makes a reasonable allocation of partnership items between the portion of the distributive share that is with respect to invested capital and the portion of such distributive share that is not with respect to invested capital, then subsection (a) shall not apply to the portion of the distributive share that is with respect to invested capital. An allocation will not be treated as reasonable for purposes of this subparagraph if such allocation would result in the partnership allocating a greater portion of income to invested capital than any other partner not providing services would have been allocated with respect to the same amount of invested capital. ``(B) Special rule for dispositions.--In any case to which subparagraph (A) applies, subsection (b) shall not apply to any gain or loss allocable to invested capital. The portion of any gain or loss attributable to invested capital is the proportion of such gain or loss which is based on the distributive share of gain or loss that would have been allocable to invested capital under subparagraph (A) if the partnership sold all of its assets immediately before the disposition. ``(C) Invested capital.--For purposes of this paragraph, the term `invested capital' means, the fair market value at the time of contribution of, any money or other property contributed to the partnership.''. (b) Application to Real Estate Investment Trusts.--Subsection (c) of section 856 of such Code is amended by adding at the end the following new paragraph: ``(8) Exception from recharacterization of income from investment services partnership interests.--Paragraphs (2), (3), and (4) shall be applied without regard to section 710 (relating to special rules for partners providing investment management services to partnership).''. (c) Conforming Amendments.-- (1) Subsection (d) of section 731 of such Code is amended by inserting ``section 710(b)(4) (relating to distributions of partnership property),'' before ``section 736''. (2) Section 741 of such Code is amended by inserting ``or section 710 (relating to special rules for partners providing investment management services to partnership)'' before the period at the end. (3) Paragraph (13) of section 1402(a) of such Code is amended-- (A) by striking ``other than guaranteed'' and inserting ``other than-- ``(A) guaranteed'', (B) by striking the semi-colon at the end and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(B) any income treated as ordinary income under section 710 received by an individual who provides a substantial quantity of the services described in section 710(c)(1);''. (4) Paragraph (12) of section 211(a) of the Social Security Act is amended-- (A) by striking ``other than guaranteed'' and inserting ``other than-- ``(A) guaranteed'', (B) by striking the semi-colon at the end and inserting ``, and'', and (C) by adding at the end the following new subparagraph: ``(B) any income treated as ordinary income under section 710 of the Internal Revenue Code of 1986 received by an individual who provides a substantial quantity of the services described in section 710(c)(1) of such Code;''. (5) The table of sections for part I of subchapter K of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 710. Special rules for partners providing investment management services to partnership.''.

Amends the Internal Revenue Code to treat as ordinary income (i.e., income taxed at regular income tax rates) income received by a partner from an investment services partnership interest. Defines "investment services partnership interest" as any interest in a partnership held by a person who provides services to a partnership by: (1) advising the partnership as to the value of specified assets (e.g., real estate, commodities, or options or derivative contracts); (2) advising the partnership about investing in, purchasing, or selling specified assets; (3) managing, acquiring, or disposing of specified assets; or (4) arranging financing with respect to acquiring specified assets.

To amend the Internal Revenue Code of 1986 to treat income received by partners for performing investment management services as ordinary income received for the performance of services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judgeship Act of 2008''. SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional circuit judge for the first circuit court of appeals; (2) 2 additional circuit judges for the second circuit court of appeals; (3) 2 additional circuit judges for the third circuit court of appeals; (4) 1 additional circuit judge for the sixth circuit court of appeals; (5) 2 additional circuit judges for the eighth circuit court of appeals; and (6) 4 additional circuit judges for the ninth circuit court of appeals. (b) Temporary Judgeships.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the ninth circuit court of appeals. The first 2 vacancies arising on the court 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Tables.--In order that the table contained in section 44 of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows: ``Circuits Number of judges District of Columbia............................... 11 First.............................................. 7 Second............................................. 15 Third.............................................. 16 Fourth............................................. 15 Fifth.............................................. 17 Sixth.............................................. 17 Seventh............................................ 11 Eighth............................................. 13 Ninth.............................................. 33 Tenth.............................................. 12 Eleventh........................................... 12 Federal............................................ 12.''. SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 4 additional district judges for the district of Arizona; (2) 4 additional district judges for the central district of California; (3) 4 additional district judges for the eastern district of California; (4) 2 additional district judges for the northern district of California; (5) 1 additional district judge for the district of Colorado; (6) 4 additional district judges for the middle district of Florida; (7) 2 additional district judges for the southern district of Florida; (8) 1 additional district judge for the southern district of Indiana; (9) 1 additional district judge for the district of Minnesota; (10) 1 additional district judge for the western district of Missouri; (11) 1 additional district judge for the district of Nebraska; (12) 1 additional district judge for the district of New Mexico; (13) 3 additional district judges for the eastern district of New York; (14) 1 additional district judge for the western district of New York; (15) 1 additional district judge for the district of Oregon; (16) 1 additional district judge for the district of South Carolina; (17) 1 additional district judge for the eastern district of Texas; (18) 2 additional district judges for the southern district of Texas; (19) 1 additional district judge for the western district of Texas; (20) 1 additional district judge for the eastern district of Virginia; and (21) 1 additional district judge for the western district of Washington. (b) Temporary Judgeships.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the middle district of Alabama; (2) 1 additional district judge for the district of Arizona; (3) 1 additional district judge for the central district of California; (4) 1 additional district judge for the northern district of California; (5) 1 additional district judge for the district of Colorado; (6) 1 additional district judge for the middle district of Florida; (7) 1 additional district judge for the southern district of Florida; (8) 1 additional district judge for the district of Idaho; (9) 1 additional district judge for the northern district of Iowa; (10) 1 additional district judge for the district of Nevada; (11) 1 additional district judge for the district of New Jersey; (12) 1 additional district judge for the district of New Mexico; (13) 1 additional district judge for the district of Oregon; and (14) 1 additional district judge for the district of Utah. For each of the judicial districts named in this subsection, the first vacancy arising on the district court 10 years or more after a judge is first confirmed to fill the temporary district judgeship created in that district by this subsection shall not be filled. (c) Existing Judgeships.-- (1) The existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650; 104 Stat. 5089) as amended by Public Law 105-53, and the existing judgeships for the district of Arizona and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (2) The existing judgeship for the northern district of Ohio authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089) as amended by Public Law 105-53, as of the effective date of this Act, shall be extended. The first vacancy in the office of district judge in this district occurring 20 years or more after the confirmation date of the judge named to fill the temporary judgeship created by section 302(c) shall not be filled. (d) Tables.--In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: ``Districts Judges Alabama: Northern..................................................... 7 Middle....................................................... 3 Southern..................................................... 3 Alaska......................................................... 3 Arizona........................................................ 17 Arkansas: Eastern...................................................... 5 Western...................................................... 3 California: Northern..................................................... 16 Eastern...................................................... 10 Central...................................................... 31 Southern..................................................... 13 Colorado....................................................... 8 Connecticut.................................................... 8 Delaware....................................................... 4 District of Columbia........................................... 15 Florida: Northern..................................................... 4 Middle....................................................... 19 Southern..................................................... 19 Georgia: Northern..................................................... 11 Middle....................................................... 4 Southern..................................................... 3 Hawaii......................................................... 4 Idaho.......................................................... 2 Illinois: Northern..................................................... 22 Central...................................................... 4 Southern..................................................... 4 Indiana: Northern..................................................... 5 Southern..................................................... 6 Iowa: Northern..................................................... 2 Southern..................................................... 3 Kansas......................................................... 6 Kentucky: Eastern...................................................... 5 Western...................................................... 4 Eastern and Western.......................................... 1 Louisiana: Eastern...................................................... 12 Middle....................................................... 3 Western...................................................... 7 Maine.......................................................... 3 Maryland....................................................... 10 Massachusetts.................................................. 13 Michigan: Eastern...................................................... 15 Western...................................................... 4 Minnesota...................................................... 8 Mississippi: Northern..................................................... 3 Southern..................................................... 6 Missouri: Eastern...................................................... 7 Western...................................................... 6 Eastern and Western.......................................... 2 Montana........................................................ 3 Nebraska....................................................... 4 Nevada......................................................... 7 New Hampshire.................................................. 3 New Jersey..................................................... 17 New Mexico..................................................... 8 New York: Northern..................................................... 5 Southern..................................................... 28 Eastern...................................................... 18 Western...................................................... 5 North Carolina: Eastern...................................................... 4 Middle....................................................... 4 Western...................................................... 4 North Dakota................................................... 2 Ohio: Northern..................................................... 11 Southern..................................................... 8 Oklahoma: Northern..................................................... 3 Eastern...................................................... 1 Western...................................................... 6 Northern, Eastern, and Western............................... 1 Oregon......................................................... 7 Pennsylvania: Eastern...................................................... 22 Middle....................................................... 6 Western...................................................... 10 Puerto Rico.................................................... 7 Rhode Island................................................... 3 South Carolina................................................. 11 South Dakota................................................... 3 Tennessee: Eastern...................................................... 5 Middle....................................................... 4 Western...................................................... 5 Texas: Northern..................................................... 12 Southern..................................................... 21 Eastern...................................................... 8 Western...................................................... 14 Utah........................................................... 5 Vermont........................................................ 2 Virginia: Eastern...................................................... 12 Western...................................................... 4 Washington: Eastern...................................................... 4 Western...................................................... 8 West Virginia: Northern..................................................... 3 Southern..................................................... 5 Wisconsin: Eastern...................................................... 5 Western...................................................... 2 Wyoming........................................................ 3.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--This Act (including the amendments made by this Act) shall take effect on January 21, 2009. (b) Coordination Rule.--The amendments made by this Act shall take effect after the amendment made by section 509(a)(2) of the Court Security Improvement Act of 2007 (Public Law 110-177; 121 Stat 2543).

Federal Judgeship Act of 2008 - Directs the President to: (1) appoint additional circuit judges for the first, second, third, sixth, eighth, and ninth circuit courts of appeals and temporary judges for the ninth circuit court of appeals; and (2) appoint additional permanent and temporary district judges for districts in specified states.

A bill to provide for the appointment of additional Federal circuit and district judges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Oversight and Accountability Act''. SEC. 2. REPORTS RELATING TO SECURITY CLEARANCES. (a) Reports.-- (1) In general.--Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at the end the following new section: ``reports on security clearances ``Sec. 508. (a) Quadrennial Audit of Position Requirements.-- ``(1) In general.--The President shall every four years conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the Federal Government. ``(2) Submission.--Not later than 30 days after the completion of an audit conducted under paragraph (1), the President shall submit to Congress the results of such audit. ``(b) Report on Security Clearance Determinations.-- ``(1) In general.--Not later than February 1 of each year, the President (or a designee of the President) shall submit to Congress a report on the security clearance process. Such report shall include, for each security clearance level-- ``(A) the number of government employees who-- ``(i) held a security clearance at such level as of October 1 of the preceding year; and ``(ii) were approved for a security clearance at such level during the preceding fiscal year; ``(B) the number of contractors who-- ``(i) held a security clearance at such level as of October 1 of the preceding year; and ``(ii) were approved for a security clearance at such level during the preceding fiscal year; and ``(C) for each element of the intelligence community-- ``(i) the amount of time it took to process the fastest 80 percent of security clearance determinations for such level; ``(ii) the amount of time it took to process the fastest 90 percent of security clearance determinations for such level; ``(iii) the number of open security clearance investigations for such level that have remained open for-- ``(I) 4 months or less; ``(II) between 4 months and 8 months; ``(III) between 8 months and 12 months; and ``(IV) more than a year; ``(iv) the percentage of reviews that result in a denial or revocation of a security clearance; ``(v) the percentage of investigations that resulted in incomplete information; and ``(vi) the percentage of investigations that did not result in enough information to make a decision on potentially adverse information. ``(2) Security clearance levels.--For purposes of paragraph (1), the Director of National Intelligence may consider-- ``(A) security clearances at the level of confidential and secret as one security clearance level; and ``(B) security clearances at the level of top secret or higher as one security clearance level. ``(c) Director of OMB.--Not later than February 1 of each year, the Director of the Office of Management and Budget shall submit to Congress a report on security clearance determinations completed or ongoing during the preceding fiscal year that have taken longer than 1 year to complete. Such report shall include-- ``(1) the number of security clearance determinations for positions as employees of the Federal Government that required more than 1 year to complete; ``(2) the number of security clearance determinations for contractors that required more than 1 year to complete; ``(3) the agencies that investigated and adjudicated such determinations; and ``(4) the cause of significant delays in such determinations.''. (2) Report on metrics for adjudication quality.--Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report on security clearance investigations and adjudications. Such report shall include-- (A) Federal Government-wide adjudication guidelines and metrics for adjudication quality; (B) a plan to improve the professional development of security clearance adjudicators; (C) metrics to evaluate the effectiveness of interagency clearance reciprocity; and (D) Federal Government-wide investigation standards and metrics for investigation quality. (3) Clerical amendment.--The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 507 the following new item: ``Sec. 508. Reports on security clearances.''. (b) Initial Audit.--The first audit required to be conducted under section 508(a)(1) of the National Security Act of 1947 (as added by subsection (a)) shall be completed not later than February 1, 2010.

Security Clearance Oversight and Accountability Act - Amends the National Security Act of 1947 to direct the President: (1) every four years, to conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the federal government, and report audit results to Congress; (2) every year, to report to Congress on the security clearance process with respect to government employees, government contractors, and intelligence community personnel; and (3) to submit a one-time report to Congress on security clearance investigations and adjudications. Requires the Director of the Office of Management and Budget (OMB) to report annually to Congress on security clearance determinations completed or ongoing during the preceding fiscal year that have taken longer than one year to complete.

To amend the National Security Act of 1947 to revise reporting requirements related to security clearances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Overmedication Prevention Act of 2017''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INDEPENDENT REVIEW OF CERTAIN DEATHS OF VETERANS BY SUICIDE. (a) Review Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a review of the deaths of all covered veterans who died by suicide during the five-year period ending on the date of the enactment of this Act, regardless of whether information relating to such deaths has been reported by the Centers for Disease Control and Prevention. (2) Elements.--The review required by paragraph (1) shall include the following: (A) The total number of covered veterans who died by suicide during the five-year period ending on the date of the enactment of this Act. (B) The total number of covered veterans who died by a violent death during such five-year period. (C) The total number of covered veterans who died by an accidental death during such five-year period. (D) A description of each covered veteran described in subparagraphs (A) through (C), including age, gender, race, and ethnicity. (E) A comprehensive list of prescribed medications and legal or illegal substances as annotated on toxicology reports of covered veterans described in subparagraphs (A) through (C), specifically listing any medications that carried a black box warning, were prescribed for off-label use, were psychotropic, or carried warnings that included suicidal ideation. (F) A summary of medical diagnoses by physicians of the Department of Veterans Affairs or physicians providing services to covered veterans through programs of the Department that led to the prescribing of medications referred to in subparagraph (E) in cases of post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other anxiety and depressive disorders. (G) The number of instances in which a covered veteran described in subparagraph (A), (B), or (C) was concurrently on multiple medications prescribed by physicians of the Department or physicians providing services to veterans through programs of the Department to treat post-traumatic stress disorder, traumatic brain injury, military sexual trauma, other anxiety and depressive disorders, or instances of comorbidity. (H) The number of covered veterans described in subparagraphs (A) through (C) who were not taking any medication prescribed by a physician of the Department or a physician providing services to veterans through a program of the Department. (I) With respect to the treatment of post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or other anxiety and depressive disorders, the percentage of covered veterans described in subparagraphs (A) through (C) who received a non- medication first-line treatment compared to the percentage of such veterans who received medication only. (J) With respect to the treatment of covered veterans described in subparagraphs (A) through (C) for post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or other anxiety and depressive disorders, the number of instances in which a non- medication first-line treatment (such as cognitive behavioral therapy) was attempted and determined to be ineffective for such a veteran, which subsequently led to the prescribing of a medication referred to in subparagraph (E). (K) A description and example of how the Department determines and continually updates the clinical practice guidelines governing the prescribing of medications. (L) An analysis of the use by the Department, including protocols or practices at medical facilities of the Department, of systematically measuring pain scores during clinical encounters under the Pain as the 5th Vital Sign Toolkit of the Department and an evaluation of the relationship between the use of such measurements and the number of veterans concurrently on multiple medications prescribed by physicians of the Department. (M) A description of the efforts of the Department to maintain appropriate staffing levels for mental health professionals, such as mental health counselors, marriage and family therapists, and other appropriate counselors, including-- (i) a description of any impediments to carry out the education, training, and hiring of mental health counselors and marriage and family therapists under section 7302(a) of title 38, United States Code, and strategies for addressing those impediments; (ii) a description of the objectives, goals, and timing of the Department with respect to increasing the representation of such counselors and therapists in the behavioral health workforce of the Department, including-- (I) a review of eligibility criteria for such counselors and therapists and a comparison of such criteria to that of other behavioral health professions in the Department; and (II) an assessment of the participation of such counselors and therapists in the mental health professionals trainee program of the Department and any impediments to such participation; (iii) an assessment of the development by the Department of hiring guidelines for mental health counselors, marriage and family therapists, and other appropriate counselors; (iv) a description of how the Department-- (I) identifies gaps in the supply of mental health professionals; and (II) determines successful staffing ratios for mental health professionals of the Department; (v) a description of actions taken by the Secretary, in consultation with the Director of the Office of Personnel Management, to create an occupational series for mental health counselors and marriage and family therapists of the Department and a timeline for the creation of such an occupational series; and (vi) a description of actions taken by the Secretary to ensure that the national, regional, and local professional standards boards for mental health counselors and marriage and family therapists are comprised of only mental health counselors and marriage and family therapists and that the liaison from the Department to such boards is a mental health counselor or marriage and family therapist. (N) The percentage of covered veterans described in subparagraphs (A) through (C) with combat experience or trauma related to combat experience (including military sexual trauma, traumatic brain injury, and post- traumatic stress). (O) An identification of the medical facilities of the Department with markedly high prescription rates and suicide rates for veterans receiving treatment at those facilities. (P) An analysis, by State, of programs of the Department that collaborate with State Medicaid agencies and the Centers for Medicare and Medicaid Services, including the following: (i) An analysis of the sharing of prescription and behavioral health data for veterans. (ii) An analysis of whether Department staff check with State prescription drug monitoring programs before prescribing medications to veterans. (iii) A description of the procedures of the Department for coordinating with prescribers outside of the Department to ensure that veterans are not overprescribed. (iv) A description of actions that the Department takes when a veteran is determined to be overprescribed. (Q) An analysis of the collaboration of medical centers of the Department with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death. (R) An identification and determination of a best practice model to collect and share veteran death certificate data between the Department of Veterans Affairs, the Department of Defense, States, and tribal entities. (S) A description of how data relating to death certificates of veterans is collected, determined, and reported by the Department of Veterans Affairs. (T) An assessment of any patterns apparent to the National Academies of Sciences, Engineering, and Medicine based on the review conducted under paragraph (1). (U) Such recommendations for further action that would improve the safety and well-being of veterans as the National Academies of Sciences, Engineering, and Medicine determine appropriate. (3) Compilation of data.-- (A) Form of compilation.--The Secretary of Veterans Affairs shall ensure that data compiled under paragraph (2) is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating clinical practice guidelines of the Department of Veterans Affairs. (B) Compilation of data regarding covered veterans.--In compiling data under paragraph (2) regarding covered veterans described in subparagraphs (A) through (C) of such paragraph, data regarding veterans described in each such subparagraph shall be compiled separately and disaggregated by year. (4) Completion of review and report.--The agreement entered into under paragraph (1) shall require that the National Academies of Sciences, Engineering, and Medicine complete the review under such paragraph and submit to the Secretary of Veterans Affairs a report containing the results of the review not later than 180 days after entering into the agreement. (b) Report.--Not later than 30 days after the completion by the National Academies of Sciences, Engineering, and Medicine of the review required under subsection (a), the Secretary of Veterans Affairs shall-- (1) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the review; and (2) make such report publicly available. (c) Definitions.--In this section: (1) The term ``black box warning'' means a warning displayed on the label of a prescription drug that is designed to call attention to the serious or life-threatening risk of the prescription drug. (2) The term ``covered veteran'' means a veteran who received hospital care or medical services furnished by the Department of Veterans Affairs during the five-year period preceding the death of the veteran. (3) The term ``first-line treatment'' means a potential intervention that has been evaluated and assigned a high score within clinical practice guidelines. (4) The term ``State'' means each of the States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Veteran Overmedication Prevention Act of 2017 This bill requires the Department of Veterans Affairs (VA) to contract with the National Academies of Sciences, Engineering, and Medicine to review the deaths of all covered veterans who died by suicide during the last five years, regardless of whether information relating to such deaths has been reported by the Centers for Disease Control and Prevention. A "covered veteran" is any veteran who received VA hospital care or medical services during the five-year period preceding the veteran's death. The review shall include: the total numbers of veterans who died by suicide, violent death, or accidental death; the percentage of such veterans with combat experience or related trauma; each veteran's age, gender, race, and ethnicity; a list of medications and substances prescribed to such veterans; a summary of medical diagnoses that led to such prescriptions in cases of anxiety and depressive disorders; the number of instances in which such a veteran was concurrently on multiple prescribed medications; the number of such veterans who were not taking any prescribed medication; the percentage of such veterans treated for anxiety or depressive disorders who received a non-medication first-line treatment compared to the percentage who received medication only; descriptions of how the VA determines and updates clinical practice guidelines for prescribing medications and of VA efforts to maintain appropriate staffing levels for mental health professionals; an analysis of VA's use of systematically measuring pain scores during clinical encounters and how that relates to the number of veterans concurrently on multiple prescribed medications; identification of VA medical facilities with markedly high prescription rates and suicide rates for treated veterans; an analysis of VA programs that collaborate with state Medicaid agencies and the Centers for Medicare and Medicaid Services; an analysis of VA medical center collaboration with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death; identification of a best practice model to collect and share veteran death certificate data; a description of how data relating to death certificates of veterans is collected, determined, and reported by the VA; an assessment of any apparent patterns based on the review; and recommendations to improve the safety and well-being of veterans. The VA shall ensure that such data is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating VA clinical practice guidelines.

Veteran Overmedication Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. SEC. 3. DEFINITIONS. In this Act: (1) Carbon monoxide alarm.--The term ``carbon monoxide alarm'' means a device or system that-- (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (2) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (3) Compliant carbon monoxide alarm.--The term ``compliant carbon monoxide alarm'' means a carbon monoxide alarm that complies with the most current version of-- (A) the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and (B) the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). (4) Dwelling unit.--The term ``dwelling unit'' means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building. (5) Fire code enforcement officials.--The term ``fire code enforcement officials'' means officials of the fire safety code enforcement agency of a State or local government. (6) NFPA 720.--The term ``NFPA 720'' means-- (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. (7) State.--The term ``State'' has the meaning given such term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) and includes the Northern Mariana Islands and any political subdivision of a State. SEC. 4. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION. (a) In General.--Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States to carry out the carbon monoxide poisoning prevention activities described in subsection (e). (b) Eligibility.--For purposes of this section, an eligible State is any State that-- (1) demonstrates to the satisfaction of the Commission that the State has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submits an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State by the fire code enforcement officials for such State. (c) Grant Amount.--The Commission shall determine the amount of the grants awarded under this section. (d) Selection of Grant Recipients.--In selecting eligible States for the award of grants under this section, the Commission shall give favorable consideration to an eligible State that-- (1) requires the installation of compliant carbon monoxide alarms in new or existing educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units-- (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; and (2) has developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households. (e) Use of Grant Funds.-- (1) In general.--An eligible State receiving a grant under this section may use such grant-- (A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (B) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (C) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (D) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (2) Limitations.-- (A) Administrative costs.--Not more than 10 percent of any grant amount received under this section may be used to cover administrative costs not directly related to training described in paragraph (1)(B). (B) Public outreach.--Not more than 25 percent of any grant amount received under this section may be used to cover costs of activities described in paragraph (1)(D). (f) Authorization of Appropriations.-- (1) In general.--Subject to paragraph (2), there is authorized to be appropriated to the Commission, for each of the fiscal years 2015 through 2019, $2,000,000, which shall remain available until expended to carry out this Act. (2) Limitation on administrative expenses.--Not more than 10 percent of the amounts appropriated or otherwise made available to carry out this section may be used for administrative expenses. (3) Retention of amounts.--Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2019, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act (15 U.S.C. 2051). (g) Report.--Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section.

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2014 - Directs the Consumer Product Safety Commission (CPSC) to establish a grant program to provide assistance to states that require compliant carbon monoxide alarms to be installed in dwelling units. Defines "compliant carbon monoxide alarm" as an alarm that complies with the American National Standard for Single and Multiple Station Carbon Monoxide Alarms as well as the American National Standard for Gas and Vapor Detectors and Sensors. Permits states receiving grants to use such funds to: (1) purchase and install such alarms in dwelling units of low-income families or elderly persons, childcare facilities, public schools, senior centers, or student dwelling units owned by public universities; (2) train state or local fire code enforcement officials regarding compliance and installation; and (3) educate the public about the risk of carbon monoxide poisoning.

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Safety Act of 2010''. SEC. 2. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) Dietary Supplement Facility.--The term `dietary supplement facility' means any business or operation engaged in manufacturing, packaging, holding, distributing, labeling, or licensing a dietary supplement for consumption in the United States.''. (b) Registration of Dietary Supplement Facilities.-- (1) Adulterated food.--Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by inserting at the end the following: ``(j) If it is a dietary supplement that is manufactured, packaged, held, distributed, labeled, or licensed by a dietary supplement facility that is not registered with the Secretary.''. (2) Registration of food facilities.--Section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d) is amended-- (A) in the section heading, by striking ``facilities'' and inserting ``and dietary supplement facilities''; and (B) in subsection (a)-- (i) in paragraph (2)-- (I) by striking ``An entity'' and inserting the following: ``(A) Food facilities.--An entity''; and (II) by adding at the end the following: ``(B) Dietary supplement facilities.-- ``(i) In general.--A dietary supplement facility (referred to in the section as a `dietary supplement registrant') shall submit a registration under paragraph (1) to the Secretary containing information necessary to notify the Secretary of the name and address of each facility at which, and all trade names under which, the dietary supplement registrant conducts business. At the time of registration, the dietary supplement registrant shall also file with the Secretary a list of all dietary supplements manufactured, packaged, held, distributed, labeled, or licensed by the facility. Such list shall be prepared in such form and manner as the Secretary may prescribe, and shall be accompanied by a full list of the ingredients contained in each dietary supplement, and a copy of the labeling used by the facility for each dietary supplement. ``(ii) Updates.--Each dietary supplement registrant shall update the registrant's registration annually on or before the anniversary date of the registrant's initial registration. Each dietary supplement registrant shall also update the registrant's registration to include information regarding any new dietary supplement, or reformulation of an existing dietary supplement, on or before the date such dietary supplement is marketed for consumption in the United States.''; and (ii) in paragraph (3), by inserting ``or dietary supplement registrant'' after ``notify the registrant''. (c) New Dietary Ingredients.--Section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--A dietary supplement which contains a new dietary ingredient shall be deemed adulterated under section 402(f) unless there is a history of use or other evidence of safety establishing that the dietary ingredient when used under the conditions recommended or suggested in the labeling of the dietary supplement will reasonably be expected to be safe and, at least 75 days before being introduced or delivered for introduction into interstate commerce, the manufacturer or distributor of the dietary ingredient or dietary supplement provides the Secretary with information, including any citation to published articles, which is the basis on which the manufacturer or distributor has concluded that a dietary supplement containing such dietary ingredient will reasonably be expected to be safe. The Secretary shall keep confidential any information provided under this subsection for 90 days following its receipt. After the expiration of such 90 days, the Secretary shall place such information on public display, except matters in the information which are trade secrets or otherwise confidential, commercial information.''; (2) in subsection (c), by striking ``was not marketed in the United States before October 15, 1994 and does not include any dietary ingredient which was marketed in the United States before October 15, 1994'' and inserting ``is not included on the list of `Accepted Dietary Ingredients', to be prepared, published, and maintained by the Secretary''; and (3) by adding at the end the following: ``(d) Maintaining Substantiation File.--Any person submitting information to the Secretary under subsection (a) shall create and maintain a scientifically reasonable substantiation file relating to the claim that the dietary ingredient or dietary supplement will reasonably be expected to be safe. The substantiation file shall be prepared and maintained in such form and manner as the Secretary may prescribe and shall be available for review and inspection by the Secretary upon request. ``(e) Evidence of Compliance.--A dietary supplement facility or retailer shall, prior to manufacturing, packaging, holding, distributing, labeling, or licensing the dietary supplement, obtain adequate written evidence from the preceding responsible entity in the chain of commerce that the product is registered as required by section 415 and that the requirements of subsection (a) have been met. Such facility or retailer shall maintain such evidence of compliance for review and inspection by the Secretary upon request.''. (d) Civil Monetary Penalty for Non-Compliance.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h) Civil Monetary Penalty for Non-Compliance.--Notwithstanding the provisions of subsection (a), any person who manufacturers, packages, holds, distributes, labels, or licenses a dietary supplement in violation of section 301, 402, 413, 415, 501, 502, 505, or 761, may, in addition to other penalties imposed in this section, be fined not more than twice the gross profits or other proceeds derived from the manufacture, packaging, holding, distribution, labeling, or license of such dietary supplement.''. (e) Adverse Event Reporting for Dietary Supplements.--Section 761 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379aa-1) is amended-- (1) in the section heading, by striking ``serious adverse'' and inserting ``adverse''; (2) in subsection (a), by adding at the end the following: ``(4) Adverse event report.--The term `adverse event report' means a report of non-serious adverse events that is required to be submitted to the Secretary under subsection (b).''; (3) in subsection (b)(1)-- (A) by striking ``The manufacturer'' and inserting the following: ``(A) Serious adverse events.--The manufacturer''; and (B) by adding at the end the following: ``(B) Non-serious adverse events.--The manufacturer, packer, holder, distributor, labeler, or licensee of a dietary supplement, whose name appears on the label of a dietary supplement marketed in the United States, shall submit to the Secretary, in such form and manner as the Secretary shall determine, a compilation report of all non-serious adverse events associated with such dietary supplement when used in the United States, accompanied by a copy of the label on or within the retail packaging of such dietary supplement.''; (4) in subsection (c)(1), by adding at the end: ``The responsible person shall annually submit to the Secretary a compilation report of all non-serious adverse events received during the preceding year.''; (5) in subsection (e)(1), by adding at the end: ``The responsible person shall maintain records related to each annually submitted adverse event report for a period of 3 years.''; and (6) in subsection (f), by striking ``or an adverse event report voluntarily submitted'' and inserting ``or a non-serious adverse report submitted annually''. (f) Recall Authority for Dietary Supplements.-- (1) In general.--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: ``SEC. 418. RECALL AUTHORITY FOR DIETARY SUPPLEMENTS. ``(a) Recall Authority.-- ``(1) Cease distribution and notification order.-- ``(A) In general.--If the Secretary finds there is a reasonable probability that a dietary supplement or a product marketed or sold as a dietary supplement would cause serious, adverse health consequences or death, or is adulterated or misbranded, the Secretary shall issue a cease distribution and notification order requiring the person named in the order to immediately-- ``(i) cease distribution of such dietary supplement or a product marketed or sold as a dietary supplement; ``(ii) notify distributors, importers, retailers, and consumers of the order; and ``(iii) instruct those distributors, importers, retailers, and consumers to cease distributing, importing, selling, and using the dietary supplement. ``(B) Informal hearing.--An order described in subparagraph (A) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the dietary supplement or the product marketed or sold as a dietary supplement. The person subject to the order shall have 5 days to notify the Secretary of the person's intent to challenge the order. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(2) Recall.-- ``(A) In general.--If, after providing an opportunity for an informal hearing under paragraph (1), the Secretary determines that the order should be amended to include a recall of the dietary supplement or the product marketed or sold as a dietary supplement with respect to which the order was issued, the Secretary shall, except as provided in subparagraphs (B) and (C), amend the order to require a recall. The Secretary shall specify a timetable in which the dietary supplement recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. The Secretary shall have the authority to initiate the action prescribed in this subparagraph regardless of whether or not the person subject to the order elects to exercise the right to challenge the initial order as permitted under paragraph (1). ``(B) Content of amended order.--An amended order under subparagraph (A)-- ``(i) shall not include recall of the dietary supplement or the product marketed or sold as a dietary supplement from individuals; and ``(ii) shall provide for notice to individuals, at the expense of retailers and to the satisfaction of the Secretary, subject to the risks associated with the use of such dietary supplement. ``(C) Notification.--In providing the notice required by subparagraph (B)(ii), if a significant number of such individuals cannot be identified, the Secretary shall notify such individuals pursuant to section 705(b).''.

Dietary Supplement Safety Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to deem a dietary supplement that is manufactured, packaged, held, distributed, labeled, or licensed by a dietary supplement facility that is not registered with the Secretary of Health and Human Services (HHS) to be adulterated. Requires annual registration of dietary supplement facilities. Revises provisions that deem a dietary supplement to be adulterated to remove a provision that would allow dietary supplements that contained only dietary ingredients which have been present in the food supply as an article used for food in a form in which the food has not been chemically altered. Requires any person submitting information to the Secretary on the safety of dietary ingredients to create and maintain a scientifically reasonable substantiation file relating to the claim that the dietary ingredient or dietary supplement will reasonably be expected to be safe. Requires a dietary supplement facility or retailer to obtain adequate written evidence from the previous responsible entity in the chain of commerce that registration and safety requirements have been met. Sets forth civil penalties for FFDCA violations related to dietary supplements. Allows fines of not more than twice the gross profits or other proceeds derived from such dietary supplement. Requires reports to the Secretary on all non-serious adverse events associated with dietary supplements when used in the United States. Sets forth the Secretary's authority to order an immediate cease of distribution and to order a recall, after a hearing, of a dietary supplement.

A bill to amend the Federal Food, Drug, and Cosmetic Act to more effectively regulate dietary supplements that may pose safety risks unknown to consumers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Responsibility Using Government Accountability Laws Act of 2014'' or the ``FRUGAL Act''. SEC. 2. OFFSHORE TAX POLICIES ENFORCEMENT. (a) Determination of Extent of Taxpayer Compliance in Reporting on Foreign Accounts.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Treasury Inspector General for Tax Administration shall-- (A) conduct an analysis designed to measure the extent to which taxpayers are reporting existing foreign accounts and circumventing the 2003 Offshore Voluntary Compliance Initiative, 2009 Offshore Voluntary Disclosure Program, 2011 Offshore Voluntary Disclosure Initiative, and 2012 Offshore Voluntary Disclosure Programs and the extent to which taxpayers are properly utilizing offshore voluntary disclosure initiatives, and (B) submit a report to Congress based on the analysis. (2) Report.--The report required by paragraph (1) shall-- (A) specify the extent to which taxpayers are circumventing offshore voluntary compliance initiatives and the amount of lost revenue as a result of such circumvention, and (B) contain such recommendations as the Treasury Inspector General for Tax Administration considers is necessary or appropriate for closing offshore tax loopholes and increasing revenue collection from offshore sources. (b) Increase in Educational Outreach Concerning Taxpayer Offshore Tax Obligations.-- (1) In general.--The Commissioner of Internal Revenue shall-- (A) improve targeting taxpayers with offshore accounts by determining how taxpayers learned about the offshore voluntary disclosure program and targeting outreach efforts about offshore account reporting requirements to recent immigrants, and (B) use data gained from offshore programs-- (i) to identify taxpayers with unreported foreign accounts, and (ii) to educate populations of taxpayers that might not be aware of their tax obligations related to offshore income filing requirements. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit a report to Congress describing how the Internal Revenue Service will close offshore tax loopholes and containing recommendations for closing offshore tax loopholes and increasing revenue collection from offshore sources. SEC. 3. REVERSE AUCTIONS IN GOVERNMENT CONTRACTING. (a) Revision of FAR.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to clarify the provisions relating to the use of reverse auctions by Federal agencies. (b) Guidelines.--The revisions to the Federal Acquisition Regulation shall include guidelines for the most efficient use of reverse auctions, including guidelines for ensuring that reverse auctions uphold high quality standards and that small businesses can continue to participate in the procurement process. (c) Reverse Auction Defined.--In this section, the term ``reverse auction'', with respect to a procurement by a Federal agency, means a real-time auction conducted through an electronic medium by a group of offerors that compete against each other by submitting bids for a contract or a task or delivery order, with the ability to submit revised bids throughout the course of the auction, with award made to the offeror that submits the lowest bid. SEC. 4. COIN INVENTORY MANAGEMENT PLAN AND REPORT. (a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall develop and implement a plan to reduce spending on coin inventory management. (b) Contents of Plan.--The plan required under subsection (a) shall-- (1) assess factors that have increased coin management costs; (2) establish a process to separately monitor direct and indirect costs, including support costs, of coin management; (3) establish goals and performance metrics related to coin management costs; and (4) establish a process to systematically track, analyze, and revise forecasting models of coin orders. (c) Report.--The Board of Governors shall submit to Congress a report on the plan that includes-- (1) a timeline for implementing each objective of the plan; (2) a description of the accuracy of monthly forecasts of coin orders; and (3) a description of cost effective coin management practices across Federal reserve banks.

Fiscal Responsibility Using Government Accountability Laws Act of 2014 or the FRUGAL Act - Requires the Treasury Inspector General for Tax Administration to analyze the extent to which taxpayers are reporting existing foreign accounts and are circumventing or properly utilizing offshore voluntary disclosure initiatives and programs. Requires the Internal Revenue Service (IRS) to: (1) increase educational outreach concerning taxpayer offshore tax obligations, and (2) report to Congress on closing offshore tax loopholes and increasing revenue collection from offshore sources. Requires the Federal Acquisition Regulation to be revised to include guidelines for federal agencies to use reverse auctions, an electronic auction in which offerors compete by submitting bids or revised bids for a contract, task, or delivery order until the award is made to the offeror with the lowest bid. States that the guidelines should ensure that reverse auctions uphold high quality standards and that small businesses can continue to participate in the procurement process. Requires the Board of Governors of the Federal Reserve System to develop and implement a plan to reduce spending on coin inventory management.

FRUGAL Act

SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL FOREST, CALIFORNIA. (a) Conveyance Required.--Subject to valid existing rights and settlement of claims as provided in this section, the Secretary of Agriculture shall convey to KATY 101.3 FM (in this section referred to as ``KATY'') all right, title and interest of the United States in and to a parcel of real property consisting of approximately 1.06 acres within the San Bernardino National Forest in Riverside County, California, generally located in the north \1/2\ of section 23, township 5 south, range 2 east, San Bernardino meridian. (b) Legal Description.--The Secretary and KATY shall, by mutual agreement, prepare the legal description of the parcel of real property to be conveyed under subsection (a), which is generally depicted as Exhibit A-2 in an appraisal report of the subject parcel dated August 26, 1999, by Paul H. Meiling. (c) Consideration.--Consideration for the conveyance under subsection (a) shall be equal to the appraised fair market value of the parcel of real property to be conveyed. Any appraisal to determine the fair market value of the parcel shall be prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisition and approved by the Secretary. (d) Settlement.--In addition to the consideration referred to in subsection (c), upon the receipt of $16,600 paid by KATY to the Secretary, the Secretary shall release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. (e) Access Requirements.--Notwithstanding section 1323(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or any other law, the Secretary is not required to provide access over National Forest System lands to the parcel of real property to be conveyed under subsection (a). (f) Administrative Costs.--Any costs associated with the creation of a subdivided parcel, recordation of a survey, zoning, and planning approval, and similar expenses with respect to the conveyance under this section, shall be borne by KATY. (g) Assumption of Liability.--By acceptance of the conveyance of the parcel of real property referred to in subsection (a), KATY, and its successors and assigns will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (also known as ``GTE'') KATY, and any third party that is associated with the parcel, including liability for any buildings or personal property on the parcel belonging to GTE and any other third parties. (h) Treatment of Receipts.--All funds received pursuant to this section shall be deposited in the fund established under Public Law 90- 171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds shall remain available to the Secretary, until expended, for the acquisition of lands, waters, and interests in land for the inclusion in the San Bernardino National Forest. (i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter 438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat. 227), is further amended-- (1) by striking the comma after the words ``Secretary of Agriculture''; (2) by striking the words ``with the approval of the National Forest Reservation Commission established by section 4 of the Act of March 1, 1911 (16 U.S.C. 513),''; (3) by inserting the words ``, real property or interests in lands,'' after the word ``lands'' the first time it is used; (4) by striking ``San Bernardino and Cleveland'' and inserting ``San Bernardino, Cleveland and Los Angeles''; (5) by striking ``county of Riverside'' each place it appears and inserting ``counties of Riverside and San Bernardino''; (6) by striking ``as to minimize soil erosion and flood damage'' and inserting ``for National Forest System purposes''; and (7) after the ``Provided further, That'', by striking the remainder of the sentence to the end of the paragraph, and inserting ``twelve and one-half percent of the monies otherwise payable to the State of California for the benefit of San Bernardino County under the aforementioned Act of March 1, 1911 (16 U.S.C. 500) shall be available to be appropriated for expenditure in furtherance of this Act.''. SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT CLARIFYING AMENDMENTS. The Santa Rosa and San Jacinto Mountains National Monument Act of 2000 is amended as follows: (1) In the second sentence of section 2(d)(1), by striking ``and the Committee on Agriculture, Nutrition, and Forestry''. (2) In the second sentence of section 4(a)(3), by striking ``Nothing in this section'' and inserting ``Nothing in this Act''. (3) In section 4(c)(1), by striking ``any person, including''. (4) In section 5, by adding at the end the following: ``(j) Wilderness Protection.--Nothing in this Act alters the management of any areas designated as Wilderness which are within the boundaries of the National Monument. All such areas shall remain subject to the Wilderness Act (16 U.S.C. 1131 et seq.), the laws designating such areas as Wilderness, and other applicable laws. If any part of this Act conflicts with any provision of those laws with respect to the management of the Wilderness areas, such provision shall control.''. SEC. 3. TECHNICAL CORRECTION. The Santo Domingo Pueblo Claims Settlement Act of 2000 is amended by adding at the end: ``SEC. 7. MISCELLANEOUS PROVISIONS. ``(a) Exchange of Certain Lands with New Mexico.-- ``(1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall acquire by exchange the State of New Mexico trust lands located in township 16 north, range 4 east, section 2, and all interests therein, including improvements, mineral rights and water rights. ``(2) Use of other lands.--In acquiring lands by exchange under paragraph (1), the Secretary may utilize unappropriated public lands within the State of New Mexico. ``(3) Value of lands.--The lands exchanged under this subsection shall be of approximately equal value, and the Secretary may credit or debit the ledger account established in the Memorandum of Understanding between the Bureau of Land Management, the New Mexico State Land Office, and the New Mexico Commissioner of Public Lands, in order to equalize the values of the lands exchanged. ``(4) Conveyance.-- ``(A) By secretary.--Upon the acquisition of lands under paragraph (1), the Secretary shall convey all title and interest to such lands to the Pueblo by sale, exchange or otherwise, and the Pueblo shall have the exclusive right to acquire such lands. ``(B) By pueblo.--Upon the acquisition of lands under subparagraph (A), the Pueblo may convey such land to the Secretary who shall accept and hold such lands in trust for the benefit of the Pueblo. ``(b) Other Exchanges of Land.-- ``(1) In general.--In order to further the purposes of this Act-- ``(A) the Pueblo may enter into agreements to exchange restricted lands for lands described in paragraph (2); and ``(B) any land exchange agreements between the Pueblo and any of the parties to the action referred to in paragraph (2) that are executed not later than December 31, 2001, shall be deemed to be approved. ``(2) Lands.--The land described in this paragraph is the land, title to which was at issue in Pueblo of Santo Domingo v. Rael (Civil No. 83-1888 (D.N.M.)). ``(3) Land to be held in trust.--Upon the acquisition of lands under paragraph (1), the Pueblo may convey such land to the Secretary who shall accept and hold such lands in trust for the benefit of the Pueblo. ``(4) Rule of construction.--Nothing in this subsection shall be construed to limit the provisions of section 5(a) relating to the extinguishment of the land claims of the Pueblo. ``(c) Approval of Certain Resolutions.--All agreements, transactions, and conveyances authorized by Resolutions 97-010 and C22- 99 as enacted by the Tribal Council of the Pueblo de Cochiti, and Resolution S.D. 12-99-36 as enacted by the Tribal Council of the Pueblo of Santo Domingo, pertaining to boundary disputes between the Pueblo de Cochiti and the Pueblo of Santo Domingo, are hereby approved, including the Pueblo de Cochiti's agreement to relinquish its claim to the southwest corner of its Spanish Land Grant, to the extent that such land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any right to receive compensation from the United States or any other party with respect to such overlapping lands.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary, upon the receipt of a specified payment by KATY, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest. Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act. (Sec. 2) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to: (1) eliminate the requirement that the Secretary of the Interior submit legal descriptions of the boundaries of the National Monument to the Senate Committee on Agriculture, Nutrition, and Forestry; and (2) allow the Secretaries of Agriculture and the Interior to enter into certain cooperative agreements and shared management arrangements with the Agua Caliente Band of Cahuilla Indians (currently with any person, including such Indians). (Sec. 3) Amends the Santo Domingo Pueblo Claims Settlement Act of 2000 to direct the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights. Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire such lands. Permits the Pueblo to enter into agreements to exchange restricted lands for lands title to which was at issue in Pueblo of Santo Domingo v. Rael and deems to be approved any land exchange agreements between the Pueblo and any of the parties to such action that are executed not later than December 31, 2001. Approves all agreements, transactions, and conveyances authorized by specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo.

To provide for the conveyance of a small parcel of public domain land in the San Bernardino National Forest in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arapaho-Roosevelt National Forests Land Exchange Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since 1967, the Sugar Loaf Fire Protection District, located west of Boulder, Colorado, has owned and operated two fire stations on National Forest System land pursuant to special use permits issued by the Forest Service. (2) The Sugar Loaf Fire Protection District seeks ownership of the land on which the fire stations are situated so that the District can establish an area for fire fighter training, install bathroom facilities in the stations, and expand the stations in the future. (3) The National Forest System land containing the fire stations consists of approximately 5.08 acres and are of limited utility for public administration, recreation, or any other use since the land has been occupied by the stations for 30 years. (4) The Sugar Loaf Fire Protection District owns a parcel of non-Federal land consisting of approximately 5.17 acres that the District is willing to convey to the United States in exchange for the National Forest System land containing the fire stations. (5) The non-Federal land offered by the Sugar Loaf Fire Protection District, if conveyed to the United States, is suitable for addition to the Arapaho-Roosevelt National Forests, will eliminate an isolated inholding in the National Forests, result in administrative cost savings to the United States by reducing costs of forest boundary administration, and provide the United States with environmental and public recreational use benefits that greatly exceed the benefits of the National Forest System land containing the fire stations. (6) It is in the public interest to direct, expedite, and facilitate completion of a land exchange involving these Federal and non-Federal lands to enable the Sugar Loaf Fire Protection District to better provide fire protection services for residents of the District, residents of neighboring districts and persons who travel through the District on Colorado Highway 119, and National Forest System land within or adjacent to the District. SEC. 3. LAND EXCHANGE, ARAPAHO-ROOSEVELT NATIONAL FORESTS, COLORADO. (a) Conveyance of Non-Federal Land.--The land exchange directed by this section shall proceed if, within 30 days after the date of the enactment of this Act, the Sugar Loaf Fire Protection District of Boulder, Colorado (in this section referred to as the ``District''), offers to convey title acceptable to the United States in and to a parcel of land consisting of approximately 5.17 acres located in unincorporated Boulder County, Colorado, between the communities of Boulder and Nederland, as depicted on a map entitled ``Non-Federal Lands--Hibernian Load'' and dated November, 2006. (b) Conveyance of Federal Land.--Upon receipt of acceptable title in and to the non-Federal lands identified in subsection (a), the Secretary of Agriculture shall convey to the District all right, title, and interest of the United States in and to a parcel of National Forest System land within the Arapaho-Roosevelt National Forests, Colorado, consisting of approximately 5.08 acres, as generally depicted on maps entitled ``Sugar Loaf Federal Lands--Station 1'' and ``Sugar Loaf Federal Lands--Station 2'', and dated November 2006. (c) Appraisals.--The values of the non-Federal land identified in subsection (a) and the Federal lands identified in subsection (b) shall be determined by the Secretary through appraisals performed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. The encumbrance on the Federal land granted by subsection (g) before its conveyance shall not be considered for purposes of the appraisal of the land. (d) Valuation.-- (1) Surplus of non-federal value.--If the final appraised value, as approved by the Secretary, of the non-Federal lands identified in subsection (a) exceeds the final appraised value, as approved by the Secretary, of the Federal land identified in subsection (b), the values may be equalized-- (A) by reducing the acreage of the non-Federal lands to be conveyed, as determined appropriate and acceptable by the Secretary and the District; (B) by the Secretary making a cash equalization payment to the District, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (C) by a combination of acreage reduction and cash equalization payment. (2) Surplus of federal value.--If the final appraised value, as approved by the Secretary, of the Federal land identified in subsection (b) exceeds the final appraised value, as approved by the Secretary, of the non-Federal lands identified in subsection (a), and the Secretary declines to accept the non-Federal lands because of inadequate appraised value, the District shall make a cash equalization payment to the Secretary in such amount as may be necessary to equalize the values of the lands to be exchanged. (e) Exchange Costs.--As a condition on the land exchange under this section and in order to expedite the land exchange and to save administrative costs to the United States, the District shall be required to cover the costs of the following: (1) Any necessary land surveys of the Non-Federal land or Federal land to be exchanged. (2) The appraisals under subsection (c). (f) Completion of Exchange.--It is the sense of Congress that the land exchange directed by this section should be completed not later than 120 days after the date of the enactment of this Act. (g) Interim Use of Federal Land.--Pending completion of the land exchange directed by this section, the District may commence modification of the fire stations located on the Federal land identified in subsection (b) without further action or authorization by the Secretary, except that, before initiating any construction in connection with the modifications, the District shall execute and submit to the Secretary a legal document that-- (1) permanently holds the United States harmless for any and all liability arising from the construction; (2) indemnifies the United States against any costs arising from the United States' ownership of the Federal land and any actions, operations, or other acts of the District or its licensees, employees, or agents in undertaking the construction or engaging in other acts on the Federal land before its conveyance to the District. (h) Alternative Sale Authority.--If the land exchange directed by this section is not completed for any reason, the Secretary may sell the Federal land identified in subsection (b) to the District at its final appraised value, as determined under subsection (c). (i) Use of Proceeds.--Any consideration received under subsection (h) and any cash equalization payment received under subsection (d)(2) shall be deposited in the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The amount so deposited shall be available to the Secretary, without further appropriation, for expenditure for the acquisition of land and interests in land for addition to the National Forest System in the State of Colorado. (j) Incorporation, Management, and Status of Acquired Land.--The non-Federal land identified in subsection (a) acquired by the United States in the land exchange shall become part of the Arapaho-Roosevelt National Forests, and the boundary of such national forests is modified, without further action by the Secretary, to incorporate the non-Federal land. Upon its acquisition, the land shall be administered in accordance with the laws generally applicable to the National Forest System. For purposes of section 7 of the Land and Water Conservation Fund Act of l965 (16 U.S.C. 460l-9), the boundaries of the Arapaho- Roosevelt National Forests, as modified by this subsection, shall be deemed to be the boundaries of such national forests as of January 1, 1965. (k) Technical Corrections.--The Secretary, with the agreement of the District, may make technical corrections or correct clerical errors in the maps referred to in this section or adjust the boundaries of the Arapaho-Roosevelt National Forests to leave the United States with a manageable post-exchange or sale boundary. In the event of any discrepancy between a map, acreage estimate, or legal description, the map shall prevail unless the Secretary and the District agree otherwise. (l) Revocation of Orders and Withdrawal.--Any public orders withdrawing any of the Federal lands identified in subsection (b) from appropriation or disposal under the public land laws are hereby revoked to the extent necessary to permit conveyance of the Federal lands. If not already withdrawn or segregated from entry and appropriation under the public land laws, including the mining and mineral leasing laws and the Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.), the Federal land is hereby withdrawn until the date of its conveyance to the District.

Arapaho-Roosevelt National Forests Land Exchange Act of 2007 - Directs the Secretary of Agriculture, upon receipt of acceptable title to specified land in Boulder county, Colorado, between the communities of Boulder and Nederland (the non-federal land) offered by the Sugar Loaf Fire Protection District to the United States, to convey to the District, in exchange for such non-federal land, National Forest System land within the Arapaho-Roosevelt National Forests in Colorado (the federal lands). Permits the District, pending completion of the land exchange, to commence modification of the fire stations on the federal land. Provides for the non-federal land to become part of the Arapaho-Roosevelt National Forests and modifies the boundary of such National Forests to incorporate such land. Revokes any public orders withdrawing any of the federal lands from appropriation or disposal under the public land laws to the extent necessary to permit conveyance of such lands.

To provide for the exchange of certain lands in the Arapaho-Roosevelt National Forests in the State of Colorado with the Sugar Loaf Fire Protection District, and for other purposes.

of Disapproval Defined.--For purposes of this section, the term ``joint resolution of disapproval'' means a joint resolution under section 3. SEC. 3. CONGRESSIONAL DISAPPROVAL PROCEDURE. (a) Joint Resolution Defined.--For purposes of this section, the term ``joint resolution'' means only a joint resolution introduced during the period beginning on the date on which a report referred to in section 2(a)(1) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the title of which is ``Joint Resolution disapproving the rule submitted by the President on ____, relating to military tribunals'', containing no whereas clauses, and the matter after the resolving clause of which is as follows: ``That Congress disapproves the rule submitted by the President on ____, relating to military tribunals, and such rule shall have no force or effect.'' (The blank spaces being appropriately filled in). (b) Submission Date Defined.--For purposes of this section, the term ``submission date'' means, with respect to a military tribunal rule, the date on which the Congress receives the report submitted under section 2(a)(1) with respect to that military tribunal rule. (c) Referral to Committees.--A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (d) Special Procedures in the Senate.--(1) A joint resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of this subsection. (2) If the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the submission date, such committee shall be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (3) When the committee to which a joint resolution is referred has reported, or when a committee is discharged (under paragraph (2)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion 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 is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 of the Senate until disposed of. (4) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to 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 is not in order. (5) Immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (6) 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 described in subsection (a) shall be decided without debate. (7) The procedures specified in this subsection shall not apply to the consideration of a joint resolution of disapproval with respect to a military tribunal rule-- (A) after the expiration of the 60 session days beginning with the applicable submission or publication date, or (B) if the report under section 2(a)(1) was submitted during the period referred to in section 2(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (e) Proceedings in Second House.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. (f) Exercise of Rulemaking Power.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The term ``military tribunal'' means a military commission or other military tribunal (other than a court- martial). (2) The term ``military tribunal rule'' means the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy, or describing the organization, procedure, or practice requirements of a Department or agency, with regard to carrying out military tribunals. SEC. 5. JUDICIAL REVIEW. No determination, finding, action, or omission under this Act shall be subject to judicial review. SEC. 6. REPORTING REQUIREMENTS FOR MILITARY TRIBUNALS. (a) In General.--(1) Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) is amended by adding at the end the following new section: ``Sec. 940a. Art. 140a. Reports to Congress on military tribunals ``(a) For each military tribunal, the President shall submit to Congress periodic reports on the activities of that military tribunal. The first such report with respect to a military tribunal shall be submitted not later than six months after the date on which the military tribunal is convened and shall include an identification of the accused and the offense charged. Each succeeding report with respect to a military tribunal shall be submitted not later than six months after the date on which the preceding report was submitted. ``(b) A report under this section shall be submitted in unclassified form, but may included a classified annex. ``(c) In this section, the term `military tribunal' means a military commission or other military tribunal (other than a court- martial).''. (2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``940a. 140a. Reports to Congress on military tribunals.''. (b) Effective Date.--Section 940a of title 10 United States Code, as added by subsection (a), shall apply with respect to any military tribunal covered after, or pending on, that date of the enactment of this Act. In the case of a military tribunal pending on the date of the enactment of this Act, the first report required by such section shall be submitted not later than six months after the date of the enactment of this Act.

Military Tribunal Regulations Review Act - Requires the President, before a military tribunal rule takes effect, to submit to Congress a report containing: (1) a copy of the rule; (2) a concise statement relating to the rule; and (3) its proposed effective date. Sets forth congressional procedures for rule disapproval by joint resolution.Directs the President to submit to Congress periodic reports on the activities of each military tribunal.

To provide for congressional review of regulations relating to military tribunals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Human Trafficking Act of 2015''. TITLE I--ENHANCING SERVICES FOR RUNAWAY AND HOMELESS VICTIMS OF YOUTH TRAFFICKING SEC. 101. SHORT TITLE. This title may be cited as the ``Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Act of 2015''. SEC. 102. AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT. The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is amended-- (1) in section 343(b)(5) (42 U.S.C. 5714-23(b)(5))-- (A) in subparagraph (A) by inserting ``, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), and sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))'' before the semicolon at the end; (B) in subparagraph (B) by inserting ``, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))'' after ``assault''; and (C) in subparagraph (C) by inserting ``, including such youth who are victims of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)))'' before the semicolon at the end; and (2) in section 351(a) (42 U.S.C. 5714-41(a)) by striking ``or sexual exploitation'' and inserting ``sexual exploitation, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))), or sex trafficking (as defined in section 103(10) of such Act (22 U.S.C. 7102(10)))''. TITLE II--IMPROVING THE RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING SEC. 201. RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING. Section 404(b)(1)(P)(iii) of the Missing Children's Assistance Act (42 U.S.C. 5773(b)(1)(P)(iii)) is amended by striking ``child prostitution'' and inserting ``child sex trafficking, including child prostitution''. TITLE III--INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING SEC. 301. SHORT TITLE. This title may be cited as the ``Human Trafficking Prevention, Intervention, and Recovery Act of 2015''. SEC. 302. VICTIM OF TRAFFICKING DEFINED. In this title, the term ``victim of trafficking'' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). SEC. 303. INTERAGENCY TASK FORCE REPORT ON CHILD TRAFFICKING PRIMARY PREVENTION. (a) Review.--The Interagency Task Force to Monitor and Combat Trafficking, established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103), shall conduct a review that, with regard to trafficking in persons in the United States-- (1) in consultation with nongovernmental organizations that the Task Force determines appropriate, surveys and catalogs the activities of the Federal Government and State governments-- (A) to deter individuals from committing trafficking offenses; and (B) to prevent children from becoming victims of trafficking; (2) surveys academic literature on-- (A) deterring individuals from committing trafficking offenses; (B) preventing children from becoming victims of trafficking; (C) the commercial sexual exploitation of children; and (D) other similar topics that the Task Force determines to be appropriate; (3) identifies best practices and effective strategies-- (A) to deter individuals from committing trafficking offenses; and (B) to prevent children from becoming victims of trafficking; and (4) identifies current gaps in research and data that would be helpful in formulating effective strategies-- (A) to deter individuals from committing trafficking offenses; and (B) to prevent children from becoming victims of trafficking. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall provide to Congress, and make publicly available in electronic format, a report on the review conducted pursuant to subparagraph (a). SEC. 304. GAO REPORT ON INTERVENTION. On the date that is 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes information on-- (1) the efforts of Federal and select State law enforcement agencies to combat human trafficking in the United States; and (2) each Federal grant program, a purpose of which is to combat human trafficking or assist victims of trafficking, as specified in an authorizing statute or in a guidance document issued by the agency carrying out the grant program. SEC. 305. PROVISION OF HOUSING PERMITTED TO PROTECT AND ASSIST IN THE RECOVERY OF VICTIMS OF TRAFFICKING. Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(A)) is amended by inserting ``, including programs that provide housing to victims of trafficking'' before the period at the end.

Combating Human Trafficking Act of 2015 Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Act of 2015 Amends the Runaway and Homeless Youth Act with respect to grants to states, localities, and private entities to carry out research, evaluation, demonstration, and service projects regarding activities designed to increase knowledge concerning, and to improve services for, runaway youth and homeless youth. Requires the Secretary of Health and Human Services to give priority to proposed projects relating to staff training in: the behavioral and emotional effects of severe forms of trafficking in persons and sex trafficking, responding to youth who are showing effects of severe forms of trafficking in persons and sex trafficking, and agency-wide strategies for working with runaway and homeless youth who are victims of trafficking. Extends the Secretary's authority to make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation. Extends the scope of such grants also to street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, severe forms of trafficking in persons and sex trafficking. Amends the Missing Children's Assistance Act to include among the required uses of the Office of Juvenile Justice and Delinquency Prevention's annual grant to the National Center for Missing and Exploited Children operation of a cyber tipline to provide online users and electronic service providers an effective means of reporting Internet-related child sexual exploitation in the area of child sex trafficking, including child prostitution (currently, in the area of child prostitution). Human Trafficking Prevention and Recovery Act of 2015 Requires the Interagency Task Force to Monitor and Combat Trafficking to review trafficking in persons in the United States. Directs the Comptroller General to report to Congress on: (1) the efforts of federal and state law enforcement agencies to combat human trafficking in the United States, and (2) each federal grant program one of whose purposes is to combat human trafficking or assist victims of trafficking. Amends the Trafficking Victims Protection Act of 2000 to include programs that provide housing to victims of trafficking among grant-receiving state, local, and tribal service programs for victims of trafficking.

Combating Human Trafficking Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Accountants Act of 2002''. SEC. 2. RESTORATION OF JOINT AND SEVERAL LIABILITY. (a) Amendment.--Subparagraph (A) of section 21D(f)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(f)(2)(A)) is amended to read as follows: ``(A) Joint and several liability.--Any covered person against whom a final judgment is entered in a private action shall be liable for damages jointly and severally only if the trier of fact specifically determines that-- ``(i) such covered person knowingly committed a violation of the securities laws; ``(ii) the covered person was the auditor of the financial statements of the issuer of the securities that are the subject of the class action and such auditor failed to comply with section 10A by failing to detect and report an illegal act of such issuer that is the basis of such class action; ``(iii) the covered person was the auditor of the financial statements of such issuer and such auditor performed any non-audit functions for such issuer during the fiscal year in which an alleged violation of the securities laws occurred; or ``(iv) the issuer of such securities is insolvent.''. (b) Uncollectable Shares.--Section 21D(f)(4) of such Act is amended by adding at the end the following new subparagraph: ``(D) Inapplicability to insolvency cases.--The provisions of this paragraph shall not apply in any case in which the trier of fact determines that the issuer of the securities that are the subject of the class action is insolvent under paragraph (2)(A)(iv).''. (c) Disclosure to Juries.--Section 21D(f) of such Act is further amended-- (1) by striking paragraph (6); and (2) by redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively. (d) Definition.--Section 21D(f)(9) of such Act (as redesignated by subsection (c)(2) of this section) is amended-- (1) by striking ``and'' at then end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) an auditor shall be considered to have performed `non-audit functions for an issuer' if such auditor received any compensation for services from such issuer for a fiscal year that did not qualify to be treated as audit fees for such fiscal year for purposes of item 9(e)(1) of the schedule 14A of such issuer.''. (e) Prevention of Stays of Discovery.-- (1) Section 21D(b)(3) of such Act is amended by adding at the end the following new subparagraph: ``(E) Inapplicability to action against auditors.-- In any private action arising under this title against the auditor of the financial statements of the issuer of the securities that are the subject of such action, discovery and other proceedings shall not be stayed pursuant to this paragraph.''. (2) Section 27(b) of the Securities Act of 1933 (15 U.S.C. 77z-1(b)) is amended by adding at the end the following new paragraph: ``(5) Inapplicability to action against auditors.--In any private action arising under this title against the auditor of the financial statements of the issuer of the securities that are the subject of such action, discovery and other proceedings shall not be stayed pursuant to this subsection.''. SEC. 3. RESTORATION OF AIDING AND ABETTING LIABILITY. (a) Securities Act of 1933.--Section 20 of the Securities Act of 1933 (15 U.S.C. 77t) is amended by adding at the end the following new subsection: ``(g) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (b) and (d), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule or regulation hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (b) Securities Exchange Act of 1934.--Section 20(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended to read as follows: ``(e) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d)(1) and (d)(3) of section 21, or an action by a self-regulatory organization, or an express or implied private right of action under this title, any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule or regulation thereunder, shall be deemed to violate such provision and shall be liable to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (c) Investment Company Act of 1940.--Section 42 of the Investment Company Act of 1940 (15 U.S.C. 80a-41) is amended by adding at the end the following new subsection: ``(f) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d) and (e), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule, regulation, or order hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of a duty owed by such person.''. (d) Investment Advisers Act of 1940.--Section 209(d) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended-- (1) in subsection (d)-- (A) by striking ``or that any person has aided, abetted, counseled, commanded, induced, or procured, is aiding, abetting, counseling, commanding, inducing, or procuring, or is about to aid, abet, counsel, command, induce, or procure such a violation,''; and (B) by striking ``or in aiding, abetting, counseling, commanding, inducing, or procuring any such act or practice''; and (2) by adding at the end the following new subsection: ``(f) Prosecution of Persons Who Aid or Abet Violations.--For purposes of subsections (d) and (e), any person who knowingly or recklessly provides substantial assistance to another person in the violation of a provision of this title, or of any rule, regulation, or order hereunder, shall be deemed to violate such provision to the same extent as the person to whom such assistance is provided. No person shall be liable under this subsection based on an omission or failure to act unless such omission or failure constituted a breach of duty owed by such person.''. SEC. 4. DESTRUCTION OF RECORDS; SEPARATION OF FUNCTIONS. (a) Audit Requirements.--Section 10A of the Securities Exchange Act of 1934 (15 U.S.C. 78j-1) is amended-- (1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and (2) by inserting after subsection (d) the following new subsections: ``(e) Destruction of Records.-- ``(1) Maintenance of records required.--Any accountant that conducts an audit of an issuer pursuant to this title to which subsection (a) applies shall maintain all documents (including electronic documents) sent, received, or created in connection with any audit, review, or other engagement for such issuer for a period of four years from the end of the fiscal period in which the engagement was concluded. ``(2) Penalty.--In addition to any other sanctions that may be available, any person who knowingly and willfully violates paragraph (1) shall be subject to fine and imprisonment to the same extent as a person violating section 1512(b) of title 18, United States Code. ``(f) Consideration of Separation of Audit and Non-Audit Functions.-- ``(1) Consideration required.--Any accountant that conducts an audit of an issuer pursuant to this title to which subsection (a) applies shall, within 60 days after the date of enactment of the Accountability for Accountants Act of 2002, initiate a review of-- ``(A) whether that accountant should divest itself of any interests in non-audit businesses in light of the inherent potential conflicts of interest in providing both audit and non-audit services to an issuer; or ``(B) whether the accountant should cease providing non-audit services to those companies whose financial statements it audits. ``(2) Reports.--Each accountant to which paragraph (1) applies shall report to the Commission within 12 months after such date of enactment on whether such accountant has decided to either divest its non-audit services, or to cease providing non-audit services to audit clients. The Commission shall submit a report to Congress on the reports received under the preceding sentence.''. (b) Preservation of Records During Shareholder Litigation.-- (1) Securities act of 1933.--Section 27(b)(2) of the Securities Act of 1933 (15 U.S.C. 77z-1(b)(2)) is amended by inserting ``, and the issuer of the securities that are the subject of such action,'' after ``in the complaint''. (2) Securities exchange act of 1934.--Section 21D(b)(3)(C)(i) of the Securities Act of 1933 (15 U.S.C. 77z- 1(b)(3)(C)(i)) is amended by inserting ``, and the issuer of the securities that are the subject of such action,'' after ``in the complaint''.

Accountability for Accountants Act of 2002 - Amends the Securities Exchange Act of 1934 to extend joint and several liability to an auditor of financial statements: (1) who has been found by a jury to have failed to detect and report illegal acts of the issuer of securities that are the subject of a class action; (2) who has performed non-audit functions for such issuer during the time within which an alleged violation of securities occurred; or (3) the issuer of such securities is insolvent.Declares stay of discovery procedures inapplicable in any private action against such auditor.Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to extend liability to persons who aid or abet violations of such Act.Amends the Securities Exchange Act of 1934 to mandate maintenance of audit records of an issuer of securities and to impose criminal sanctions for non-compliance.Requires an accountant/auditor of a securities issuer to report to the Securities and Exchange Commission on its decision to: (1) divest itself of interests in non-audit businesses in light of the inherent potential conflicts of interest in providing both audit and non-audit services to an issuer; or (2) cease providing non-audit services to companies whose financial statements it audits.Mandates preservation of records during shareholder litigation.

To withdraw certain benefits of the Private Securities Litigation Reform Act from auditors that perform non-audit functions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Investment in Housing Act of 2015''. SEC. 2. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS. (a) Establishment.--The Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') shall establish a demonstration program under which the Secretary may execute budget- neutral, performance-based agreements in fiscal years 2016 through 2019 that result in a reduction in energy or water costs with such entities as the Secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than 20,000 residential units in multifamily buildings participating in-- (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), other than assistance provided under section 8(o) of that Act; (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)). (b) Requirements.-- (1) Payments contingent on savings.-- (A) In general.--The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) Payment methodology.-- (i) In general.--Each agreement under this section shall include a pay-for-success provision that-- (I) shall serve as a payment threshold for the term of the agreement; and (II) requires that payments shall be contingent on realized cost savings associated with reduced utility consumption in the participating properties. (ii) Limitations.--A payment made by the Secretary under an agreement under this section-- (I) shall be contingent on documented utility savings; and (II) shall not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) Third-party verification.--Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least-- (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established pre-retrofit; (ii) annual third-party confirmation of actual utility consumption and cost for utilities; (iii) annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third-party determination of savings to the Secretary. An agreement under this section with an entity shall provide that the entity shall cover costs associated with third-party verification under this subparagraph. (2) Terms of performance-based agreements.--A performance- based agreement under this section shall include-- (A) the period that the agreement will be in effect and during which payments may be made, which may not be longer than 12 years; (B) the performance measures that will serve as payment thresholds during the term of the agreement; (C) an audit protocol for the properties covered by the agreement; (D) a requirement that payments shall be contingent on realized cost savings associated with reduced utility consumption in the participating properties; and (E) such other requirements and terms as determined to be appropriate by the Secretary. (3) Entity eligibility.--The Secretary shall-- (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that, either jointly or individually, demonstrate significant experience relating to-- (i) financing or operating properties receiving assistance under a program identified in subsection (a); (ii) oversight of energy or water conservation programs, including oversight of contractors; and (iii) raising capital for energy or water conservation improvements from charitable organizations or private investors. (4) Geographical diversity.--Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (5) Properties.--A property may only be included in the demonstration under this section only if the property is subject to affordability restrictions for at least 15 years after the date of the completion of any conservation improvements made to the property under the demonstration program. Such restrictions may be made through an extended affordability agreement for the property under a new housing assistance payments contract with the Secretary of Housing and Urban Development or through an enforceable covenant with the owner of the property. (c) Plan and Reports.-- (1) Plan.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations and Financial Services of the House of Representatives and the Committees on Appropriations and Banking, Housing, and Urban Affairs of the Senate a detailed plan for the implementation of this section. (2) Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall-- (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding.--For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a). Passed the House of Representatives July 14, 2015. Attest: KAREN L. HAAS, Clerk.

. Private Investment in Housing Act of 2015 (Sec. 2) Directs the Department of Housing and Urban Development (HUD) to establish a demonstration program under which, in FY2016 through FY2019, HUD may execute budget-neutral, performance-based agreements (for up to 12 years each) that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in: Section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than Section 8 (voucher program) assistance; supportive housing for the elderly programs under the Housing Act of 1959; or supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act. Specifies requirements for payment under an agreement, which shall be contingent on documented utility savings, as well as for agreement terms, eligibility, geographical diversity, and funding for the program. Limits this demonstration program to properties subject to affordability restrictions, which may be through an affordability agreement under a new housing assistance payments contract with HUD, or through an enforceable covenant with the property owner, for at least 15 years after completion of any conservation improvements made under the program. Requires HUD to submit to specified congressional committees a detailed plan for the implementation of this Act. Authorizes HUD, for each fiscal year during which an agreement is in effect, to use any HUD appropriated funds for the renewal of contracts under the program.

Private Investment in Housing Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Benefit Act of 2002''. SEC. 105. MEDICARE COVERAGE OF OUTPATIENT PRESCRIPTION DRUGS. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by adding ``and'' after the semicolon at the end; and (3) by adding at the end the following new subparagraph: ``(W) outpatient prescription drugs (as defined in subsection (ww)(1));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following: ``Outpatient Prescription Drugs; Pharmacist ``(ww)(1) The term `outpatient prescription drugs' means any drug or biological (as those terms are defined in subsection (t)) that may be dispensed only upon prescription and that is dispensed by a pharmacist. ``(2) The term `pharmacist' means an individual who meets such licensure, certification, and practice requirements as the Secretary may establish.''. (c) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(U)''; and (2) by inserting before the semicolon at the end the following: ``, and (V) with respect to outpatient prescription drugs (as defined in section 1861(ww)(1)), the amount paid shall be 80 percent of the actual charge for the drug, or, if a beneficiary has incurred out-of-pocket expenses (as defined by the Secretary) with respect to outpatient prescription drugs during a year equal to at least $4,000, 100 percent of the actual charge for the drug''. (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) In the case of outpatient prescription drugs (as defined in section 1861(ww)(1)), a pharmacist.''. (e) Exclusion of Outpatient Prescription Drug Costs From Determination of Part B Monthly Premium.--Section 1839(g) of the Social Security Act (42 U.S.C. 1395r(g)) is amended-- (1) by striking ``attributable to the application of section'' and inserting ``attributable to-- ``(1) the application of section''; (2) by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(2) the coverage of outpatient prescription drugs under section 1861(s)(2)(W).''. (f) Use of Carriers for Administration of Benefit.--Section 1842 of the Social Security Act (42 U.S.C. 1395u) is amended by adding at the end the following new subsection: ``(u)(1) The Secretary shall enter into a contract (separate from any other contract entered into under this section) with 1 carrier for each region of the United States to administer the benefits under this part that relate to the coverage of outpatient prescription drugs under section 1861(s)(2)(W). ``(2) In addition to the other contract provisions required by this section, the contract described in paragraph (1) shall contain provisions that relate to payment, cost controls, formularies, disposition of rebates, distribution networks, and such other provisions as the Secretary determines necessary that relate to the coverage or outpatient prescription drugs under this part. ``(3) The Secretary shall ensure that carriers with a contract described in paragraph (1) offer maximum ease of availability of outpatient prescription drugs to individuals entitled to benefits under this part through local pharmacies and through other means.''. (g) Revision of Medigap Policies To Avoid Duplicate Coverage.-- Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsection: ``(v) Modernized Benefit Packages for Medicare Supplemental Policies.-- ``(1) Revision of benefit packages.-- ``(A) In general.--Notwithstanding subsection (p), the benefit packages classified as `H', `I', and `J' under the standards established by subsection (p)(2) (including the benefit package classified as `J' with a high deductible feature, as described in subsection (p)(11)) shall be revised so that the coverage of outpatient prescription drugs available under such benefit packages is replaced with coverage of outpatient prescription drugs that complements but does not duplicate the coverage of outpatient prescription drugs that is otherwise available under this title. ``(B) Manner of revision.--The benefit packages revised under this section shall be revised in the manner described in subparagraph (E) of subsection (p)(1), except that for purposes of subparagraph (C) of such subsection, the standards established under this subsection shall take effect not later than January 1, 2003.''. (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2003.

Prescription Drug Benefit Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) provide for Medicare coverage of outpatient prescription drugs; and (2) require the revision of Medicare supplemental health insurance (Medigap) policy benefit packages to replace the currently available outpatient prescription drug coverage with coverage that complements but does not duplicate the coverage otherwise available under Medicare.

A bill to amend title XVIII of the Social Security Act to provide coverage of outpatient prescription drugs under the medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Protection Act of 2010''. SEC. 2. REGISTRATION REQUIREMENTS. (a) In General.-- (1) Annual registration fee.--Each freight forwarder or freight broker that registers under chapter 139 of title 49, United States Code, shall-- (A) pay an annual registration renewal fee in an amount to be determined by the Secretary; (B) provide updated information for each registration; and (C) submit proof that the registrant is in compliance with the applicable surety and insurance requirements under such chapter 139. (2) Use of fees.--All new fees collected by the Secretary as a result of the new licensing requirements under this Act and the amendments made by this Act shall be used to administer and enforce the registration and related requirements under chapter 139 of title 49, United States Code. (3) Consequence of noncompliance.--Not later than 30 days after the date on which a broker, freight forwarder, or motor carrier fails to comply with this subsection, such entity shall be listed as inactive on all relevant Department of Transportation Internet websites. (b) Amendments.--Section 13901 of title 49, United States Code, is amended-- (1) by striking ``A person'' and inserting the following: ``(a) In General.--A person''; and (2) by adding at the end the following: ``(b) Registration Numbers.-- ``(1) In general.--If the Administrator of the Federal Motor Carrier Administration registers a person under this chapter for 1 or more activities or services, including motor carrier, freight forwarder, or broker activities or services, the Administrator shall issue a distinctive registration number to the person for each such activity or service for which the person is registered. ``(2) Activity or service type indicator.--Each number issued under paragraph (1) shall include an indicator of the type of activity or service for which the registration number is issued, including whether the registration number is issued for registration of a motor carrier, freight forwarder, or broker activity or service. ``(c) Authority.--For each shipment for which a registered person seeks compensation, the registered person shall specify, in writing, the operating authority under which it is providing the services required.''. SEC. 3. REGISTRATION OF MOTOR CARRIERS. Section 13902 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``using vehicles the motor carrier owns or leases'' after ``motor carrier''; and (B) by adding at the end the following: ``(6) Separate registration required.--A motor carrier may not broker transportation services unless the motor carrier has registered as a broker under this chapter.''; and (2) in subsection (f), by adding at the end the following: ``(4) Insurance requirements.--A motor carrier registered under this section shall maintain insurance for property damage required under section 13906(a)(4) for all shipments transported under its operating authority.''. SEC. 4. REGISTRATION AND SECURITY OF FREIGHT FORWARDERS AND BROKERS. (a) In General.-- (1) Amendment.--Chapter 139 of title 49, United States Code, is amended by striking sections 13903 and 13904 and inserting the following: ``Sec. 13903. Registration of freight forwarders and brokers ``(a) In General.--A person may not act as a freight forwarder by providing service subject to the jurisdiction under subchapter III of chapter 135 or as a broker unless the person holds a freight forwarder's permit or a broker's license, as the case may be, issued by the Federal Motor Carrier Safety Administration. ``(b) Issuance of Permit or License.-- ``(1) Eligibility requirements.--The Administrator of the Federal Motor Carrier Safety Administration shall issue a freight forwarder's permit or broker's license to any person that the Administration determines-- ``(A) to be qualified by experience and character to act as a freight forwarder or broker, respectively; and ``(B) to be fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary. ``(2) Duration.--The permit or license issued under paragraph (1) shall remain in effect only as long as the freight forwarder or broker is in compliance with section 13904. ``(c) Registration as Motor Carrier Required.-- ``(1) Freight forwarders.--A freight forwarder may not provide transportation as a motor carrier unless the freight forwarder-- ``(A) has registered separately to provide transportation as a motor carrier; and ``(B) has met all the requirements under this chapter applicable to motor carriers. ``(2) Brokers.--A broker may not provide transportation as a motor carrier unless the broker-- ``(A) has registered separately to provide transportation as a motor carrier; and ``(B) has met all of the requirements under this chapter applicable to motor carriers. ``(d) Registration as Freight Forwarder or Broker Required.--A motor carrier registered under this chapter-- ``(1) may only provide transportation of property with motor vehicles owned or leased by the motor carrier; and ``(2) may not arrange such transportation unless the motor carrier has obtained a separate freight forwarder's permit or broker's license under this section. ``Sec. 13904. Security of freight forwarders and brokers ``(a) Requirements.-- ``(1) In general.--A person may not act as a freight forwarder or broker unless the person furnishes a bond, proof of trust fund, or other surety, or combination of such sureties, in a form and amount, and from a provider, determined by the Administrator of the Federal Motor Carrier Safety Administration to be adequate to insure financial responsibility. ``(2) Standards.--The Administrator may authorize the use of a group bond, trust fund, or other surety, or combination of such securities that meet the cash and legal requirements under section 13904(d). The Administrator may not accept proof of security from any person whose surety or surety provider does not meet the standards established by the Administrator, by regulation. Bonds issued under this section may only be offered by a bonding company that has been approved by the Secretary of the Treasury. ``(b) Scope of Financial Responsibility.--A bond, trust fund, or other surety obtained under this section shall be available to pay any claim against a freight forwarder or broker arising from its failure to pay freight charges in its contracts, agreements, or arrangements for transportation subject to regulation under this chapter-- ``(1) with the consent of the insured freight forwarder or broker, subject to review by the surety company; ``(2) if the claim is deemed valid by the surety company after the freight forwarder or broker has failed to respond to adequate notice to address the validity of the claim; or ``(3) if the claimant made a reasonable attempt to resolve the claim under paragraphs (1) and (2), but the claim was not resolved within a reasonable period of time. ``(c) Freight Forwarder Insurance.-- ``(1) In general.--The Administrator of the Federal Motor Carrier Safety Administration may not register a person as a freight forwarder under section 13903 unless the person files with the Administrator a bond, insurance policy, or other type of security, in accordance with the standards established by the Administrator under this section. ``(2) Liability insurance.--A security filed under paragraph (1) shall be sufficient to pay an amount, not to exceed the amount of the security, for each final judgment against the freight forwarder for bodily injury to, or death of, an individual, or loss of, or damage to, property (other than property referred to in paragraph (3)), resulting from the negligent operation, maintenance, or use of motor vehicles by, or under the direction and control of, the freight forwarder when providing transfer, collection, or delivery service under this part. ``(3) Cargo insurance.--The Administrator may require a registered freight forwarder to file with the Administrator a bond, insurance policy, or other type of security approved by the Secretary, that will pay an amount, not to exceed the amount of the security, for loss of, or damage to, property for which the freight forwarder provides service. ``(d) Additional Requirements.-- ``(1) Reissuance of licenses and permits.--Not later than 4 years after the date of the enactment of the Motor Carrier Protection Act of 2010, freight forwarders and brokers shall acquire new licenses and permits from the Federal Motor Carrier Safety Administration that are subject to the terms and conditions under this subsection. Such licenses and permits shall expire 5 years after the date of issuance and may be renewed as provided under this chapter. ``(2) Experience or training requirement.--Each freight forwarder and broker shall employ, as an officer, an individual who-- ``(A) has at least 3 years of relevant experience; or ``(B) provides the Administrator with satisfactory evidence of certified training. ``(3) Online.--The Administrator shall make information on permits, licenses, and financial security publicly available online, including-- ``(A) the names and addresses of the principals of each entity holding a permit or license; and ``(B) the electronic address of its surety for the submission of claims. ``(4) Minimum financial security.--Each freight forwarder and broker shall provide financial security of at least $100,000, regardless of the number of branch offices or sales agents of such entities. ``(5) Specific performance standards.--The Administrator shall set specific performance standards for bonds or other acceptable surety, including requirements that-- ``(A) at least $10,000 be deposited with the surety in cash; ``(B) the balance of the surety amount consists of assets readily available to pay valid claims without resort to personal guarantees or collection of pledged accounts receivable; and ``(C) the surety is ultimately financially responsible for any failure to make the required payments. ``(6) Notice to cancel.--If a surety required under this subsection is canceled-- ``(A) the holder of the surety shall provide electronic notification to the Administrator of such cancellation not later than 30 days before the effective date of such cancellation; and ``(B) the Administrator shall immediately post such notification on its public website. ``(7) Suspension.--The Administrator shall immediately suspend the registration of a freight forwarder or broker if its available security falls below the amount required under this subsection. ``(8) Payment of claims.--If a registered freight forwarder or broker experiences financial failure or insolvency, the freight forwarder's or broker's surety shall-- ``(A) submit a notice to cancel the surety to the Administrator in accordance with paragraph (6); ``(B) publicly advertise for claims for 60 days beginning on the date of publication by the Administrator of the notice to cancel the surety; and ``(C) pay, not later than 30 days after the expiration of the 60-day period for submission of claims-- ``(i) all uncontested claims received during such period; or ``(ii) a pro rata share of such claims if the total amount of such claims exceeds the financial security available. ``(9) List of claims paid.--Each surety under this subsection shall-- ``(A) publish, on the surety's website, a list of the claims paid by the surety immediately upon payment; and ``(B) immediately submit a copy of such list to the Administrator. ``(10) Penalties.-- ``(A) In general.--Any surety that fails to comply with the requirements under this subsection-- ``(i) shall be liable to the United States Government for a civil penalty in an amount not to exceed $10,000; and ``(ii) shall be ineligible to offer broker and forwarder security under this chapter. ``(B) Wilful violations.--Any surety that knowingly and willfully violates the posting and notification requirements under this subsection shall be held financially liable for all valid claims submitted against the broker or forwarder involved, regardless of the amount of the security. ``(11) Deduction of costs prohibited.--The amount of the financial security required under this subsection may not be reduced by deducting attorney's fees or administrative costs. ``(12) Audit.--Claim payments by sureties shall be annually audited by a public accounting firm. The results of such audits shall be made publicly available on the surety's website.''. (2) Rulemaking.--Not later than 270 days after the date of the enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall issue regulations to enforce the requirements under section 13904(d) of title 49, United States Code, as added by paragraph (1). (3) Effective date.--Section 13904(d) of title 49, United States Code, as added by paragraph (1), shall take effect on the date that is 270 days after the date of the enactment of this Act. (b) Clerical Amendments.--The table of sections for chapter 139 of title 49, United States Code, is amended-- (1) by striking the item relating to section 13903 and inserting the following: ``Sec. 13903. Registration of freight forwarders and brokers.''; and (2) by striking the item relating to section 13904 and inserting the following: ``Sec. 13904. Security of freight forwarders and brokers.''. SEC. 5. REVIEW. (a) Review by Inspector General.--Not later than 15 months after the date of the enactment of this subsection, the Inspector General of the Department of Transportation shall-- (1) review the regulations and enforcement practices of the Federal Motor Carrier Safety Administration under section 13904(d) of title 49, United States Code, as added by section 4(a); and (2) make any recommendations to the Secretary of Transportation that may be necessary to improve the enforcement of such regulations. (b) Security and Insurance Amount Assessment.--Every 5 years, the Administrator of the Federal Motor Carrier Safety Administration shall review, with public notice and comment, the amount of the security and insurance required under section 13904 of title 49, United States Code, to determine whether such amounts are sufficient to provide adequate financial security. SEC. 6. UNLAWFUL BROKERAGE ACTIVITIES. (a) In General.--Chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14916. Unlawful brokerage activities ``(a) Prohibited Activities.--Any person that acts as a broker, other than a non-vessel-operating common carrier (as defined in section 40102(16) of title 46), or an ocean freight forwarder providing brokerage as part of an international through movement involving ocean transportation between the United States and a foreign port, is prohibited from providing interstate brokerage services as a broker unless that person-- ``(1) is registered under, and in compliance with, section 13903; and ``(2) has satisfied the financial security requirements under section 13904. ``(b) Civil Penalties and Private Cause of Action.--Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable-- ``(1) to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and ``(2) to the injured party for all valid claims incurred without regard to amount. ``(c) Liable Parties.--The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally-- ``(1) to any corporate entity or partnership involved; and ``(2) to the individual officers, directors, and principals of such entities.''. (b) Clerical Amendment.--The table of sections for chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14916. Unlawful brokerage activities.''.

Motor Carrier Protection Act of 2010 - Requires each freight forwarder or freight broker registered with the Federal Motor Carrier Safety Administration (FMCSA) to: (1) pay an annual registration renewal fee in an amount determined by the Secretary of Transportation (DOT); (2) provide updated registration information; and (3) submit proof of compliance with applicable surety and insurance requirements. Requires noncompliant brokers, freight forwarders, or motor carriers to be listed as inactive on all relevant DOT websites. Requires the FMCSA Administrator to issue a distinctive registration number for each activity or service of a person (including motor carrier, freight forwarder, or broker) registered to provide one or more such activities or services. Requires a registrant to specify, in writing, the authority under which it is providing required services for each shipment for which it seeks compensation. Revises federal motor carrier registration requirements to prohibit a motor carrier from brokering transportation services unless registered as a broker. Requires registered motor carriers to maintain insurance for property damage when transporting property. Revises and consolidates federal registration and security requirements for freight forwarders and brokers. Prohibits a person from acting as a freight forwarder or broker unless that person: (1) holds a freight forwarder's permit or broker's license issued by the FMCSA; and (2) furnishes a bond or other surety from a provider determined by the FMCSA Administrator to be adequate to insure financial responsibility of at least $100,000. Prohibits a person acting as a broker (other than a non-vessel-operating common carrier), or an ocean freight forwarder providing brokerage as part of an international through movement involving ocean transportation between the United States and a foreign port, from providing interstate brokerage services unless that person: (1) is registered under and in compliance with this Act; and (2) has satisfied financial security requirements. Prescribes civil penalties for violators of such requirements.

A bill to amend section 139 of title 49, United States Code, to increase the effectiveness of Federal oversight of motor carriers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Investment Act of 2003.'' SEC. 2. DEFINITIONS. In this Act: (1) Biomass.-- (A) In general.--The term ``biomass'' means-- (i) organic material from a plant that is planted for the purpose of being used to produce energy; (ii) nonhazardous, cellulosic or agricultural waste material that is segregated from other waste materials and is derived from-- (I) a forest-related resource, including-- (aa) mill and harvesting residue; (bb) precommercial thinnings; (cc) slash; and (dd) brush; (II) an agricultural resource, including-- (aa) orchard tree crops; (bb) vineyards; (cc) grains; (dd) legumes; (ee) sugar; and (ff) other crop byproducts or residues; or (III) miscellaneous waste such as-- (aa) waste pallet; (bb) crate; and (cc) landscape or right-of- way tree trimmings; and (iii) animal waste that is converted to a fuel rather than directly combusted, the residue of which is converted to a biological fertilizer, oil, or activated carbon. (B) Exclusions.--The term ``biomass'' does not include-- (i) incineration of municipal solid waste; (ii) recyclable postconsumer waste paper; (iii) painted, treated, or pressurized wood; (iv) wood contaminated with plastic or metal; or (v) tires. (2) Distributed generation.--The term ``distributed generation'' means reduced electricity consumption from the electric grid due to use by a customer of renewable energy generated at a customer site. (3) Incremental hydropower.--The term ``incremental hydropower'' means additional generation achieved from increased efficiency after January 1, 2003, at a hydroelectric dam that was placed in service before January 1, 2003. (4) Landfill gas.--The term ``landfill gas'' means gas generated from the decomposition of household solid waste, commercial solid waste, or industrial solid waste disposed of in a municipal solid waste landfill unit (as those terms are defined in regulations promulgated under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)). (5) Renewable energy.--The term ``renewable energy'' means electricity generated from-- (A) a renewable energy source; or (B) hydrogen that is produced from a renewable energy source. (6) Renewable energy source.--The term ``renewable energy source'' means-- (A) wind; (B) ocean waves; (C) biomass; (D) solar sources; (E) landfill gas; (F) incremental hydropower; or (G) a geothermal source. (7) Retail electric supplier.--The term ``retail electric supplier'', with respect to any calendar year, means a person or entity that-- (A) sells retail electricity to consumers; and (B) sold not less than 500,000 megawatt-hours of electric energy to consumers for purposes other than resale during the preceding calendar year. (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. RENEWABLE ENERGY GENERATION STANDARDS. (a) Renewable Energy Credits.-- (1) In general.--For each calendar year beginning in calendar year 2006, each retail electric supplier shall submit to the Secretary, not later than April 30 of each year, renewable energy credits in an amount equal to the required annual percentage of the retail electric supplier's total amount of kilowatt-hours of nonhydropower electricity sold to consumers during the previous calendar year. (2) Carryover of renewable energy credits.--A renewable energy credit for any year that is not used to satisfy the minimum requirement for that year may be carried over for use within the next 2 years. (b) Required Annual Percentage.--Of the total amount of nonhydropower electricity sold by each retail electric supplier during a calendar year, the amount generated by renewable energy sources shall be not less than the percentage specified below: Calendar year: Percentage of Renewable energy each year: 2006-2009..................................... 5 2010-2014..................................... 10 2015-2019..................................... 15 2020 and subsequent years..................... 20. (c) Submission of Renewable Energy Credits.-- (1) In general.--To meet the requirements under subsection (a), a retail electric supplier shall submit to the Secretary-- (A) renewable energy credits issued to the retail electric supplier under subsection (e); (B) renewable energy credits obtained by purchase or exchange under subsection (f); (C) renewable energy credits purchased from the United States under subsection (g); or (D) any combination of renewable energy credits obtained under subsections (e), (f), and (g). (2) No double counting.--A renewable energy credit may be counted toward compliance with subsection (a) only once. (d) Renewable Energy Credit Program.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to issue, monitor the sale or exchange of, and track renewable energy credits. (e) Issuance of Renewable Energy Credits.-- (1) Application.-- (A) In general.--Under the program established under subsection (d), an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits. (B) Contents.--An application under subparagraph (A) shall indicate-- (i) the type of renewable energy resource used to produce the electric energy; (ii) the State in which the electric energy was produced; and (iii) any other information that the Secretary determines to be appropriate. (2) Issuances.-- (A) In general.--Except as provided in subparagraph (C), the Secretary shall issue to an entity applying under this subsection 1 renewable energy credit for each kilowatt-hour of renewable energy generated in any State from the date of enactment of this Act and in each subsequent calendar year. (B) Vesting.--A renewable energy credit will vest with the owner of the system or facility that generates the renewable energy unless the owner explicitly transfers the renewable energy credit. (C) Amount.--The Secretary shall issue 3 renewable energy credits for each kilowatt-hour of distributed generation. (3) Eligibility.-- (A) In general.--To be eligible for a renewable energy credit, the unit of electricity generated through the use of a renewable energy resource shall be sold for retail consumption or used by the generator. (B) Energy generated from a combination of sources.--If both a renewable energy resource and a nonrenewable energy resource are used to generate the electric energy, the Secretary shall issue renewable energy credits based on the proportion of the renewable energy resource used. (C) Identification of type and date.--The Secretary shall identify renewable energy credits by the type and date of generation. (4) Sale under contract under purpa.--In a case in which a generator sells electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract subject to section 210 of the Public Utilities Regulatory Policies Act of 1978 (16 U.S.C. 824a-3), the retail electric supplier shall be treated as the generator of the electric energy for the purposes of this Act for the duration of the contract. (f) Sale or Exchange of Renwable Energy Credits.-- (1) In general.--A renewable energy credit may be sold or exchanged by the entity issued the renewable energy credit or by any other entity that acquires the renewable energy credit. (2) Manner of sale.--A renewable energy credit may be sold or exchanged in any manner not in conflict with existing law, including on the spot market or by contractual arrangements of any duration. (g) Purchase From the United States.-- (1) In general.--The Secretary shall offer renewable energy credits for sale at the lesser of 3 cents per kilowatt-hour or 110 percent of the average market value of renewable energy credits for the applicable compliance period. (2) Adjustment for inflation.--On January 1 of each year following calendar year 2006, the Secretary shall adjust for inflation the price charged per renewable energy credit for the calendar year. (h) State Programs.--Nothing in this section precludes any State from requiring additional renewable energy generation in the State under any renewable energy program conducted by the State not in conflict with this Act. (i) Consumer Allocation.-- (1) Rates.--The rates charged to classes of consumers by a retail electric supplier shall reflect a proportional percentage of the cost of generating or acquiring the required annual percentage of renewable energy under subsection (a). (2) Representations to customers.--A retail electric supplier shall not represent to any customer or prospective customer that any product contains more than the percentage of eligible resources if the additional amount of eligible resources is being used to satisfy the renewable generation requirement under subsection (a). (j) Enforcement.-- (1) In general.--A retail electric supplier that does not submit renewable energy credits as required under subsection (a) shall be liable for the payment of a civil penalty. (2) Amount.--The amount of a civil penalty under paragraph (1) shall be calculated on the basis of the number of renewable energy credits not submitted, multiplied by the lesser of 4.5 cents or 300 percent of the average market value of renewable energy credits for the compliance period. (k) Information Collection.--The Secretary may collect the information necessary to verify and audit-- (1) the annual electric energy generation and renewable energy generation of any entity applying for renewable energy credits under this section; (2) the validity of renewable energy credits submitted by a retail electric supplier to the Secretary; and (3) the quantity of electricity sales of all retail electric suppliers. (l) Voluntary Participation.--The Secretary may issue a renewable energy credit under subsection (e) to any entity not subject to the requirements of this Act only if the entity applying for the renewable energy credit meets the terms and conditions of this Act to the same extent as entities subject to this Act. SEC. 4. STATE RENEWABLE ENERGY GRANT PROGRAM. (a) Distribution of Amounts.--The Secretary shall distribute amounts received from sales under subsection 3(h) and from amounts received under subsection 3(k) to States to be used for the purposes of this section. (b) Program.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to promote State renewable energy production and use. (2) Use of funds.--The Secretary shall make funds available under this section to State energy agencies for grant programs for-- (A) renewable energy research and development; (B) loan guarantees to encourage construction of renewable energy facilities; (C) consumer rebate or other programs to offset costs of small residential or small commercial renewable energy systems including solar hot water; or (D) promotion of distributed generation. (c) Preference.--In allocating funds under the program, the Secretary shall give preference to-- (1) States that have a disproportionately small share of economically sustainable renewable energy generation capacity; and (2) State grant programs that are most likely to stimulate or enhance innovative renewable energy technologies.

Renewable Energy Investment Act of 2003 - Requires each retail electric supplier to submit annually to the Secretary of Energy renewable energy credits according to a prescribed annual percentage of the supplier's total amount of kilowatt-hours of nonhydropower electricity sold to consumers during the previous calendar year. Requires each retail electric supplier during a calendar year to generate a specified percentage of nonhydropower electricty by renewable energy sources, escalating from five percent during calendar 2006 through 2009 by five percent increments during subsequent five-year periods up to twenty percent in calendar 2020 and beyond. Directs the Secretary to establish a program to issue, monitor the sale or exchange of, and track renewable energy credits. Authorizes any entity that is issued or has acquired a renewable energy credit to sell or exchange it. Requires the Secretary to sell credits at prices determined by a certain formula. Subjects to a civil penalty a retail electric supplier who does not submit the requisite renewable energy credits. Authorizes the Secretary to distribute receipts from sales to the States in order to promote State renewable energy production and use.

A bill to enhance national security, environmental quality, and economic stability by increasing the production of clean, domestically produced renewable energy as a fuel source for the national electric system.