FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spyware Control and Privacy Protection Act of 2001''. SEC. 2. COLLECTION OF INFORMATION BY COMPUTER SOFTWARE. (a) Notice and Choice Required.-- (1) In general.--Any computer software made available to the public, whether by sale or without charge, that includes a capability to collect information about the user of such computer software, the hardware on which such computer software is used, or the manner in which such computer software is used, and to disclose to such information to any person other than the user of such computer software, shall include-- (A) a clear and conspicuous written notice, on the first electronic page of the instructions for the installation of such computer software, that such computer software includes such capability; (B) a description of the information subject to collection and the name and address of each person to whom such computer software will transmit or otherwise communicate such information; and (C) a clear and conspicuous written electronic notice, in a manner reasonably calculated to provide the user of such computer software with easily understood instructions on how to disable such capability without affecting the performance or operation of such computer software for the purposes for which such computer software was intended. (2) Enablement of capability.--A capability of computer software described in paragraph (1) may not be enabled unless the user of such computer software provides affirmative consent, in advance, to the enablement of the capability. (3) Exception.--The requirements in paragraphs (1) and (2) shall not apply to any capability of computer software that is reasonably needed to-- (A) determine whether or not the user is a licensed or authorized user of such computer software; (B) provide, upon request of the user, technical support of the use of such computer software by the user; or (C) enable an employer to monitor computer usage by its employees while such employees are within the scope of employment as authorized by applicable Federal, State, or local law. (4) Use of information collected through excepted capability.--Any information collected through a capability described in paragraph (1) for a purpose referred to in paragraph (3) may be utilized only for the purpose for which such information is collected under paragraph (3). (5) Access to information collected through excepted capability.--Any person collecting information about a user of computer software through a capability described in paragraph (1) shall-- (A) upon request of the user, provide reasonable access by user to information so collected; (B) provide a reasonable opportunity for the user to correct, delete, or supplement such information; and (C) make the correction or supplementary information a part of the information about the user for purposes of any future use of such information under this subsection. (6) Security of information collected through excepted capability.--Any person collecting information through a capability described in paragraph (1) shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of such information. (b) Preinstallation.--In the case of computer software described in subsection (a)(1) that is installed on a computer by someone other than the user of such computer software, whether through preinstallation by the provider of such computer or computer software, by installation by someone before delivery of such computer to the user, or otherwise, the notice and instructions under that subsection shall be provided in electronic form to the user before the first use of such computer software by the user. (c) Violations.--A violation of subsection (a) or (b) shall be treated as an unfair or deceptive act or practice proscribed by section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (d) Disclosure to Law Enforcement or Under Court Order.-- (1) In general.--Notwithstanding any other provision of this section, a computer software provider that collects information about users of the computer software may disclose information about a user of the computer software-- (A) to a law enforcement agency in response to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, or a court order issued in accordance with paragraph (3); or (B) in response to a court order in a civil proceeding granted upon a showing of compelling need for the information that cannot be accommodated by any other means if-- (i) the user to whom the information relates is given reasonable notice by the person seeking the information of the court proceeding at which the order is requested; and (ii) the user is afforded a reasonable opportunity to appear and contest the issuance of the requested order or to narrow its scope. (2) Safeguards against further disclosure.--A court that issues an order described in paragraph (1) shall impose appropriate safeguards on the use of the information to protect against its unauthorized disclosure. (3) Court orders.--A court order authorizing disclosure under paragraph (1)(A) may issue only with prior notice to the user and only if the law enforcement agency shows that there is probable cause to believe that the user has engaged, is engaging, or is about to engage in criminal activity and that the records or other information sought are material to the investigation of such activity. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this paragraph, on a motion made promptly by the computer software provider may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on the provider. (e) Private Right of Action.-- (1) Actions authorized.--A person may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate Federal court, if such laws or rules prohibit such actions, either or both of the actions as follows: (A) An action based on a violation of subsection (a) or (b) to enjoin such violation. (B) An action to recover actual monetary loss for a violation of subsection (a) or (b) in an amount equal to the greater of-- (i) the amount of such actual monetary loss; or (ii) $2,500 for such violation, not to exceed a total amount of $500,000. (2) Additional remedy.--If the court in an action under paragraph (1) finds that the defendant willfully, knowingly, or repeatedly violated subsection (a) or (b), the court may, in its discretion, increase the amount of the award under paragraph (1)(B) to an amount not greater than three times the amount available under paragraph (1)(B)(ii). (3) Litigation costs and attorney fees.--In any action under paragraph (1), the court may, in its discretion, require an undertaking for the payment of the costs of such action and assess reasonable costs, including reasonable attorney fees, against the defendant. (4) Venue.--In addition to any contractual provision otherwise, venue for an action under paragraph (1) shall lie where the computer software concerned was installed or used or where the person alleged to have committed the violation concerned is found. (5) Protection of trade secrets.--At the request of any party to an action under paragraph (1), or any other participant in such action, the court may, in its discretion, issue a protective order and conduct proceedings in such action so as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to-- (A) prevent possible recurrence of the same or a similar act by another person; or (B) protect any trade secrets of such party or participant. (f) Definitions.--In this section: (1) Collect.--The term ``collect'' means the gathering of information about a computer or a user of computer software by any means, whether direct or indirect and whether active or passive. (2) Computer.--The term ``computer'' means a programmable electronic device that can store, retrieve, and process data. (3) Computer software.--(A) Except as provided in subparagraph (B), the term ``computer software'' means any program designed to cause a computer to perform a desired function or functions. (B) The term does not include a text file, or cookie, placed on a person's computer system by an Internet service provider, interactive computer service, or commercial Internet website to return information to the Internet service provider, interactive computer service, commercial Internet website, or third party if the person subsequently uses the Internet service provider or interactive computer service, or accesses the commercial Internet website. (4) Information.--The term ``information'' means information that personally identifies a user of computer software, including the following: (A) A first and last name, whether given at birth or adoption, assumed, or legally changed. (B) A home or other physical address including street name and name of a city or town. (C) An electronic mail address. (D) A telephone number. (E) A social security number. (F) A credit card number, any access code associated with the credit card, or both. (G) A birth date, birth certificate number, or place of birth. (H) Any other unique information identifying an individual that a computer software provider, Internet service provider, interactive computer service, or operator of a commercial Internet website collects and combines with information described in subparagraphs (A) through (G) of this paragraph. (5) Person.--The term ``person'' has the meaning given that term in section 3(32) of the Communications Act of 1934 (47 U.S.C. 153(32)). (6) User.--The term ``user'' means an individual who acquires, through purchase or otherwise, computer software for purposes other than resale. (g) Effective Date.--This section shall take effect 180 days after the date of the enactment of this Act.

Spyware Control and Privacy Protection Act of 2001 - Requires any computer software made available to the public that includes the capability to collect information about the user of such software, the hardware on which such software is used, or the manner in which such software is used, and the capability to disclose such information to any person other than the software user, with specified exceptions, to include: (1) a clear notice that such software contains such capability; (2) a description of the information subject to collection; and (3) clear electronic instructions on how to disable such capability without affecting software performance or operation.Prohibits such capability from being enabled unless the user consent in advance.Treats each violations of such requirements and prohibition as an unfair or deceptive act or practice under the Federal Trade Commission Act.Authorizes a software provider to disclose such information to law enforcement officials or a court under a warrant or court order. Requires a court issuing such an order to ensure appropriate safeguards on the use of such information.

A bill to provide for the disclosure of the collection of information through computer software, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minuteman Missile National Historic Site Establishment Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Minuteman II intercontinental ballistic missile (referred to in this Act as ``ICBM'') launch control facility and launch facility known as ``Delta 1'' and ``Delta 9'', respectively, have national significance as the best preserved examples of the operational character of American history during the Cold War; (2) the facilities are symbolic of the dedication and preparedness exhibited by the missileers of the Air Force stationed throughout the upper Great Plains in remote and forbidding locations during the Cold War; (3) the facilities provide a unique opportunity to illustrate the history and significance of the Cold War, the arms race, and ICBM development; and (4) the National Park System does not contain a unit that specifically commemorates or interprets the Cold War. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations the structures associated with the Minuteman II missile defense system; (2) to interpret the historical role of the Minuteman II missile defense system-- (A) as a key component of America's strategic commitment to preserve world peace; and (B) in the broader context of the Cold War; and (3) to complement the interpretive programs relating to the Minuteman II missile defense system offered by the South Dakota Air and Space Museum at Ellsworth Air Force Base. SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE. (a) Establishment.-- (1) In general.--The Minuteman Missile National Historic Site in the State of South Dakota (referred to in this Act as the ``historic site'') is established as a unit of the National Park System. (2) Components of site.--The historic site shall consist of the land and interests in land comprising the Minuteman II ICBM launch control facilities, as generally depicted on the map referred to as ``Minuteman Missile National Historic Site'', numbered 406/80,008 and dated September, 1998, including-- (A) the area surrounding the Minuteman II ICBM launch control facility depicted as ``Delta 1 Launch Control Facility''; and (B) the area surrounding the Minuteman II ICBM launch control facility depicted as ``Delta 9 Launch Facility''. (3) Availability of map.--The map described in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (4) Adjustments to boundary.--The Secretary of the Interior (referred to in this Act as the ``Secretary'') is authorized to make minor adjustments to the boundary of the historic site. (b) Administration of Historic Site.--The Secretary shall administer the historic site in accordance with this Act and laws generally applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (c) Coordination With Heads of Other Agencies.--The Secretary shall consult with the Secretary of Defense and the Secretary of State, as appropriate, to ensure that the administration of the historic site is in compliance with applicable treaties. (d) Cooperative Agreements.--The Secretary may enter into cooperative agreements with appropriate public and private entities and individuals to carry out this Act. (e) Land Acquisition.-- (1) In general.--Except as provided in paragraph (2), the Secretary may acquire land and interests in land within the boundaries of the historic site by-- (A) donation; (B) purchase with donated or appropriated funds; or (C) exchange or transfer from another Federal agency. (2) Prohibited acquisitions.-- (A) Contaminated land.--The Secretary shall not acquire any land under this Act if the Secretary determines that the land to be acquired, or any portion of the land, is contaminated with hazardous substances (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)), unless, with respect to the land, all remedial action necessary to protect human health and the environment has been taken under that Act. (B) South dakota land.--The Secretary may acquire land or an interest in land owned by the State of South Dakota only by donation or exchange. (f) General Management Plan.-- (1) In general.--Not later than 3 years after the date funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the historic site. (2) Contents of plan.-- (A) New site location.--The plan shall include an evaluation of appropriate locations for a visitor facility and administrative site within the areas depicted on the map described in subsection (a)(2) as-- (i) ``Support Facility Study Area--Alternative A''; or (ii) ``Support Facility Study Area--Alternative B''. (B) New site boundary modification.--On a determination by the Secretary of the appropriate location for a visitor facility and administrative site, the boundary of the historic site shall be modified to include the selected site. (3) Coordination with badlands national park.--In developing the plan, the Secretary shall consider coordinating or consolidating appropriate administrative, management, and personnel functions of the historic site and the Badlands National Park. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act. (b) Air Force Funds.-- (1) Transfer.--The Secretary of the Air Force shall transfer to the Secretary any funds specifically appropriated to the Air Force in fiscal year 1999 for the maintenance, protection, or preservation of the land or interests in land described in section 3. (2) Use of air force funds.--Funds transferred under paragraph (1) shall be used by the Secretary for establishing, operating, and maintaining the historic site. (c) Legacy Resource Management Program.--Nothing in this Act affects the use of any funds available for the Legacy Resource Management Program being carried out by the Air Force that, before the date of enactment of this Act, were directed to be used for resource preservation and treaty compliance. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Minuteman Missile National Historic Site Establishment Act of 1999 - Establishes the Minuteman Missile National Historic Site, in South Dakota, as a unit of the National Park System. Requires the Secretary of the Interior to prepare a general management plan for the Site and to consider coordinating or consolidating appropriate administrative, management, and personnel functions of the Site and the Badlands National Park. Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force in FY 1999 for the maintenance, protection, or preservation of the land or interests in lands comprising the Minuteman II ICBM launch control facilities, including areas surrounding the facilities known as Delta 1 and Delta 9.

Minuteman Missile National Historic Site Establishment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boise Laboratory Replacement Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the existing facilities of the Rocky Mountain Research Station Boise laboratory are outdated and no longer serve as a modern research facility; (2) the Boise laboratory site is in the heart of a Boise city redevelopment zone, and the existing laboratory facilities detract from community improvement efforts; (3) it is desirable to colocate the Boise laboratory with 1 of the State institutions of higher learning in the Boise metropolitan area-- (A) to facilitate communications and sharing of research data between the agency and the Idaho scientific community; (B) to facilitate development and maintenance of the Boise laboratory as a modern, high quality research facility; and (C) to reduce costs, better use assets, and better serve the public; and (4) it is desirable to make the Boise laboratory site available for inclusion in a planned facility that is being developed on adjacent property by the University of Idaho or the University of Idaho Foundation, a not-for-profit corporation acting on behalf of the University of Idaho, as a multiagency research and education facility to serve various agencies and educational institutions of the United States and the State. (b) Purpose.--The purpose of this Act is to authorize the Secretary-- (1) to sell or exchange the land and improvements currently occupied by the Boise laboratory site; and (2) to acquire land, facilities, or interests in land and facilities, including condominium interests, to colocate the Rocky Mountain Research Station Boise laboratory with 1 of the State institutions of higher learning in the Boise metropolitan area, using-- (A) funds derived from sale or exchange of the existing Boise laboratory site; and (B) to the extent the funds received are insufficient to carry out the acquisition of replacement research facilities, funds subsequently made available by appropriation for the acquisition, construction, or improvement of the Rocky Mountain Research Station Boise laboratory. SEC. 3. DEFINITIONS. In this Act: (1) Boise laboratory site.--The term ``Boise laboratory site'' means the approximately 3.26 acres of land in section 10, T. 3 N., R. 2 E., Boise Meridian, as depicted on that Plat of Park View Addition to Boise, Ada County, Idaho, labeled ``Boise Lab Site-May 22, 2000'', located at 316 East Myrtle Street, Boise, Idaho. (2) Condominium interest.--The term ``condominium interest'' means an estate in land consisting of (in accordance with law of the State)-- (A) an undivided interest in common of a portion of a parcel of real property; and (B) a separate fee simple interest in another portion of the parcel. (3) Fair market value.--The term ``fair market value'' means the cash value of land on a specific date, as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) State.--The term ``State'' means the State of Idaho. SEC. 4. SALE OR EXCHANGE OF BOISE LABORATORY SITE. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe and subject to valid existing rights, sell or exchange any or all right, title, and interest of the United States in and to the Boise laboratory site. (b) Right of First Refusal.-- (1) In general.--After a determination of fair market value of the Boise laboratory site is approved by the Secretary, the University of Idaho or the University of Idaho Foundation, a not-for-profit organization acting on behalf of the University of Idaho, shall be allowed 210 days from the effective date of value to exercise a right of first refusal to purchase the Boise laboratory site at fair market value. (2) Cooperative development.--If the University of Idaho or the University of Idaho Foundation exercises the right of first refusal under paragraph (1), to accomplish the purpose described in section 2(b)(2), the Secretary shall, to the maximum extent practicable, cooperate with the University of Idaho in the development of a multiagency research and education facility on the Boise laboratory site and adjacent property. (c) Solicitation of Offers.--If the right of first refusal described in subsection (b) is not exercised, the Secretary may solicit offers for purchase through sale or competitive exchange of any and all right, title, and interest of the United States in and to the Boise laboratory site. (d) Consideration.--Consideration for sale or exchange of land under this section-- (1) shall be at least equal to the fair market value of the Boise laboratory site; and (2) may include cash, land, existing improvements, or improvements to be constructed to the specifications of the Secretary, including condominium interests. (e) Rejection of Offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. SEC. 5. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under section 4 in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for-- (1) the acquisition of land and facilities, or interests in land and facilities, including condominium interests-- (A) to colocate the Boise laboratory with 1 of the State institutions of higher learning in the Boise metropolitan area; and (B) to replace other functions of the Boise laboratory; and (2) to the extent the funds are not necessary to carry out paragraph (1), the acquisition of other land or interests in land in the State.

Grants right of first refusal for the laboratory site to the University of Idaho or a related nonprofit organization, and provides, if such option is exercised, for Federal cooperation with the University to develop a multiagency research and education facility at such site.

Boise Laboratory Replacement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Treatment for Pregnant and Postpartum Women Act of 2015''. SEC. 2. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN. (a) In General.--Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (a), by inserting ``(referred to in this section as the `Director')'' after ``Director of the Center for Substance Abuse Treatment''; (2) in subsection (p), by inserting ``(other than subsection (r))'' after ``this section''; and (3) in subsection (r), by striking ``such sums'' and all that follows through ``2003'' and inserting ``such sums as may be necessary for each of fiscal years 2016 through 2020''. (b) Pilot Program Grants for State Substance Abuse Agencies.-- Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) by redesignating subsection (r) as subsection (s); and (2) by inserting after subsection (q) the following: ``(r) Pilot Program for State Substance Abuse Agencies.-- ``(1) In general.--From amounts made available under subsection (s), the Director shall carry out a pilot program under which the Director makes competitive grants to State substance abuse agencies to-- ``(A) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; ``(B) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in non-residential based settings; and ``(C) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery that are evidence-based. ``(2) Requirements.--In carrying out the pilot program under this subsection, the Director-- ``(A) shall require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program; ``(B) shall identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; ``(C) shall require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; ``(D) notwithstanding subsection (a)(1), shall not require that services furnished through such a grant be provided solely to women that reside in facilities; ``(E) shall not require that grant recipients under the program make available all services described in subsection (d); and ``(F) may waive the requirements of subsection (f), depending on the circumstances of the grantee. ``(3) Required services.-- ``(A) In general.--The Director shall specify minimum services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum services-- ``(i) shall include the requirements described in subsection (c); ``(ii) may include any of the services described in subsection (d); ``(iii) may include other services, as appropriate; and ``(iv) shall be based on the recommendations submitted under subparagraph (B) ``(B) Stakeholder input.--The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum services described in subparagraph (A). ``(4) Duration.--The pilot program under this subsection shall not exceed 5 years. ``(5) Evaluation and report to congress.-- ``(A) In general.--Out of amounts made available to the Center for Behavioral Health Statistics and Quality, the Director of the Center for Behavioral Health Statistics and Quality, in cooperation with the recipients of grants under this subsection, shall conduct an evaluation of the pilot program, beginning one year after the date on which a grant is first awarded under this subsection. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment, not later than 120 days after completion of such evaluation, shall submit to the relevant Committees of the Senate and the House of Representatives a report on such evaluation. ``(B) Contents.--The report to Congress under subparagraph (A) shall include, at a minimum, outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs, engagement in treatment services, retention in the appropriate level and duration of services, increased access to the use of drugs approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling, and other appropriate measures. ``(6) State substance abuse agencies defined.--For purposes of this subsection, the term `State substance abuse agency' means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of title XIX.''. (c) Funding.--Subsection (s) of section 508 of the Public Health Service Act (42 U.S.C. 290bb-1), as amended by subsection (a) and redesignated by subsection (b)(1), is further amended by adding at the end the following new sentence: ``Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r).''.

Improving Treatment for Pregnant and Postpartum Women Act of 2015 This bill amends the Public Health Service Act to extend support for residential substance abuse treatment programs for pregnant and postpartum women through FY2020. The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder.

Improving Treatment for Pregnant and Postpartum Women Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Amendment Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The freedom to practice religion and to express religious thought is acknowledged to be one of the fundamental and unalienable rights belonging to all individuals. (2) The Framers of the Constitution deliberately withheld, in the main body of that document, any authority for the Federal Government to meddle with the religious affairs or with the free speech of the people. Then, as further and more specific protection for the people, they added the first amendment, which includes the ``establishment clause'' and the ``freedom of speech clause'' which are as follows: ``Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech . . .''. It is of utmost importance to note that the first amendment is not a grant of authority to the Federal Government. To the contrary, it is a specific restriction upon the exercise of power by the Federal Government. (3) For over 150 years, the Court held to this historically correct position in interpreting the first amendment. During this period, scant mention was made to ``The Separation of Church and State''. (4) Then, beginning in 1947, and accelerating through the 60's, the Court abruptly reversed its position. This was done with no change in the law, either by statute or by amendment to the Constitution. The Court invented the distorted meaning of the first amendment utilizing the separation of ``church and state'' in 1947 in Everson v. Board of Education when it announced: The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. (Everson v. Board of Education; 330 U.S. 1, 18 [1947]). Over the past five decades, rulings of the United States Supreme Court have served to infringe upon the rights of Americans to enjoy freedom of speech relating to religious matters. Such infringements include the outlawing of prayer in schools and of the display of the Ten Commandments in public places. These rulings have not reflected a neutrality toward religious denominations but a hostility toward religious thought. They have served to undermine the foundation of not only our moral code but our system of law and justice. (5) In making this abrupt change, the Court ignored all historical precedent established previously by the Court, the wording of the First Amendment, and the intent of its framers. The rulings are legally irrational and without foundation. Although the Court presumed to rely upon the First Amendment for its authority for these rulings, a review of that Amendment reveals that said rulings could not possibly have been based upon its original intent. Consequently, it is incumbent upon this Congress to review not only the rulings of the Court which are in question but the wording and history of the First Amendment to determine the intent of its framers. This abrupt change is found in the following court cases: (A) ``A verbal prayer offered in a school is unconstitutional, even if that prayer is both voluntary and denominationally neutral.'' (Engel v. Vitale, 1962, Abington v. Schempp, 1963, Commissioner of Education v. School Committee of Leyden, 1971.) (B) ``Freedoms of speech and press are guaranteed to students and teachers unless the topic is religious, at which time such speech becomes unconstitutional.'' (Stein v. Oshinsky, 1965, Collins v. Chandler Unified School District, 1981, Bishop v. Aronov, 1991, Duran v. Nitsche, 1991.) (C) ``It is unconstitutional for students to see the Ten Commandments since they might read, meditate upon, respect, or obey them.'' (Stone v. Graham, 1980, Ring v. Grand Forks Public School District, 1980, Lanner v. Wimmer, 1981.) (D) ``If a student prays over his lunch, it is unconstitutional for him to pray aloud.'' (Reed v. Van Hoven, 1965.) (E) ``The Ten Commandments, despite the fact that they are the basis of civil law and are depicted in engraved stone in the United States Supreme Court, may not be displayed at a public courthouse.'' (Harvey v. Cobb County. 1993.) (F) ``When a student addresses an assembly of his peers, he effectively becomes a government representative; it is therefore unconstitutional for that student to engage in prayer.'' (Harris v. Joint School District, 1994.) (G) By interpreting the establishment clause to preclude prayer and other religious speech in any public place, the Supreme Court necessarily violates the free speech clause of the very same first amendment. These rulings of the Court constitute de facto legislation or Constitution-amending. This is a serious violation of the doctrine of separation of powers, as all legislative authority bestowed by the people through the Constitution is bestowed upon the Congress and the Congress alone. (6) A fundamental maxim of law is, whenever the intent of a statute or a constitution is in question, to refer to the words of its framers to determine their intent and use this intent as the true intent of the law. (7) The intent of the First Amendment was and is clear on these two points: The Federal Government was prohibited from enacting any laws which would favor one religious denomination over another and the Federal Government has no power to forbid or prohibit any mention of religion, the Ten Commandments or reference to God in civic dialog. (8) In its rulings to prohibit Americans from saying prayers in school or from displaying the Ten Commandments in public places, the Court has relied heavily upon the metaphor, ``Separation of Church and State''. Note that this phrase is nowhere to be found in the First Amendment or any other place in the Constitution. (9) The metaphor, ``Separation of Church and State'', was extracted, out of context, from a letter from Thomas Jefferson to the Danbury Baptists in reply to a letter from them expressing concern that the Federal Government might intrude in religious matters by favoring one denomination over another. Jefferson's reply was that the First Amendment would preclude such intrusion. (10) The Court, in its use of Separation of Church and State, has given to this phrase a meaning never intended by its author; it took it out of context and inverted its meaning and intent. The complete text of Jefferson's letter is found in Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802. (11) Justice William Rehnquist made an extensive study of the history of the First Amendment. In his dissent in Wallace v. Jaffree (472 U.S. 38, 48, n. 30 [1984],) he stated: ``There is simply no historical foundation for the proposition that the Framers intended to build the `wall of separation' that was constitutionalized in Everson. . . . But the greatest injury of the `wall' notion is its mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . . [N]o amount of repetition of historical errors in judicial opinions can make the errors true. The `wall of separation between church and state' is a metaphor based on bad history. . . . It should be frankly and explicitly abandoned. . . . Our perception has been clouded not by the Constitution but by the mists of an unnecessary metaphor. ``It would come as much of a shock to those who drafted the Bill of Rights, as it will to a large number of thoughtful Americans today, to learn that the Constitution, as construed by the majority, prohibits the Alabama Legislature from endorsing prayer. George Washington himself, at the request of the very Congress which passed the Bill of Rights, proclaimed a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God. History must judge whether it was the Father of his Country in 1789, or a majority of the Court today, which has strayed from the meaning of the Establishment Clause.'' (12) As Justice Rehnquist states, the greatest injury of the ``wall'' notion is its ``mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . . '' It is necessary to review not only Jefferson's intent in his use of this ``wall'', but his involvement or noninvolvement in the drafting of the First Amendment, and the intent of the framers of the First Amendment. (13) Jefferson was neither the author of nor a coauthor of the First Amendment. He cannot be considered as a source of legal authority on this subject. The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's admonition to Judge William Johnson regarding the determination of the original intent of a statute or a constitution: ``On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.'' (Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor [Boston: Gray and Bowen, 1830, Vol. IV., p. 373,] to Judge William Johnson on June 12, 1823). (14) The principal authors of the First Amendment, the record reveals, were Fisher Ames and Elbridge Gerry of Massachusetts, not Thomas Jefferson. Others who participated were John Vining of Delaware, Daniel Carroll and Charles Carroll of Maryland, Benjamin Huntington, Roger Sherman and Oliver Ellsworth of Connecticut and William Paterson of New Jersey and James Madison and George Mason of Virginia. Thomas Jefferson is not found in the record as having participated. (The Debates and Proceedings in the Congress of the United States [Washington, D.C.; Gales and Seaton, 1834], Vol. I, pp. 440-948, June 8-September 24, 1789.) (15) George Mason, a member of the Constitutional Convention and recognized as ``The Father of the Bill of Rights'', submitted this proposal for the wording of the First Amendment: ``All men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of Christians ought to be favored or established by law in preference to others.'' (Kate Mason Rowland, The Life of George Mason [New York: G.P. Putnam's Sons, 1892,] Vol I, p. 244.) (16) The Father of the Constitution, James Madison, submitted the following wording for the First Amendment: ``The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established.'' (The Debates and Proceedings in the Congress of the United States [Washington, D.C.; Gales and Season, 1834,] Vol. I, p. 451, James Madison, June 8, 1789.) (17) The true intent of the First Amendment is reflected by the proposals submitted by Fisher Ames, George Mason and James Madison and the wording finally adopted. (18) Justice Joseph Story, considered the Father of American Jurisprudence, stated in his Commentaries on the Constitution: ``The real object of the [First A]mendment was not to countenance, much less to advance Mohometanism [sp], or Judaism, or infidelity by prostrating Christianity; but to exclude all rivalry among Christian sects and to prevent any national ecclesiastical establishment which should give to a hierarchy [a denominational council] the exclusive patronage of the national government. (Joseph Story, Commentaries on the Constitution of the United States [Boston; Hilliard, Gray and Company, 1833], p. 728, par. 1871.) (19) Proof that the intent of the framers of the First Amendment did not intend for the Federal Government to restrict the exercise of free speech in religious matters in civic dialog is found in various statements by George Washington, who was President when the Congress adopted the First Amendment. The following is found in his ``Farewell Address'': `` . . . of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness.'' (George Washington, Address of George Washington, President of the United States. . . . Preparatory to his Declination [Baltimore: George and Henry S. Keatinge, 1796], pp. 22-23. (20) James Wilson was a very active member of the Convention and was later appointed by President George Washington as an original Justice on the United States Supreme Court where he coauthored America's first legal text on the Constitution. Wilson never mentioned a ``separation of church and state''. To the contrary, he declared the correlation between religion and civil laws: Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. (James Wilson, The Works of James Wilson, Bird Wilson, editor. Philadelphia; Bronson and Chauncey, 1804. Vol. I, pp. 104-106.) (21) It was Fisher Ames of Massachusetts who provided, on the 20th of August, 1789, the final wording for the First Amendment as passed by the House of Representatives. Fisher Ames, who should be considered the foremost authority on the intent of the First Amendment, never spoke of a separation of church and state. (Fisher Ames, Works of Fisher Ames, Boston; T.B. Wait & Co. 1809, p. 134, 135.) (22) Because the Court does not seem to be disposed to correct this egregious error, it is incumbent upon the Congress of the United States to perform its duty to support and defend the Constitution of the United States, by the use of its authority to apply checks and balances to other branches of the government, when usurpations and the exercise of excesses of power are evident. The Congress must, then, take the appropriate steps to correct egregious problem. SEC. 3. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL DISTRICT COURT JURISDICTION. (a) In General.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1369. Exclusion of jurisdiction over religious freedom-related cases ``(a) In General.--The district courts of the United States, the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands shall not have jurisdiction to hear or determine any religious freedom-related case. ``(b) Definition.--For purposes of this section, the term `religious freedom-related case' means any action in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: ``1369. Exclusion of jurisdiction over religious freedom-related cases.''. SEC. 4. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL CLAIMS COURT JURISDICTION. (a) In General.--Chapter 91 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1510. Removal of jurisdiction over religious freedom-related cases ``(a) In General.--The United States Court of Federal Claims shall not have jurisdiction to hear or determine any religious freedom- related case. ``(b) Definition.--For purposes of this section, the term `religious freedom-related case' means any action in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 91 of title 28, United States Code, is amended by adding at the end the following new item: ``1510. Removal of jurisdiction over religious freedom-related cases.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to cases filed on or after the date of the enactment of this Act.

First Amendment Restoration Act - Denies jurisdiction to the U.S. Court of Federal Claims, U.S. district courts, and the District Courts of Guam, the Virgin Islands, and the Northern Mariana Islands, to hear or determine religious freedom-related cases.

To restore first amendment protections of religion and speech.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural America Health Care Improvement Act''. TITLE I--PROVISIONS RELATING TO PUBLIC HEALTH SERVICE ACT SEC. 101. ADMINISTRATOR OF PROGRAMS; FUNDING. (a) Administrator.--For purposes of this title, the term ``Secretary'' means the Secretary of Health and Human Services. (b) Funding.--The authorizations of appropriations established in this title are in addition to any other authorizations of appropriations that are available for the purposes of this title. SEC. 102. NATIONAL HEALTH SERVICE CORPS. (a) Additional Funding; General Corps Program; Allocation for Certain Nonphysician Health Professionals.--For the purpose of carrying out subpart II of part D of title III of the Public Health Service Act, and for the purpose of carrying out subsection (b), there are authorized to be appropriated $50,000,000 for fiscal year 1996, $100,000,000 for fiscal year 1997, and $200,000,000 for fiscal year 1998. (b) Allocation for Participation of Certain Nonphysician Health Professionals in Scholarship and Loan Repayment Programs.-- (1) In general.--Of the amounts appropriated under this section, the Secretary shall reserve such amounts as may be necessary to ensure that, of the number of individuals who are participants in the Scholarship Program under section 338A of the Public Health Service Act, or in the Loan Repayment Program under section 338B of such Act, the total number who are being educated as health professionals specified in paragraph (2), or are serving as such professionals, respectively, is increased to 20 percent. (2) Relevant professions.--The health professionals referred to in paragraph (1) are nurse practitioners, certified nurse midwives, and registered nurses, and physician assistants. SEC. 103. DEVELOPMENT OF COMMUNITY-OPERATED HEALTH PLANS IN RURAL AND FRONTIER AREAS. (a) Community-Operated Health Plans.-- (1) In general.--The Secretary may make grants to public and nonprofit private entities for the purpose of carrying out projects to develop health plans to provide services exclusively in rural and frontier areas. (2) Requirements for health plans.--For purposes of this section, the term ``health plan'' means a community-rated plan or an experience-rated plan. (b) Community Involvement.--The Secretary may make a grant under subsection (a) only if the applicant involved meets the following conditions: (1) In developing the proposal of the applicant for a project under such subsection, the applicant has consulted with the local governments of the geographic area to be served by the health plan developed through the project, with individuals who reside in the area, and with a reasonable number and variety of health professionals who provide services in the area. (2) The applicant agrees that the principal legal authority over the operation of the health plan will be vested in individuals who reside in such geographic area. (3) In the proposal the applicant specifies how a full continuum of services will be provided. (4) In the proposal the applicant specifies how the proposed health plan will utilize existing health care facilities in a manner that avoids unnecessary duplication. (c) Use of Funds.-- (1) In general.--Funds made available under this section may be used for the following: (A) To develop integrated health networks, utilizing existing local providers and facilities where appropriate, with community involvement. (B) For information systems, including telecommunications. (C) For transportation services. (2) Limitations.--Funds made available under this section shall not be used for the following: (A) For a telecommunications system, unless the system is coordinated with, and does not duplicate, such a system existing in the area. (B) For paying off existing debt. (d) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 1996, $50,000,000 for fiscal year 1997, and $50,000,000 for fiscal year 1998. SEC. 104. PRIMARY HEALTH CARE FOR MEDICALLY UNDERSERVED RURAL COMMUNITIES; INCREASED CAPACITY OF HOSPITALS AND OUTPATIENT FACILITIES. (a) In General.--The Secretary may make grants to public and nonprofit private hospitals in medically underserved rural communities, and to public and nonprofit private outpatient facilities in such communities, for the purpose of carrying out projects to develop or increase the capacity of the hospitals and facilities to provide primary health services. (b) Medically Underserved Rural Community.--For purposes of this section, the term ``medically underserved rural community'' means-- (1) a rural area that has a substantial number of individuals who are members of a medically underserved population, as defined in section 330 of the Public Health Service Act; or (2) a rural area a significant portion of which is a health professional shortage area designated under section 332 of such Act. (c) Certain Expenditures.-- (1) In general.--The purposes for which the Secretary may authorize a grant under subsection (a) to be expended include the renovation of facilities, the purchase of equipment, and the recruitment and retention of personnel. (2) Certain facilities.--The purposes for which the Secretary may authorize a grant under subsection (a) to be expended include-- (A) the development of rural emergency medical care hospitals; and (B) the development of nurse-managaged health centers for the provision of primary health care services in rural areas and for coordinating with health care providers and networks. (d) Definitions.-- (1) Rural emergency medical care hospitals.--For purposes of this section, a rural emergency medical care hospital is a facility with the following characteristics: (A) It is a hospital that is in danger of closing due to low inpatient utilization rates and operating losses. (B) The closure of the facility would limit the access of individuals residing in the facility's service area to emergency services. (C) The facility has entered into (or intends to enter into) an agreement with another hospital that will accept the transfer of patients. (D) A physician is available on-call to provide emergency medical services on a 24-hour-a-day basis. (E) The facility must have a practitioner who is qualified to provide advanced cardiac life support services (as determined by the State in which the facility is located) on-site at the facility on a 24- hour-a-day basis. (F) The facility meets such staffing requirements as would apply under section 1861(e) of the Social Security Act, except that the facility need not meet hospital standards relating to the number of hours during a day, or days during a week, in which the facility must be open, but must provide emergency care on a 24-hour-a-day basis. (2) Nurse-managed health centers.--For purposes of this section, the term ``nurse-managed health center'' means a health center meeting the following conditions (to the extent in accordance with applicable law): The services of the center are primary health services; the principal providers of such services through the center are nurse practitioners, certified nurse midwives, and clinical nurse specialists; the principal managers of the center are professional nurses; and the procedures of the center provide patients with direct access to nurse practitioners, certified nurse midwives, or clinical nurse specialists. (e) Funding.-- (1) Hospitals.--For the purpose of making grants to hospitals under subsection (a), there are authorized to be appropriated $50,000,000 for fiscal year 1996, $50,000,000 for fiscal year 1997, and $50,000,000 for fiscal year 1998. (2) Outpatient facilities.--For the purpose of making grants to outpatient facilities under subsection (a), there are authorized to be appropriated $50,000,000 for fiscal year 1996, $50,000,000 for fiscal year 1997, and $50,000,000 for fiscal year 1998. SEC. 105. TRAINING OF RURAL HEALTH PROFESSIONALS OTHER THAN PHYSICIANS. (a) Funding for Programs Under Public Health Service Act.--With respect to programs of title VII or VIII of the Public Health Service Act that provide for the training of individuals as health professionals other than physicians, there are authorized to be appropriated for the purpose of carrying out such programs, through entities described in subsection (b), $50,000,000 for each of the fiscal years 1996 through 1998. (b) Eligibility.--With respect to a program referred to in subsection (a), an entity described in this subsection is an entity-- (1) that is eligible to receive grants or contracts under the program (as provided in the applicable provisions of title VII or VIII of the Public Health Service Act); and (2) a substantial number of whose designated graduates are providing health services in a rural area. (c) Definition of Designated Graduate.--For purposes of this section, the term ``designated graduate'', with respect to an entity, means an individual completing the training involved during the 5-year period preceding the fiscal year for which the entity is applying to receive a grant or contract under the applicable program referred to in subsection (a). (d) Certain Programs.--Programs carried out under subsection (a) shall include programs for nurse practitioners, physician assistants, and nurse midwives. TITLE II--PROVISIONS RELATING TO MEDICARE SEC. 201. MEDICARE INCENTIVES FOR PHYSICIANS TO PROVIDE PRIMARY CARE. (a) Underserved Area Bonus Payments; Increase in Amount of Payment for Primary Care Services.--Section 1833(m) of the Social Security Act (42 U.S.C. 1395l(m)) is amended-- (1) by striking ``10 percent'' and inserting ``a percent'', (2) by striking ``service'' the last place it appears and inserting ``services'', and (3) by adding the following new sentence: ``The percent referred to in the previous sentence is 20 percent in the case of primary care services, as defined in section 1842(i)(4), and 10 percent for services other than primary care services furnished in health professional shortage areas located in rural areas as defined in section 1886(d)(2)(D).''. (b) Effective Date.--The amendments made by subsection (a) are effective for services furnished on or after January 1, 1996. TITLE III--TAX INCENTIVES FOR HEALTH SERVICES PROVIDERS SEC. 301. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICES PROVIDERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. PRIMARY HEALTH SERVICES PROVIDERS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the product of-- ``(1) the number of months during such taxable year-- ``(A) during which the taxpayer is a qualified primary health services provider, and ``(B) which are within the taxpayer's mandatory service period, and ``(2) $1,000 ($500 in the case of a qualified practitioner who is not a physician). ``(b) Qualified Primary Health Services Provider.--For purposes of this section, the term `qualified primary health services provider' means, with respect to any month, any qualified practitioner who-- ``(1) has in effect a certification by the Bureau as a provider of primary health services and such certification is, when issued, for a health professional shortage area in which the qualified practitioner is commencing the providing of primary health services, ``(2) is providing primary health services full time in the health professional shortage area identified in such certification, and ``(3) has not received a scholarship under the National Health Service Corps Scholarship Program or any loan repayments under the National Health Service Corps Loan Repayment Program. For purposes of paragraph (2), a provider shall be treated as providing services in a health professional shortage area when such area ceases to be such an area if it was such an area when the provider commenced providing services in the area. ``(c) Mandatory Service Period.--For purposes of this section, the term `mandatory service period' means the period of 60 consecutive calendar months beginning with the first month the taxpayer is a qualified primary health services provider. A taxpayer shall not have more than 1 mandatory service period. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Bureau.--The term `Bureau' means the Bureau of Primary Health Care, Health Resources and Services Administration of the United States Public Health Service. ``(2) Qualified practitioner.--The term `qualified practitioner' means a physician, a physician assistant, a nurse practitioner, or a certified nurse-midwife. ``(3) Physician.--The term `physician' has the meaning given to such term by section 1861(r) of the Social Security Act. ``(4) Physician assistant; nurse practitioner.--The terms `physician assistant' and `nurse practitioner' have the meanings given to such terms by section 1861(aa)(5) of the Social Security Act. ``(5) Certified nurse-midwife.--The term `certified nurse- midwife' has the meaning given to such term by section 1861(gg)(2) of the Social Security Act. ``(6) Primary health services.--The term `primary health services' has the meaning given such term by section 330(b)(1) of the Public Health Service Act. ``(7) Health professional shortage area.--The term `health professional shortage area' has the meaning given such term by section 332(a)(1)(A) of the Public Health Service Act. ``(e) Recapture of Credit.-- ``(1) In general.--If there is a recapture event during any taxable year, then-- ``(A) no credit shall be allowed under subsection (a) for such taxable year and any succeeding taxable year, and ``(B) the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(i) the applicable percentage, and ``(ii) the aggregate unrecaptured credits allowed to such taxpayer under this section for all prior taxable years. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: ``If the recapture The applicable recap- event occurs during: ture percentage is: Months 1-24.............. 100 Months 25-36............. 75 Months 37-48............. 50 Months 49-60............. 25 Months 61 and thereafter. 0. ``(B) Timing.--For purposes of subparagraph (A), month 1 shall begin on the first day of the mandatory service period. ``(3) Recapture event defined.-- ``(A) In general.--For purposes of this subsection, the term `recapture event' means the failure of the taxpayer to be a qualified primary health services provider for any month during the taxpayer's mandatory service period. ``(B) Cessation of designation.--The cessation of the designation of any area as a health professional shortage area after the beginning of the mandatory service period for any taxpayer shall not constitute a recapture event. ``(C) Secretarial waiver.--The Secretary, in consultation with the Secretary of Health and Human Services, may waive any recapture event caused by extraordinary circumstances. ``(4) No credits against tax; minimum tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part or for purposes of section 55.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Primary health services providers.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

TABLE OF CONTENTS: Title I: Provisions Relating to Public Health Service Act Title II: Provisions Relating to Medicare Title III: Tax Incentives for Health Services Providers Rural America Health Care Improvement Act - Title I: Provisions Relating to Public Health Service Act - Amends the Public Health Service Act to authorize appropriations for FY 1996 through FY 1998. Requires allocations from such amounts in order to ensure that 20 percent of the participants in the Scholarship and Loan Repayment Program are being educated as specified nonphysician health professionals. Authorizes the Secretary to make grants to public and nonprofit private entities for carrying out projects to develop health plans to provide services exclusively in rural and frontier areas. Sets forth requirements for those requesting grant assistance. Authorizes appropriations. Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private hospitals in medically underserved rural communities for the purpose of carrying out projects to develop or increase the capacity of the hospitals and facilities to provide primary health services. Authorizes appropriations. Authorizes appropriations for training of rural health professionals other than physicians. Title II: Provisions Relating to Medicare - Amends title XVIII (Medicare) of the Social Security Act to increase the amount of payment to primary care service providers in underserved areas. Title III: Tax Incentives for Health Services Providers - Amends the Internal Revenue Code to allow a tax credit for certain primary health services providers in health professional shortage areas who have not received a National Health Service Corps scholarship or loan.

Rural America Health Care Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Price Support Elimination Act of 1993''. SEC. 2. ELIMINATION OF TOBACCO PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS. (a) Price Support Program.-- (1) Parity price support.--Section 101 of the Agricultural Act of 1949 (7 U.S.C. 1441) is amended-- (A) in the first sentence of subsection (a), by striking ``tobacco (except as otherwise provided herein), corn,'' and inserting ``corn''; (B) by striking subsections (c), (g), (h), and (i); (C) in subsection (d)(3)-- (i) by striking ``, except tobacco,''; and (ii) by striking ``and no price support shall be made available for any crop of tobacco for which marketing quotas have been disapproved by producers;''; and (D) by redesignating subsection (d) as subsection (c). (2) No net cost provisions.--Sections 106, 106A, and 106B of such Act (7 U.S.C. 1445, 1445-1, and 1445-2) are repealed. (3) Definition of basic agricultural commodity.--Section 408(c) of such Act (7 U.S.C. 1428(c)) is amended by striking ``tobacco,''. (4) Review of burley tobacco imports.--Section 3 of Public Law 98-59 (7 U.S.C. 625) is repealed. (5) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting after ``agricultural commodities'' the following: ``(other than tobacco)''. (b) Acreage Allotments and Marketing Quotas.-- (1) Declaration of policy.--Section 2 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1282) is amended by striking ``tobacco,''. (2) Definitions.--Section 301(b) of such Act (7 U.S.C. 1301(b)) is amended-- (A) in paragraph (3)-- (i) by striking subparagraph (C); and (ii) by redesignating subparagraph (D) as subparagraph (C); (B) in paragraph (6)(A), by striking ``tobacco,''; (C) in paragraph (7), by striking the following: ``Tobacco (flue-cured), July 1-June 30; ``Tobacco (other than flue-cured), October 1- September 30;''; (D) in paragraph (10)-- (i) by striking subparagraph (B); and (ii) by redesignating subparagraph (C) as subparagraph (B); (E) in paragraph (11)(B), by striking ``and tobacco''; (F) in paragraph (12), by striking ``tobacco,''; (G) in paragraph (14)-- (i) by striking ``(A)''; and (ii) by striking subparagraphs (B), (C), and (D); (H) by striking paragraph (15); (I) in paragraph (16)-- (i) by striking subparagraph (B); and (ii) by redesignating subparagraph (C) as subparagraph (B); and (J) by redesignating paragraphs (16) and (17) as paragraphs (15) and (16), respectively. (3) Parity payments.--Section 303 of such Act (7 U.S.C. 1303) is amended by striking ``rice, or tobacco,'' and inserting ``or rice,''. (4) Marketing quotas.--Part I of subtitle B of title III of such Act (7 U.S.C. 1311 et seq.) is repealed. (5) Administrative provisions.--Section 361 of such Act (7 U.S.C. 1361) is amended by striking ``tobacco,''. (6) Adjustment of quotas.--Section 371 of such Act (7 U.S.C. 1371) is amended-- (A) in subsection (a), by striking ``peanuts, or tobacco'' and inserting ``or peanuts''; and (B) in subsection (b), by striking ``peanuts or tobacco'' and inserting ``or peanuts''. (7) Reports and records.--Section 373 of such Act (7 U.S.C. 1373) is amended-- (A) by striking ``peanuts, or tobacco'' each place it appears in subsections (a) and (b) and inserting ``or peanuts''; and (B) in subsection (a)-- (i) in the first sentence, by striking ``all persons engaged in the business of redrying, prizing, or stemming tobacco for producers,''; and (ii) in the last sentence, by striking ``$500;'' and all that follows through the period at the end of the sentence and inserting ``$500.''. (8) Regulations.--Section 375(a) of such Act (7 U.S.C. 1375(a)) is amended by striking ``peanuts, or tobacco'' and inserting ``or peanuts''. (9) Eminent domain.--Section 378 of such Act (7 U.S.C. 1378) is amended-- (A) in the first sentence of subsection (c), by striking ``cotton, tobacco, and peanuts'' and inserting ``cotton and peanuts''; and (B) by striking subsections (d), (e), and (f). (10) Burley tobacco farm reconstitution.--Section 379 of such Act (7 U.S.C. 1379) is amended-- (A) in subsection (a)-- (i) by striking ``(a)''; and (ii) in paragraph (6), by striking ``, but this clause (6) shall not be applicable in the case of burley tobacco''; and (B) by striking subsections (b) and (c). (11) Acreage-poundage quotas.--Section 4 of the Act entitled ``An Act to amend the Agricultural Adjustment Act of 1938, as amended, to provide for acreage-poundage marketing quotas for tobacco, to amend the tobacco price support provisions of the Agricultural Act of 1949, as amended, and for other purposes'', approved April 16, 1965 (7 U.S.C. 1314c note), is repealed. (12) Burley tobacco acreage allotments.--The Act entitled ``An Act relating to burley tobacco farm acreage allotments under the Agricultural Adjustment Act of 1938, as amended'', approved July 12, 1952 (7 U.S.C. 1315), is repealed. (13) Transfer of allotments.--Section 703 of the Food and Agriculture Act of 1965 (7 U.S.C. 1316) is repealed. (14) Advance recourse loans.--Section 13(a)(2)(B) of the Food Security Improvements Act of 1986 (7 U.S.C. 1433c- 1(a)(2)(B)) is amended by striking ``tobacco and''. (15) Tobacco field measurement.--Section 1112 of the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203) is amended by striking subsection (c). (c) Transition Provisions.-- (1) Liability.--The amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of the amendments in accordance with section 5(a). (2) Tobacco Stocks and Loans.--The Secretary of Agriculture shall issue regulations that require-- (A) the orderly disposition of tobacco stocks; and (B) the repayment of all tobacco price support loans outstanding on the date of enactment of this Act by not later than 1 year after the effective date of this Act. SEC. 3. ELIMINATION OF FEDERAL CROP INSURANCE FOR TOBACCO. (a) In General.--Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518) is amended by striking ``tobacco,''. (b) Conforming Amendment.--The third sentence of section 508(a) of such Act (7 U.S.C. 1508(a)) is amended by striking ``Except in the case of tobacco, insurance'' and inserting ``Insurance''. SEC. 4. PROHIBITION ON RESEARCH, EXTENSION, OR ANALYSIS OF TOBACCO PRODUCTION OR MARKETING. Section 1405 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121) is amended-- (1) by striking ``responsibilities'' and all that follows through ``Sec. 1405. The'' and inserting the following: ``SEC. 1405. RESPONSIBILITIES OF THE SECRETARY AND DEPARTMENT OF AGRICULTURE. ``(a) In General.--The''; and (2) by adding at the end the following new subsection: ``(b) Prohibition on Tobacco Research, Extension, and Analysis.-- Notwithstanding any other provision of law, no funds made available to the Department of Agriculture or an administrative unit of the Department may be used to conduct research, extension, or analysis related to the production or marketing of tobacco.''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall apply beginning with the marketing year that begins after the date of enactment of this Act. (b) Tobacco Research, Extension, and Analysis.--The amendments made by section 4 shall become effective on the date of enactment of this Act.

Tobacco Price Support Elimination Act of 1993 - Amends specified agricultural Acts to eliminate price supports and other production and marketing assistance for tobacco.

Tobacco Price Support Elimination Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Access to Clinic Entrances Act of 1994''. SEC. 2. PURPOSE. Pursuant to the affirmative power of Congress to enact this legislation under section 8 of article I of the Constitution, as well as under section 5 of the fourteenth amendment to the Constitution, it is the purpose of this Act to protect and promote the public safety and health and activities affecting interstate commerce by establishing Federal criminal penalties and civil remedies for certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate or interfere with persons seeking to obtain or provide reproductive health services. SEC. 3. FREEDOM OF ACCESS TO CLINIC ENTRANCES. Chapter 13 of title 18, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 248 Freedom of Access to Clinic Entrances. ``(a) Prohibited Activities._Whoever_ ``(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; ``(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or ``(3) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship, shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor. ``(b) Penalties._Whoever violates this section shall_ ``(1) in the case of a first offense, be fined in accordance with this title, or imprisoned not more than one year, or both; and ``(2) in the case of a second or subsequent offense after a prior conviction under this section, be fined in accordance with this title, or imprisoned not more than 3 years, or both; except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life. ``(c) Civil Remedies._ ``(1) Right of action._ ``(A) In general._Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship. ``(B) Relief._In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. ``(2) Action by attorney general of the united states._ ``(A) In general._If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court. ``(B) Relief._In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent_ ``(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and ``(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation. ``(3) Actions by state attorneys general._ ``(A) In general._If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court. ``(B) Relief._In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages, and civil penalties as described in paragraph (2)(B). ``(d) Rules of Construction._Nothing in this section shall be construed_ ``(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; ``(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; ``(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this section, or to preempt State or local laws that may provide such penalties or remedies; or ``(4) to interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services. ``(e) Definitions._As used in this section: ``(1) Facility._The term `facility' includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located. ``(2) Interfere with._The term `interfere with' means to restrict a person's freedom of movement. ``(3) Intimidate._The term `intimidate' means to place a person in reasonable apprehension of bodily harm to him- or herself or to another. ``(4) Physical obstruction._The term `physical obstruction' means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous. ``(5) Reproductive health services._The term `reproductive health services' means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. ``(6) State._The term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. SEC. 4. CLERICAL AMENDMENT. The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item: ``248. Blocking access to reproductive health services.''. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected thereby. SEC. 6. EFFECTIVE DATE. This Act takes effect on the date of the enactment of this Act, and shall apply only with respect to conduct occurring on or after such date. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Freedom of Access to Clinic Entrances Act of 1994 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services; (2) intentionally injuring, intimidating, or interfering with, or attempting to injure, intimidate, or interfere, any person by force, threat of force, or physical obstruction exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) intentionally damaging or destroying the property of a facility, or attempting to do so, because such facility provides reproductive health services, or intentionally damaging or destroying the property of a place of religious worship. Sets maximum dollar amounts of fines (including for exclusively nonviolent physical obstruction) and maximum imprisonment terms. Includes in the available civil remedies injunctive relief, compensatory and punitive damages, and costs. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that nothing in this Act shall be construed to: (1) prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution; (2) create new remedies for interference with activities protected by free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; (3) provide exclusive criminal penalties or civil remedies with respect to conduct prohibited by this Act, or to preempt State or local laws that may provide such penalties or remedies; or (4) interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services.

Freedom of Access to Clinic Entrances Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Travel Tax Relief Act of 2009''. SEC. 2. DEDUCTION FOR TRAVEL EXPENSES OF VETERANS FOR HEALTH CARE FROM MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Part VII of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225, and by inserting after section 223 the following new section: ``SEC. 224. TRAVEL EXPENSES OF VETERANS FOR HEALTH CARE AT MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction the qualified travel expenses for the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed $400. ``(2) Limitation based on adjusted gross income.--The amount allowable as a deduction under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(3) Adjustments for inflation.--In the case of a taxable year beginning after 2009, each of the dollar amounts in paragraph (2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2008' 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. ``(c) Qualified Travel Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified travel expenses' means amounts paid for travel expenses of a veteran and a family member of the veteran to a medical center of the Department of Veterans Affairs for-- ``(A) treatment relating to a service-connected disability, or ``(B) examination conducted by the Secretary of Veterans Affairs relating to a claim for disability compensation or pension under the laws administered by the Secretary of Veterans Affairs. ``(2) Reimbursements by department of veterans affairs.-- The term `qualified travel expenses' does not include any travel expense which is reimbursed by the Department of Veterans Affairs or any other insurance plan. ``(3) Limitation.--Travel expenses incurred by a veteran shall not be taken into account under paragraph (1) unless-- ``(A) the principal place of abode of the veteran is more than 25 miles from the medical center in which the treatment is provided or examination conducted, and ``(B) such medical center is the nearest medical center of the Department of Veterans Affairs to such place of abode. ``(4) Travel expenses.--The term `travel expenses' includes transportation, food, and lodging. ``(d) Other Definitions.--For purposes of this section-- ``(1) Veteran.--The term `veteran' has the meaning given such term by section 101(2) of title 38, United States Code. ``(2) Service-connected disability.--The term `service- connected disability' has the meaning given such term under section 101(13) of such Code. ``(3) Family member.--The members of an individual's family shall be determined under section 4946(d); except that such members also shall include the brothers and sisters (whether by the whole or half blood) of the individual and their spouses.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting before the last sentence the following new paragraph: ``(22) Travel expenses of veterans for health care at medical centers of the department of veterans affairs.--The deduction allowed by section 224.''. (c) Clerical Amendments.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: ``Sec. 224. Travel expenses of veterans for health care at medical centers of the Department of Veterans Affairs. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Veterans Travel Tax Relief Act of 2009 - Amends the Internal Revenue Code to allow veterans a deduction from gross income for their travel expenses, including those of a family member, to a Department of Veterans Affairs medical center for treatment related to a service-connected disability or for an examination related to a claim for disability compensation or a pension.

To amend the Internal Revenue Code of 1986 to provide for a deduction for travel expenses to medical centers of the Department of Veterans Affairs in connection with examinations or treatments relating to service-connected disabilities.

SECTION 1. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS. (a) Definitions.--In this section: (1) Apalachicola-Chattahoochee-Flint projects.--The term ``Apalachicola-Chattahoochee-Flint projects'' means the Federal water resources projects for the Apalachicola, Chattahoochee, and Flint Rivers in the States of Alabama, Florida, and Georgia authorized by section 2 of the Act of March 2, 1945 (59 Stat. 17, chapter 19), the first section of the Act of July 24, 1946 (60 Stat. 635, chapter 595), and section 203 of the Flood Control Act of 1962 (Public Law 87-874; 76 Stat. 1182), including-- (A) Buford Dam and Reservoir; (B) West Point Dam and Reservoir; (C) George W. Andrews Dam and Reservoir; (D) Walter F. George Dam and Reservoir; and (E) Jim Woodruff Dam and Reservoir. (2) Freshwater flows.--The term ``freshwater flows'' means the quality, quantity, timing, and variability of freshwater flows required-- (A) to support and reestablish-- (i) the physical, chemical, biological, and overall ecological integrity of the components, functions, and natural processes required for a thriving and resilient Chattahoochee River, Apalachicola River, Apalachicola River floodplain, and Apalachicola Bay; (ii) commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, including the Gulf of Mexico; and (iii) thriving and diverse fish, wildlife, and plant populations with species composition, diversity, adaptability, and functional organization similar to those found in the Chattahoochee River and Apalachicola River ecosystems prior to the construction of the Apalachicola-Chattahoochee-Flint projects; (B) to restore and recover species that are-- (i) endangered; (ii) threatened; or (iii) at risk; and (C) to prevent significantly harmful adverse impacts to the Chattahoochee River and Apalachicola River ecosystems. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. (b) Project Modification.--Notwithstanding any authorized purpose of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall operate the Apalachicola-Chattahoochee-Flint projects in a manner that ensures the maintenance of freshwater flows. (c) Freshwater Flows Study.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the Administrator of the National Oceanic and Atmospheric Administration under which the Administrator shall conduct a study that-- (A) evaluates existing studies, assessments, and data related to freshwater flows; and (B) provides recommendations on how to maintain freshwater flows. (2) Completion date.--The study referred to in paragraph (1) shall be completed by not later than 1 year after the date of enactment of this Act. (d) Revision of Water Control Manuals.-- (1) In general.--The Secretary-- (A) shall not issue a final water control manual based on the final environmental impact statement of the Secretary entitled ``Update of the Water Control Manual for the Apalachicola-Chattahoochee-Flint River Basin in Alabama, Florida, and Georgia and a Water Supply Storage Assessment'' and dated December 2016; and (B) not later than 2 years after the date of enactment of this Act, shall issue revised water control manuals for Apalachicola-Chattahoochee-Flint projects that ensure the maintenance of freshwater flows, considering the findings of the study under subsection (c)(1), as appropriate. (2) Operational modifications.--In carrying out paragraph (1), the Secretary shall ensure that operational modifications needed to maintain freshwater flows are achieved, to the maximum extent practicable, while providing system-wide balance in conservation storage through the maintenance of water levels in the same action zone for each of the Apalachicola- Chattahoochee-Flint project reservoirs. (3) Independent peer review of water control manuals.-- (A) In general.--The Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall carry out an independent peer review of each revised water control manual, as required under section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343). (B) Compliance.--Each independent peer review carried out under this paragraph shall comply with section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343). (4) Final approval.--Before a final water control manual may be issued, the Secretary shall obtain written approval of each water control manual developed under this subsection from-- (A) the Administrator of the Environmental Protection Agency; (B) the Director of the United States Fish and Wildlife Service; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the United States Geological Survey. (e) Applicability of Other Federal and State Laws.--Except as provided in subsection (b), nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to the Apalachicola-Chattahoochee- Flint projects. (f) Project Clarification.--Notwithstanding any other provision of law, the project purpose of ``fish and wildlife conservation'' for the Apalachicola-Chattahoochee-Flint projects means protecting and restoring thriving and diverse populations of the full range of native fish and wildlife species that use the Apalachicola River and floodplain and the Chattahoochee River and floodplain, including through actions such as restoring the functions of natural systems and mimicking the timing, amount, and variability of natural flows.

This bill directs the U.S. Army Corps of Engineers to operate the federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in Alabama, Florida, and Georgia in a manner that ensures the maintenance of freshwater flows. The term "freshwater flows" is defined as the quality, quantity, timing, and variability of freshwater flows required to: (1) support and reestablish the ecological integrity of the rivers, commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, and thriving and diverse fish, wildlife, and plant populations similar to those found prior to construction of the projects; (2) restore and recover species that are endangered, threatened, or at risk; and (3) prevent significantly harmful adverse impacts to the Chattahoochee and Apalachicola River ecosystems. The Corps of Engineers must enter into an arrangement for the National Oceanic and Atmospheric Administration (NOAA) to conduct a study that evaluates existing data related to freshwater flows and provides recommendations on how to maintain such flows. The Corps shall not issue a final water control manual based on the final environmental impact statement titled "Update of the Water Control Manual for the Apalachicola-Chattahoochee-Flint River Basin in Alabama, Florida, and Georgia and a Water Supply Storage Assessment," dated December 2016, but shall: (1) issue revised water control manuals for such projects that ensure the maintenance of freshwater flows, considering the findings of NOAA's study; (2) ensure that operational modifications needed to maintain freshwater flows are achieved while providing system-wide balance in conservation storage through the maintenance of water levels in the same action zone for each of the project reservoirs; (3) enter into an arrangement for the National Academy of Sciences to carry out an independent peer review of each revised manual; and (4) obtain written approval from the Environmental Protection Agency, the U.S. Fish and Wildlife Service, NOAA, and the U.S. Geological Survey of each manual developed before a final manual may be issued.

A bill to direct the Secretary of the Army to provide for modification of certain Federal water resources development projects on the Apalachicola, Chattahoochee, and Flint Rivers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008'' or the ``SAFE AIR Act of 2008''. SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102(a) of title 49, United States Code. (3) Air transportation.--The term ``air transportation'' has the meaning given that term in such section 40102(a). (4) Aircraft.--The term ``aircraft'' has the meaning given that term in such section 40102(a). (5) Covered maintenance work.--The term ``covered maintenance work'' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. (6) Part 121 air carrier.--The term ``part 121 air carrier'' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation). (7) Part 145 repair station.--The term ``part 145 repair station'' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation). (8) United states commercial aircraft.--The term ``United States commercial aircraft'' means an aircraft registered in the United States and owned or leased by a commercial air carrier. (b) Regulation of Repair Stations for Safety.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 44730. REPAIR STATIONS. ``(a) Definitions.--In this section: ``(1) Covered maintenance work.--The term `covered maintenance work' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. ``(2) Part 121 air carrier.--The term `part 121 air carrier' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation). ``(3) Part 145 repair station.--The term `part 145 repair station' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation). ``(4) United states commercial aircraft.--The term `United States commercial aircraft' means an aircraft registered in the United States and owned or leased by a commercial air carrier. ``(b) Requirements for Maintenance Personnel Providing Covered Maintenance Work.--Not later than 3 years after the date of the enactment of this section, the Administrator shall prescribe regulations requiring all covered maintenance work on United States commercial aircraft to be performed by maintenance personnel employed by-- ``(1) a part 145 repair station; ``(2) a part 121 air carrier; or ``(3) a person that provides contract maintenance personnel to a part 145 repair station or a part 121 air carrier, if such personnel-- ``(A) meet the requirements of such repair station or air carrier, as the case may be; ``(B) work under the direct supervision and control of such repair station or air carrier, as the case may be; and ``(C) carry out their work in accordance with the quality control manuals of such repair station or the maintenance manual of such air carrier, as the case may be. ``(c) Certification of Inspection of Foreign Repair Stations.--Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that-- ``(1) each certified foreign repair station that performs maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration; and ``(2) not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at such repair station without any advance notice to such foreign repair station. ``(d) Drug and Alcohol Testing of Foreign Repair Station Personnel.--Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.''. (2) Temporary program of identification and oversight of noncertified repair facilities.-- (A) Develop plan.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a plan for a program-- (i) to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft used by such part 121 air carriers to provide air transportation; (ii) to validate lists described in clause (i) that are submitted by a part 121 air carrier to the Administrator by sampling the records of part 121 air carriers, such as maintenance activity reports and general vendor listings; and (iii) to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft for part 121 air carriers. (B) Report on plan for program.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by subparagraph (A). (C) Implementation of planned program.--Not later than 1 year after the date of the enactment of this Act and until regulations are prescribed under section 44730(b) of title 49, United States Code, as added by paragraph (1), the Administrator shall carry out the plan required by subparagraph (A). (D) Annual report on implementation.--Not later than 180 days after the commencement of the plan under subparagraph (C) and each year thereafter until the regulations described in such subparagraph are prescribed, the Administrator shall submit to Congress a report on the implementation of the plan carried out under such subparagraph. (3) Clerical amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44730. Repairs stations.''. (c) Regulation of Foreign Repair Stations for Security.--Section 44924 of title 49, United States Code, is amended by adding at the end the following: ``(h) Compliance of Foreign Repair Stations With Security Regulations.-- ``(1) Prohibition on certification of foreign repair stations that do not comply with security regulations.--The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless such foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f). ``(2) Notification to air carriers of noncompliance by foreign repair stations.--If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to such foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection (f), the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.''. (d) Update of Foreign Repair Fee Schedule.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of such certification services, including-- (A) the costs of all related inspection services; (B) all travel expenses, salary, and employment benefits of inspectors who provide such services; and (C) any increased costs to the Administration resulting from requirements of this section. (2) Updates.--The Administrator shall periodically revise such methodology to account for subsequent changes in such costs to the Administration. (e) Annual Report by Inspector General.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of-- (1) section 44730 of title 49, United States Code, as added by subsection (b)(1) of this section; (2) subsection (b)(2) of this section; (3) subsection (h) of section 44924 of such title, as added by subsection (c) of this section; (4) subsection (d) of this section; and (5) the regulations prescribed or amended under the provisions described in this subsection.

Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008 or the SAFE AIR Act of 2008 - Requires the Administrator of the Federal Aviation Administration (FAA) to: (1) prescribe regulations requiring maintenance work on passenger aircraft to be performed by certain authorized individuals; (2) certify to Congress that the FAA has inspected each foreign repair station that has performed work on U.S. air carrier aircraft or components at least twice in the preceding year and tested persons who perform safety-sensitive functions at such stations for use of alcohol or controlled substances; and (3) develop a plan to identify all noncertified maintenance providers that have performed maintenance work on such aircraft. Prohibits the Administrator from certifying a foreign repair station unless it complies with certain final security regulations.

A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.

SECTION 1. ESTABLISHMENT OF WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM. (a) In General.--Part B of title III of the Job Training Partnership Act (29 U.S.C. 1662 et seq.) is amended by adding at the end the following new section: ``SEC. 327. WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM. ``(a) Findings and Purposes.-- ``(1) Findings.--The Congress finds that-- ``(A) the changing nature of the workforce in the United States is forcing more and more workers to obtain skills upgrading to keep pace; ``(B) employees who receive formal skills upgrading enjoy earning advantages of 25 percent or more over those with no such upgrading; ``(C) the return on investment from formal training through increased productivity is equivalent to 3 times the cost of such training; ``(D) approximately 40 percent of business executives say they cannot modernize their equipment due to worker skill deficiencies; ``(E) companies cite the lack of funds as a major reason for failure to establish and carry out workforce skills upgrading programs; ``(F) although the training of the workforce in the United States is a national concern of utmost importance, limited resources at the Federal level make it infeasible to effectively and efficiently address this concern alone; and ``(G) States, employers, and representatives of employees need to share the responsibility in providing skills upgrading for employees. ``(2) Purposes.--The purposes of this section are-- ``(A) to encourage industry-based investment in human resource development that promotes the competitiveness of the Nation's industries through productivity and product quality enhancement; ``(B) to ensure secure jobs for those who successfully complete skills upgrading; and ``(C) to supplement, and not supplant, funds available through existing skills upgrading programs conducted by employers, employee representatives, and the government; and ``(D) to establish programs which will not replace, parallel, supplant, compete with, or duplicate in any way existing skills upgrading programs. ``(b) Authorization.-- ``(1) In general.--From amounts reserved under section 302(a)(2) for any fiscal year, the Secretary may use not less than 5 percent, but not more than 10 percent, of such amounts to provide grants to States to provide loans to eligible entities described in paragraph (2) to assist such entities in providing skills upgrading for non-managerial employees. ``(2) Eligible entities.--An eligible entity described in this paragraph is-- ``(A) an employer; ``(B) a representative of employees; ``(C) a business association; ``(D) a trade organization; or ``(E) a consortium consisting of-- ``(i) more than 1 of the entities described in subparagraphs (A) through (D); or ``(ii) an institution of higher education (as such term is defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088) which continues to meet the eligibility and certification requirements under section 498 of such Act) and 1 or more of the entities described in subparagraphs (A) through (D). ``(c) Application.--The Secretary may provide a grant to a State under subsection (b) only if such State submits to the Secretary an application which contains such information as the Secretary may reasonably require. ``(d) Priority.--In providing grants under subsection (b), the Secretary shall give priority to States that have demonstrated the ability to expeditiously establish and carry out loan guarantee programs described in subsection (f). ``(e) Limitations.-- ``(1) Maximum annual grant amount.--The amount of a grant provided to a State under subsection (b) for any fiscal year shall not exceed $2,000,000. ``(2) Maximum total grant amount.--The total amount of grants provided to a State under subsection (b) shall not exceed $5,000,000. ``(f) Use of Amounts.--A State shall use amounts received from a grant under subsection (b) to establish a loan guarantee program to assist eligible entities described in subsection (b)(2) to provide skills upgrading for non-managerial employees. In carrying out such program, the State shall meet the following requirements: ``(1) Establishment of reserve fund for loan guarantees.-- The State shall establish a reserve fund from amounts received from such grant for the purpose of making commitments to guarantee the payment of principal and interest on loans made by financial institutions to such eligible entities to provide skills upgrading for non-managerial employees. ``(2) Criteria for loan guarantees.--The State, in conjunction with appropriate financial institutions, shall establish and publish criteria for providing loan guarantees to eligible entities under the program, including criteria that provides for the following: ``(A) A loan guarantee may be issued under the program only if, at the time such guarantee is issued the eligible entity agrees to pay as an insurance premium an amount equal to 1 percent of the principal received by such entity under the loan to the State's reserve fund. ``(B)(i) Subject to clause (ii), the eligible entity will use amounts received from the loan to provide skills upgrading for mid- and lower- level employees, which may include (but is not limited to)-- ``(I) training in total quality management, statistical process control, production techniques, office automation, materials resource planning; and ``(II) training to improve basic skills, including reading, writing, and arithmatic. ``(ii) In providing such skills upgrading, the eligible entity shall give priority to non-managerial employees who-- ``(I) directly produce or deliver goods or services; or ``(II) are in danger of being terminated or laid off as a result of modernization in the workplace, corporate downsizing, foreign or domestic competition, or Federal policies adversely affecting 1 or more industries. ``(C) Amounts from a loan shall not be used to pay the wages or other benefits of any employee receiving assistance under the program. ``(3) Payment by state to financial institutions in cases of default.-- ``(A) In general.--In accordance with criteria developed by the Secretary, the State shall make payments from the State's reserve fund to financial institutions that have provided loans to eligible entities that have defaulted on such loans for the purpose of reimbursing such institutions for the amount of principal and interest remaining unpaid to the institutions by reason of such default. ``(B) No full faith and credit of the united states.--Loans provided by financial institutions to eligible entities under loan guarantee programs under this section shall not be obligations of, or guaranteed in any respect by, the United States. ``(4) Limitations on loan guarantees.--The authority of a State to extend loan guarantees under this section shall not at any time exceed an amount equal to 1,000 percent of the aggregate principal amount in the State's reserve fund. ``(5) Interest from amounts in reserve fund.--Any interest earned from amounts in the State's reserve fund shall be credited to such fund. ``(g) Additional Amounts.--In addition to amounts received from a grant under subsection (b), the Governor of a State may use not more than 5 percent of the amount reserved under section 302(c) for a fiscal year to establish and carry out the loan guarantee program under subsection (f). ``(h) Federal and State Share.-- ``(1) Federal share.--The Federal share under this section may not exceed 50 percent of the total cost of the program established under subsection (f) for any fiscal year. ``(2) State share.-- ``(A) In general.--Except as provided in subparagraph (B), the State share shall be provided from non-Federal sources and may be in cash or in-kind, fairly evaluated. ``(B) Exception.--The State share may include amounts reserved in accordance with subsection (g).''. (b) Conforming Amendments.-- (1) Reservation of amounts.--Paragraph (1) of section 302(c) of the Job Training Partnership Act (29 U.S.C. 1652(c)(1)) is amended-- (A) in subparagraph (D), by striking ``program system; and'' and inserting ``program system;''; (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) establishing and carrying out the loan guarantee program under section 327(f).''. (2) Table of contents.--The table of contents of such Act is amended by inserting after the item relating to section 326 the following new item: ``Sec. 327. Workforce skills and development loan program.''. SEC. 2. INFORMATION RELATING TO SKILLS UPGRADING ACTIVITIES FOR CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK. Section 453(b)(2) of the Job Training Partnership Act (29 U.S.C. 1733(b)(2)) is amended-- (1) in subparagraph (C)(ii)(V), by striking the period at the end of such subparagraph and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(D)(i) collect and disseminate information-- ``(I) on successful programs to upgrade the skills of workers carried out pursuant to section 327; ``(II) on research and evaluation conducted concerning such programs; and ``(III) that will assist employers, representatives of employees, business associations, trade organizations, and consortia consisting of more than 1 of the preceding entities in designing and implementing the most effective skills upgrading methods available today; and ``(ii) facilitate communication and the exchange of information and ideas among States and the entities described in clause (i)(III) carrying out such skills upgrading pursuant to section 327.''. SEC. 3. AMENDMENT TO HIGHER EDUCATION ACT OF 1965. Section 439(d)(1) of the Higher Education Act of 1965 is amended by adding at the end the following new sentence: ``For purposes of this section, loans made pursuant to section 327 of the Job Training Partnership Act may be considered to be student loans which are not insured or guaranteed as provided for in this subsection.''.

Amends the Job Training Partnership Act to establish a workforce skills and development loan program. Directs the Secretary of Labor to use certain amounts to make grants to States to establish reserve funds to guarantee loans to employers, employee representatives, and other eligible entities to provide skills upgrading for non-managerial employees. Gives grant priority to States with demonstrated ability to expeditiously establish and carry out such loan programs. Requires the capacity building and information and dissemination network to include information relating to such skills upgrading activities.

To amend the Job Training Partnership Act to establish a workforce skills and development loan program to provide grants to States to guarantee loans made to employers, representatives of employees, and other entities to provide skills upgrading for non-managerial employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Shipping and Fisheries Enhancement Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) San Francisco Bay is a vital environmental, industrial, and recreational resource to the San Francisco Bay area and to the Nation. (2) Over 800 tank vessels enter San Francisco Bay each year, carrying hundreds of millions of gallons of oil and other hazardous substances. (3) The small oil spill of October 28, 1996, showed that even small oil spills in San Francisco Bay are both costly to mitigate and harmful to the environment, including fish, mammals, and birds. (4) Because of the bathymetry of San Francisco Bay, the Coast Guard has been unable to make needed improvements in the routing of tankers and other deep draft vessels. (5) The presence of multiple underwater hazards less than 40 feet below the surface and in close proximity to shipping lanes, combined with increased traffic of tankers with drafts in excess of 45 feet, significantly increase the likelihood of collisions or groundings that would result in the release of substantial amounts of oil or other hazardous substances, severely damaging both the economy and the environment of the San Francisco Bay area. (6) Removing hazards to navigation to allow greater separation of vessels carrying oil or other hazardous substances is a simple and economical step that can be taken to reduce substantially the risk of oil pollution, improve the safety of navigation, and reduce threats to the fish, wildlife, and environment of San Francisco Bay. SEC. 3. NAVIGATIONAL IMPROVEMENTS. (a) In General.--The Secretary of the Army shall develop and carry out in accordance with this section a navigation project in San Francisco Bay, California, to remove underwater hazards to navigation in the vicinity of Alcatraz Island. (b) Rerouting of Vessel Traffic.--In consultation with the Commandant of the Coast Guard, the Secretary shall design the navigation project under this section to facilitate the rerouting of vessel traffic in San Francisco Bay to minimize the risk of an oil or hazardous substance spill resulting from collisions between vessels or with an underwater hazard. (c) Minimization of Impact.--In developing and carrying out the navigation project under this section, the Secretary shall minimize, to the maximum extent practicable, impacts on the environment and on commercial and recreational fisheries. (d) Plan.-- (1) General requirement.--In consultation with appropriate Federal, State, and local government agencies and in accordance with applicable Federal and State environmental laws, the Secretary shall develop a plan for implementation of the navigation project under this section. (2) Contents.--The plan shall include initial design and engineering, underwater hazard removal, and, if needed, environmental mitigation. (3) Target dates.-- (A) Feasibility study.--The first phase of the plan shall be completed within 2 years of the date of the enactment of this Act and shall consist of a feasibility study for the project described in subsection (a). The feasibility study shall include scoping, development of alternative designs for the project, cost-benefit analysis, and selection of final project design. In conducting the cost-benefit analysis and selecting a final project design, the Secretary shall consider the economic and environmental benefits of oil spill aversion reasonably to be expected from the completion of the project. (B) Implementation.--The second phase of the plan shall be completed not later than 4 years after the date of the enactment of this Act and shall consist of underwater hazard removal, transportation, and disposal of the removed material in accordance with the final project design. (C) Mitigation and monitoring.--The final phase of the plan shall consist of any mitigation needed due to environmental impacts, and environmental monitoring of removal, disposal, and mitigation sites (if different from the disposal site or sites), shall commence as soon as is practicable after the completion of the implementation phase and shall continue for not less than 5 years thereafter. (e) Non-Federal Participation.-- (1) Feasibility study.--The non-Federal share of the cost of the feasibility study under this section shall be 50 percent. (2) Implementation.--The non-Federal share of the cost of implementation of the project under this section shall be 25 percent. (f) Reports to Congress.--Not later than the last day of each of the time periods referred to in subsection (d)(3), the Secretary shall report to Congress on the progress being made toward development and implementation of the project under this section. SEC. 4. MODIFICATION OF NAVIGATION LANES. The Commandant of the Coast Guard shall modify navigation lanes and reroute vessel traffic after the completion of the second phase of the navigation project under section 3 to improve the safety and efficiency of vessel traffic in San Francisco Bay, California. In carrying out this section, the Commandant shall develop a vessel routing program that minimizes the risk of an oil or hazardous substance spill in San Francisco Bay. SEC. 5. OIL SPILL RISK ASSESSMENT. (a) Survey.--In consultation with the Commandant of the Coast Guard, the Maritime Administrator shall ensure that operational vessels owned by, or vessels under contract to, the Maritime Administration are surveyed for risks for oil spills or other hazards to human health or the environment. (b) Standards and Procedures.--In surveying vessels under this section, the Commandant shall use the same standards and procedures as are used in inspecting similarly situated private vessels. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress and the Administrator of the Federal Maritime Administration a report describing any oil spill risks determined in the survey conducted under this section and making recommendations for corrective actions for such risks, including estimates of the costs of those actions. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For fiscal years beginning after September 30, 1999, there are authorized to be appropriated to the Secretary of the Army and the Commandant of the Coast Guard such sums as may be necessary to carry out their respective duties under this Act. Such sums shall remain available until expended.

San Francisco Bay Shipping and Fisheries Enhancement Act of 1999 - Requires: (1) the Secretary of the Army to carry out a navigation project in San Francisco Bay, California, to remove underwater hazards to navigation near Alcatraz Island; (2) the Commandant of the Coast Guard to modify navigation lanes and reroute vessel traffic after completion of the second phase of such project to improve safety and efficiency; and (3) the Maritime Administrator to ensure that operational vessels owned by, or operated under contract to, the Maritime Administration are surveyed for risks for oil spills or other hazards to human health or the environment. Authorizes appropriations.

San Francisco Bay Shipping and Fisheries Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bill Payment Grace Period Act of 2001''. SEC. 2. EXTENSION OF PERIOD FOR MAKING CERTAIN PAYMENTS DUE TO A NATIONAL EMERGENCY. (a) In General.--The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended by redesignating sections 813 through 818 in order as sections 814 through 819, and by inserting after section 812 the following: ``Sec. 813. Extension of period for making certain payments due to national emergency ``(a) The Secretary of the Treasury may designate a grace period under this section for the making of payments of debts by mail from or to any location within an area in which there occurs a disruption of the mail-- ``(1) in the period of a national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.); and ``(2) as a result of the circumstances that resulted in such declaration. ``(b) In designating a grace period under this section, the Secretary shall determine, in consultation with the Postmaster General, and specify-- ``(1) the geographic area in which occurred the disruption of the mail for which the grace period is designated; and ``(2) the period of time during which such disruption of the mail occurred. ``(c) A grace period under this section-- ``(1) shall be comprised of a period of consecutive days designated by the Secretary; ``(2) shall begin upon the first day of the period of the disruption of the mail for which it is designated, as such period is specified under subsection (b)(2); and ``(3) except as provided in subsection (d), shall end not later than 7 days after the end of such period of the disruption of the mail. ``(d) The Secretary-- ``(1) may designate a grace period under this section with respect each disruption of the mail occurring in the same national emergency period; ``(2) may extend the duration of a grace period under this section by up to 7 days, by publishing notice of such extension before the end of the grace period; and ``(3) may issue more than one extension under paragraph (2) for the same grace period. ``(e) A creditor or debt collector shall not-- ``(1) impose any late fee or additional financing fee in connection with an affected mail payment by a consumer that is received after its due date; ``(2) provide to a credit reporting agency (as that term is defined in section 603) any information with respect to such payment that is adverse to the interests of the consumer or would adversely affect the credit standing of the consumer; or ``(3) take any other action that is adverse to the interests of the consumer as a consequence of the failure of the consumer to make such payment in a timely manner. ``(f) This section shall not apply to any payment by mail made by a consumer on a debt to a creditor if, before the disruption of the mail with respect to which a grace period is designated under this section-- ``(1) the creditor or its debt collector gave the consumer, by mail, telephone, or otherwise, notice regarding alternative payment options that are available to such consumer without any fee or other charge; and ``(2) the consumer, with or without fee or charge, agreed to use an alternative payment option, or actually made one or more payments using an alternative payment option, within the 6-month period preceding the due date of the payment made by mail. ``(g) For the purposes of this section, evidence in the form of business records indicating that notice regarding alternative payment options was given before the date required by subsection (f) shall establish a conclusive presumption that such notice had been received by the consumer by such date. ``(h) In this section: ``(1) The term `affected mail payment' means any payment by mail of the full amount due on a debt owed by a consumer-- ``(A) for which the due date occurs-- ``(i) in the period of a disruption of the mail with respect to which a grace period is designated under this section; or ``(ii) within seven calendar days following the end of such disruption of the mail; ``(B) that is sent from, or addressed to, a location that is within the area in which the disruption of the mail occurred, as such area is specified under subsection (b)(1) for that grace period; ``(C) that is postmarked by not later than the expiration of the grace period; and ``(D) that is less than $10,000. ``(2) The term `alternative payment option' means any electronic, Internet-based, telephone authorized, or other means of making a payment other than by mail. ``(3) The term `due date' means the first date upon which a creditor or its debt collector may impose a late fee or other penalty for a failure of a consumer to make a periodic payment that is due on a debt. ``(4) The term `disruption of the mail' means any disruption in the pick-up, processing, transportation, or delivery of the mail of the United States.''. (b) Conforming and Clerical Amendments.--The Fair Debt Collection Practices Act (15 U.S.C. 1601 et seq.) is further amended-- (1) in the table of sections preceding section 801 by striking the items relating to sections 813 through 818 and inserting the following: ``813. Extension of period for making certain payments due to national emergency. ``814. Civil liability. ``815. Administrative enforcement. ``816. Reports to Congress by the Commission. ``817. Relation to State laws. ``818. Exemption for State regulation. ``819. Effective date.''; (2) in section 812(b) by striking ``section 813'' and inserting ``section 814''; and (3) in section 816 (as redesignated by this Act) by striking ``section 814'' each place it appears and inserting ``section 815''.

Bill Payment Grace Period Act of 2001 - Amends the Fair Debt Collection Practices Act to prohibit creditors from taking action that is adverse to the interests of a consumer with respect to certain payments that are due in or shortly after the period of a disruption of the mail resulting from a national emergency.Authorizes the Secretary of the Treasury to designate (and extend up to seven additional days) a grace period for the making of debt payments by mail in such circumstances.

To amend the Fair Debt Collection Practices Act to prohibit creditors from taking action that is adverse to the interests of a consumer with respect to certain payments that are due in or shortly after the period of a disruption of the mail resulting from a national emergency declared under the National Emergencies Act.

SECTION 1. SIOUX NATION ECONOMIC DEVELOPMENT COUNCIL. Title IV of the Omnibus Indian Advancement Act (Public Law 106-568) is amended-- (1) in section 401-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) the establishment of a Native American Economic Development Council will assist in promoting economic growth and reducing poverty on reservations of the Sioux Nation by-- ``(A) coordinating economic development efforts; ``(B) centralizing expertise concerning Federal assistance; and ``(C) facilitating the raising of funds from private donations to meet matching requirements under certain Federal assistance programs.''; and (2) by adding at the end the following: ``Subtitle C--Sioux Nation Economic Development Council ``SEC. 431. ESTABLISHMENT OF SIOUX NATION ECONOMIC DEVELOPMENT COUNCIL. ``(a) Establishment.--There is established the Sioux Nation Economic Development Council (in this subtitle referred to as the `Council') as a part of the Wakpa Sica Reconciliation Place. The Council shall be a charitable and nonprofit corporation and shall not be considered to be an agency or establishment of the United States. ``(b) Purposes.--The purposes of the Council are-- ``(1) to encourage, accept, and administer private gifts of property; ``(2) to use those gifts as a source of matching funds necessary to receive Federal assistance; ``(3) to provide members of Indian tribes with the skills and resources necessary for establishing successful businesses; ``(4) to provide grants and loans to members of Indian tribes to establish or operate small businesses; ``(5) to provide scholarships for members of Indian tribes who are students pursuing an education in business or a business-related subject; and ``(6) to provide technical assistance to Indian tribes and members thereof in obtaining Federal assistance. ``SEC. 432. BOARD OF DIRECTORS OF THE COUNCIL. ``(a) Establishment and Membership.-- ``(1) In general.--The Council shall have a governing Board of Directors (in this subtitle referred to as the `Board'). ``(2) Membership.--The Board shall consist of 11 directors, who shall be appointed by the Secretary as follows: ``(A)(i) Nine members appointed under this paragraph shall represent the 9 reservations of South Dakota. ``(ii) Each member described in clause (i) shall-- ``(I) represent 1 of the reservations described in clause (i); and ``(II) be selected from among nominations submitted by the appropriate Indian tribe. ``(B) One member appointed under this paragraph shall be selected from nominations submitted by the Governor of South Dakota. ``(C) One member appointed under this paragraph shall be selected from nominations submitted by the most senior member of the South Dakota Congressional delegation. ``(3) Citizenship.--Each member of the Board shall be a citizen of the United States. ``(b) Appointments and Terms.-- ``(1) Appointment.--Not later than December 31, 2001, the Secretary shall appoint the directors of the Board under subsection (a)(2). ``(2) Terms.--Each director shall serve for a term of 2 years. ``(3) Vacancies.--A vacancy on the Board shall be filled not later than 60 days after that vacancy occurs, in the manner in which the original appointment was made. ``(4) Limitation on terms.--No individual may serve more than 3 consecutive terms as a director. ``(c) Chairman.--The Chairman shall be elected by the Board from its members for a term of 2 years. ``(d) Quorum.--A majority of the members of the Board shall constitute a quorum for the transaction of business. ``(e) Meetings.--The Board shall meet at the call of the Chairman at least once a year. If a director misses 3 consecutive regularly scheduled meetings, that individual may be removed from the Board by the Secretary and that vacancy filled in accordance with subsection (b)(3). ``(f) Reimbursement of Expenses.--Members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council in accordance with section 434(a). ``(g) General Powers.-- ``(1) Powers.--The Board may complete the organization of the Council by-- ``(A) appointing officers and employees; ``(B) adopting a constitution and bylaws consistent with the purposes of the Council under this subtitle; and ``(C) carrying out such other actions as may be necessary to carry out the purposes of the Council under this subtitle. ``(2) Effect of appointment.--Appointment to the Board shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal law. ``(3) Limitations.--The following limitations shall apply with respect to the appointment of officers and employees of the Council: ``(A) Officers and employees may not be appointed until the Council has sufficient funds to pay them for their service. ``(B) Officers and employees of the Council-- ``(i) shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and ``(ii) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. ``(4) Secretary of the board.--The first officer or employee appointed by the Board shall be the Secretary of the Board. The Secretary of the Board shall-- ``(A) serve, at the direction of the Board, as its chief operating officer; and ``(B) be knowledgeable and experienced in matters relating to economic development and Indian affairs. ``SEC. 433. POWERS AND OBLIGATIONS OF THE COUNCIL. ``(a) Corporate Powers.--To carry out its purposes under section 431(b), the Council shall have, in addition to the powers otherwise given it under this subtitle, the usual powers of a corporation acting as a trustee under South Dakota law, including the power-- ``(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; ``(2) to acquire by purchase or exchange any real or personal property or interest therein; ``(3) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income therefrom; ``(4) to borrow money and issue bonds, debentures, or other debt instruments; ``(5) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the directors shall not be personally liable, except for gross negligence; ``(6) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its function; and ``(7) to carry out any action that is necessary and proper to carry out the purposes of the Council. ``(b) Other Powers and Obligations.-- ``(1) In general.--The Council-- ``(A) shall have perpetual succession; ``(B) may conduct business throughout the several States, territories, and possessions of the United States and abroad; ``(C) shall have its principal offices in South Dakota; and ``(D) shall at all times maintain a designated agent authorized to accept service of process for the Council. ``(2) Service of notice.--The serving of notice to, or service of process upon, the agent required under paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Council. ``(c) Seal.--The Council shall have an official seal selected by the Board, which shall be judicially noticed. ``(d) Certain Interests.--If any current or future interest of a gift, devise, or bequest under subsection (a)(1) is for the benefit of the Council, the Council may accept the gift, devise, or bequest under such subsection, even if that gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of 1 or more private persons. SEC. 434. ADMINISTRATIVE SERVICES AND SUPPORT. ``(a) Provision of Services.--The Secretary may provide personnel, facilities, and other administrative services to the Council, including reimbursement of expenses under section 432(f), not to exceed then current applicable Federal Government per diem rates, for a period ending not later than 5 years after the date of enactment of this subtitle. ``(b) Reimbursement.-- ``(1) In general.--The Council may reimburse the Secretary for any administrative service provided under subsection (a). The Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing such services. ``(2) Continuation of certain assistance.--Notwithstanding any other provision of this section, the Secretary is authorized to continue to provide facilities, and necessary support services for such facilities, to the Council after the date specified in subsection (a), on a space available, reimbursable cost basis. ``SEC. 435. VOLUNTEER STATUS. ``(a) In General.--Notwithstanding any other provision of law, the Secretary may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Council, the Board, and the officers and employees of the Board, without compensation from the Secretary, as volunteers in the performance of the functions authorized under this subtitle. ``(b) Incidental Expenses.--The Secretary is authorized to provide for incidental expenses, including transportation, lodging, and subsistence to the officers and employees serving as volunteers under subsection (a). ``SEC. 436. AUDITS, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL FOR EQUITABLE RELIEF. ``(a) Audits.--The Council shall be subject to auditing and reporting requirements under section 10101 of title 36, United States Code, in the same manner as is a corporation under part B of that title. ``(b) Report.--As soon as practicable after the end of each fiscal year, the Council shall transmit to Congress a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments. ``(c) Relief With Respect to Certain Council Acts or Failure To Act.--If the Council-- ``(1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with the purposes of the Council under section 431(b); or ``(2) refuses, fails, or neglects to discharge the obligations of the Council under this subtitle, or threatens to do so; then the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate. ``SEC. 437. UNITED STATES RELEASE FROM LIABILITY. The United States shall not be liable for any debts, defaults, acts, or omissions of the Council, the Board, or the officers or employees of the Council. The full faith and credit of the United States shall not extend to any obligation of the Council, the Board, or the officers or employees of the Council. ``SEC. 438. GRANTS TO COUNCIL; TECHNICAL ASSISTANCE. ``(a) Grants.-- ``(1) In general.--Not less frequently than annually, the Secretary shall award a grant to the Council, to be used to carry out the purposes specified in section 431(b) in accordance with this section. ``(2) Grant agreements.--As a condition to receiving a grant under this section, the secretary of the Board, with the approval of the Board, shall enter into an agreement with the Secretary that specifies the duties of the Council in carrying out the grant and the information that is required to be included in the agreement under paragraphs (3) and (4). ``(3) Matching requirements.--Each agreement entered into under paragraph (2) shall specify that the Federal share of a grant under this section shall be 80 percent of the cost of the activities funded under the grant. No amount may be made available to the Council for a grant under this section, unless the Council has raised an amount from private persons or State or local government agencies equivalent to the non-Federal share of the grant. ``(4) Prohibition on the use of federal funds for administrative expenses.--Each agreement entered into under paragraph (2) shall specify that a reasonable amount of the Federal funds made available to the Council (under the grant that is the subject of the agreement or otherwise), but in no event more that 15 percent of such funds, may be used by the Council for administrative expenses of the Council, including salaries, travel and transportation expenses, and other overhead expenses. ``(b) Technical Assistance.-- ``(1) In general.--Each agency head listed in paragraph (2) shall provide to the Council such technical assistance as may be necessary for the Council to carry out the purposes specified in section 431(b). ``(2) Agency heads.--The agency heads listed in this paragraph are as follows: ``(A) The Secretary of Housing and Urban Development. ``(B) The Secretary of the Interior. ``(C) The Commissioner of Indian Affairs. ``(D) The Assistant Secretary for Economic Development of the Department of Commerce. ``(E) The Administrator of the Small Business Administration. ``(F) The Administrator of the Rural Development Administration. ``SEC. 439. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated to the Secretary, $10,000,000 for each of fiscal years 2002 through 2006, to be used in accordance with section 438. ``(b) Additional Authorization.--The amounts authorized to be appropriated under this section are in addition to any amounts provided or made available to the Council under any other provision of Federal law. ``SEC. 440. DEFINITION. ``In this section the term `Secretary' means the Secretary of Commerce.''.

Amends the Omnibus Indian Advancement Act to establish as part of the Wakpa Sica Reconciliation Place the Sioux Nation Economic Development Council to: (1) accept and administer gifts of property and use such gifts as a source of matching funds necessary to receive Federal assistance; (2) train tribal members to establish successful businesses; (3) provide grants and loans to members to establish or operate small businesses; (4) provide scholarships to member students pursuing an education in business; and (5) provide technical assistance to tribes and members in obtaining Federal assistance.Requires the Secretary of the Interior, at least annually, to award grants to the Council, to be used for such purposes.

A bill to provide for the establishment of a Sioux Nation Economic Development Council.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Information Technology Accountability Act''. SEC. 2. MANAGEMENT OF INTERNAL REVENUE SERVICE INFORMATION TECHNOLOGY. (a) Duties and Responsibilities of Internal Revenue Service Chief Information Officer.--Section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Internal Revenue Service Chief Information Officer.-- ``(1) In general.--There shall be in the Internal Revenue Service an Internal Revenue Service Chief Information Officer (hereafter referred to in this subsection as the `IRS CIO') who shall be appointed by the Commissioner of Internal Revenue after consultation with the Chief Information Officer of the Department of the Treasury. ``(2) Centralized responsibility for internal revenue service information technology.--The Commissioner of Internal Revenue (and the Secretary) shall act through the IRS CIO with respect to all development, implementation, and maintenance of information technology for the Internal Revenue Service. Any reference in this subsection to the IRS CIO which directs the IRS CIO to take any action, or to assume any responsibility, shall be treated as a reference to the Commissioner of Internal Revenue acting through the IRS CIO. ``(3) General duties and responsibilities.--The IRS CIO shall-- ``(A) be responsible for the development, implementation, and maintenance of information technology for the Internal Revenue Service, ``(B) ensure that the information technology of the Internal Revenue Service is secure and integrated, ``(C) maintain operational control of all information technology for the Internal Revenue Service, ``(D) be the principal advocate for the information technology needs of the Internal Revenue Service, and ``(E) consult with the Chief Procurement Officer of the Internal Revenue Service to ensure that the information technology acquired for the Internal Revenue Service is consistent with-- ``(i) the goals and requirements specified in subparagraphs (A) through (D), and ``(ii) the strategic plan developed under paragraph (4). ``(4) Strategic plan.-- ``(A) In general.--The IRS CIO shall develop and implement a multiyear strategic plan for the information technology needs of the Internal Revenue Service. Such plan shall-- ``(i) include performance measurements of such technology and of the implementation of such plan, ``(ii) include a plan for an integrated enterprise architecture of the information technology of the Internal Revenue Service, ``(iii) include and take into account the resources needed to accomplish such plan, and ``(iv) align with the needs and strategic plan of the Internal Revenue Service. ``(B) Plan updates.--The IRS CIO shall, not less frequently than annually, review and update the strategic plan under subparagraph (A) (including the plan for an integrated enterprise architecture described in subparagraph (A)(ii)) to take into account the development of new information technology and the needs of the Internal Revenue Service. ``(5) Scope of authority.-- ``(A) Information technology.--For purposes of this subsection, the term `information technology' has the meaning given such term by section 11101 of title 40, United States Code. ``(B) Internal revenue service.--Any reference in this subsection to the Internal Revenue Service includes a reference to all components of the Internal Revenue Service, including-- ``(i) the Office of the Taxpayer Advocate, and ``(ii) except as otherwise provided by the Secretary with respect to information technology related to matters described in subsection (b)(3)(B), the Office of the Chief Counsel.''. (b) Independent Verification and Validation of the Customer Account Data Engine 2 and Enterprise Case Management System.--The Commissioner of Internal Revenue shall enter into a contract with an independent reviewer to verify and validate the implementation plans (including the performance milestones and cost estimates included in such plans) developed for the Customer Account Data Engine 2 and the Enterprise Case Management System. Such contract shall require that such verification and validation be completed not later than the date which is 1 year after the date of the enactment of this Act. (c) Coordination of IRS CIO and Chief Procurement Officer of the Internal Revenue Service.-- (1) In general.--The Chief Procurement Officer of the Internal Revenue Service shall-- (A) identify all significant IRS information technology acquisitions and provide written notification to the Internal Revenue Service Chief Information Officer of each such acquisition in advance of such acquisition, and (B) regularly consult with the Internal Revenue Service Chief Information Officer regarding acquisitions of information technology for the Internal Revenue Service, including meeting with the Internal Revenue Service Chief Information Officer regarding such acquisitions upon request. (2) Significant irs information technology acquisitions.-- For purposes of this subsection, the term ``significant IRS information technology acquisitions'' means-- (A) any acquisition of information technology for the Internal Revenue Service in excess of $1,000,000, and (B) such other acquisitions of information technology for the Internal Revenue Service (or categories of such acquisitions) as the Internal Revenue Service Chief Information Officer, in consultation with the Chief Procurement Officer of the Internal Revenue Service, may identify. (3) Scope.--Terms used in this subsection which are also used in section 7803(e) of the Internal Revenue Code of 1986 (as amended by subsection (a)) shall have the same meaning as when used in such section.

IRS Information Technology Accountability Act This bill amends the Internal Revenue Code to establish the position of Internal Revenue Service (IRS) Chief Information Officer (CIO) to be responsible for the development, implementation, and maintenance of information technology for the IRS. The duties and responsibilities of the CIO include: ensuring that the information technology is secure and integrated, maintaining operational control of the information technology, being the principal advocate for the information technology needs of the IRS, developing and implementing a multiyear strategic plan for IRS information technology needs, and consulting with the IRS Chief Procurement Officer to ensure that requirements of this bill and the strategic plan are met. The IRS must enter into a contract with an independent reviewer to verify and validate the implementation plans developed for the Customer Account Data Engine 2 and the Enterprise Case Management System. The IRS Chief Procurement Officer must identify all significant IRS information technology acquisitions and notify the CIO before the acquisitions. The officer must also regularly consult with the CIO regarding acquisitions of IRS information technology.

IRS Information Technology Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Organ Policy Equity Act''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Standards of Quality for the Acquisition and Transportation of Donated Organs.-- (1) Organ procurement and transplantation network.--Section 372(b) of the Public Health Service Act (42 U.S.C. 274(b)) is amended-- (A) in paragraph (2)(E), by striking ``, including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome''; and (B) by adding at the end the following: ``(3) Clarification.--In adopting and using standards of quality under paragraph (2)(E), the Organ Procurement and Transplantation Network may adopt and use such standards with respect to organs infected with human immunodeficiency virus (in this paragraph referred to as `HIV'), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who-- ``(A) are infected with HIV before receiving such organ; and ``(B)(i) are participating in clinical research approved by an institutional review board under the criteria, standards, and regulations described in subsections (a) and (b) of section 377E; or ``(ii) if the Secretary has determined under section 377E(c) that participation in such clinical research, as a requirement for such transplants, is no longer warranted, are receiving a transplant under the standards and regulations under section 377E(c).''. (2) Conforming amendment.--Section 371(b)(3)(C) of the Public Health Service Act (42 U.S.C. 273(b)(3)(C); relating to organ procurement organizations) is amended by striking ``including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome'' and inserting ``including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV)''. (3) Technical amendments.--Section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)) is amended by-- (A) striking subparagraph (E); (B) redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (C) striking ``(H) has a director'' and inserting ``(G) has a director''; and (D) in subparagraph (H)-- (i) in clause (i) (V), by striking ``paragraph (2)(G)'' and inserting ``paragraph (3)(G)''; and (ii) in clause (ii), by striking ``paragraph (2)'' and inserting ``paragraph (3)''. (b) Publication of Research Guidelines.--Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 377D the following: ``SEC. 377E. CRITERIA, STANDARDS, AND REGULATIONS WITH RESPECT TO ORGANS INFECTED WITH HIV. ``(a) In General.--Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act, the Secretary shall develop and publish criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as `HIV') into individuals who are infected with HIV before receiving such organ. ``(b) Corresponding Changes to Standards and Regulations Applicable to Research.--Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act, to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the criteria developed under subsection (a)-- ``(1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under section 372(b)(2)(E); and ``(2) the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations). ``(c) Revision of Standards and Regulations Generally.--Not later than 4 years after the date of the enactment of the HIV Organ Policy Equity Act, and annually thereafter, the Secretary, shall-- ``(1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to the safety of transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV; ``(2) if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to transplanting an organ with a particular strain of HIV into a recipient with a different strain of HIV, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with section 372 and in a way that ensures the changes will not reduce the safety of organ transplantation; and ``(3) in conjunction with any revision of such standards under paragraph (2), revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations).''. SEC. 3. CONFORMING AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE. Section 1122(a) of title 18, United States Code, is amended by inserting ``or in accordance with all applicable guidelines and regulations made by the Secretary of Health and Human Services under section 377E of the Public Health Service Act'' after ``research or testing''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on June 17, 2013. HIV Organ Policy Equity Act - Amends the Public Health Service Act to repeal the requirement that the Organ Procurement and Transplantation Network adopt and use standards of quality for the acquisition and transportation of donated organs that include standards for preventing the acquisition of organs infected with the etiologic agent for acquired immune deficiency syndrome (AIDS). Replaces this requirement with authorization for the Network to adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with HIV may be transplanted only into individuals who are: (1) infected with such virus before receiving such an organ; and (2) participating in clinical research approved by an institutional review board under the criteria, standards, and regulations regarding organs infected with HIV developed under this Act or, if participation in such research is no longer warranted, receiving a transplant under such standards and regulations. Revises similarly the requirement that organ procurement organizations arrange for testing to prevent the acquisition of organs infected with the AIDS etiologic agent to require that they arrange for testing to identify organs infected with HIV. Directs the Secretary of Health and Human Services (HHS) to develop and publish guidelines for the conduct of research relating to transplantation of organs from HIV-infected donors. Requires the Network to revise its standards of quality regarding HIV-infected organs and the Secretary to revise related regulations. Requires the Secretary to: (1) review annually the results of scientific research in conjunction with the Network to determine whether they warrant revision of quality standards relating to donated HIV-infected organs and to the safety of transplantation of organs with a particular strain of HIV into a recipient with a different strain; and (2) direct the Network, if the review so warrants, to revise its standards in a way that ensures the changes will not reduce the safety of organ transplantation. Amends the federal criminal code to declare that an organ donation does not violate the prohibition against a knowing organ donation by an HIV-infected individual if the donation is made in accordance with this Act.

HIV Organ Policy Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Lunar Landing Anniversary Commemorative Coin Act''. SEC. 2. FIRST LUNAR LANDING COMMEMORATIVE COIN. The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue coins in accordance with this Act to commemorate the 25th Anniversary of the first lunar landing. SEC. 3. COIN SPECIFICATIONS. (a) Issuance.--The Secretary of the Treasury shall mint and issue not more than 500,000 1-dollar coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Design.-- (1) Requirements.--The design of the coins issued under subsection (A) shall be emblematic of the first lunar landing and shall include-- (A) a designation of the value of the coin; (B) an inscription of the year ``1994''; and (C) inscriptions of the words-- (i) ``Liberty''; (ii) ``In God We Trust''; (iii) ``United States of America''; and (iv) ``E Pluribus Unum''. (2) Selection of design.--The design of the coins minted under this Act shall be-- (A) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration; and (B) reviewed by the Citizens Commemorative Coin Advisory Committee in accordance with section 5134 of title 31, United States Code. (c) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. ISSUANCE OF COINS. (a) Commencement of Issuance.--The Secretary may issue the coins minted under this Act beginning on January 1, 1994. (b) Termination of Authority.--Coins may not be minted under this Act after December 31, 1994. (c) Quality of Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. (d) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--The Secretary shall sell the coins minted under this Act at as price equal to the face value plus the cost of designing, minting, and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) and the surcharge provided in subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount to reflect the lower cost of the sales. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act. To fill the orders, the Secretary shall sell the coins at a reasonable discount to reflect the benefit of prepayment. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $5 per coin. SEC. 7. USE OF SURCHARGES. Notwithstanding section 5134 of title 32, United States Code, and subject to section 9 of this Act, surcharges received from the sale of coins minted under this Act shall be paid by the Secretary as follows: (1) Neil armstrong air and space museum.--Twenty-five percent of the surcharges shall be paid to the Ohio Historic Preservation Association to be used for the Neil Armstrong Air and Space Museum, located in Wapakoneta, Ohio. (2) National air and space museum.--Twenty-five percent of the surcharges shall be paid to the Secretary of the Smithsonian Institution to be used for the National Air and Space Museum. (3) Reduction of national debt.--Fifty percent of the surcharges shall be transferred to the general fund of the Treasury for the purpose of reducing the national debt. SEC. 8. AUDITS. As a condition of receiving the surcharges paid under section 7, the Ohio Historic Preservation Association shall allow the Comptroller General of the United States to examine the books, records, documents, and other data of the Ohio Historic Preservation Association that may be related to the expenditure by the Association of surcharges paid under section 7. SEC. 9. FINANCIAL REQUIREMENT. The Secretary shall take actions necessary to ensure that the minting and issuance of the coins under this Act will not result in any net cost to the Federal Government. SEC. 10. PROCUREMENT REGULATIONS. (a) Waiver.--Except as provided in subsection (b), no provision of law applicable to procurement or public contracts shall be applicable to the procurement of goods or services relating to the minting and issuing of the coins issued under this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND. Subject to section 7 of this Act, the coins minted under this Act are numismatic items for purposes of subchapter III, chapter 51, subtitle IV of title 31, United States Code.

First Lunar Landing Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins to commemorate the 25th anniversary of the first lunar landing. Mandates that surcharges received from coin sales be paid to: (1) the Neil Armstrong Air and Space Museum (Wapakoneta, Ohio): (2) the Smithsonian Institution for the National Air and Space Museum; and (3) the Treasury for reduction of the national debt.

First Lunar Landing Anniversary Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Cellular Phone Contract Fairness Act of 2006''. SEC. 2. TERMINATION UNDER SERVICEMEMBERS CIVIL RELIEF ACT OF CONTRACTS FOR CELLULAR PHONE SERVICES. (a) Termination of Contracts for Cellular Phone Services.-- (1) Inclusion of contracts under termination authority.-- Subsection (b) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended by adding at the end the following new paragraph: ``(3) Contracts for cellular phone service.-- ``(A) In general.--Subject to subparagraphs (B) and (C), a contract for a cellular phone used, or intended to be used, by a servicemember or a servicemember's dependent for a personal or business purpose if-- ``(i) the contract is executed by or on behalf of a person who thereafter and during the term of the contract enters into military service under call or order specifying a period of not less than 90 days (or who enters military service under a call or order specifying a period of 90 days or less and who, without a break in service, receives orders extending the period of military service to a period not less than 90 days); ``(ii) the servicemember, while in military service, executes the contract and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 90 days; or ``(iii) the servicemember, while in military service, executes the contract and thereafter receives military orders for a permanent change of station to a location within the continental United States where the contract cannot be transferred at the same rate, terms, and quality of service. ``(B) Applicability to dependents.--Subparagraph (A) shall apply with respect to a contract, or portion of a contract, for a cellular phone used, or intended to be used, by a servicemember's dependent only if the dependent-- ``(i) relocates in accompanying the servicemember in the performance of the military service, or in a permanent change of station or deployment, described in that subparagraph; or ``(ii) otherwise relocates as a consequence of such military service or change of station or deployment. ``(C) Applicability to group plans.--If a servicemember or a dependent to whom this paragraph applies is not the primary account holder under a contract described in subparagraph (A), that subparagraph shall apply only to the extent of the obligations of the servicemember or dependent, as the case may be, in the contract.''. (2) Manner of termination.--Subsection (c)(1) of such section is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) in the case of a contract for a cellular phone, by delivery by the contractee of written notice of such termination, and a copy of the servicemember's military orders, to the contractor or to the contractor's agent.''. (3) Effective date of termination.--Subsection (d) of such section is amended by adding at the end the following new paragraph: ``(3) Contract for cellular phone service.--In the case of a contract for a cellular phone described in subsection (b)(3), termination of the contract under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.''. (4) Arrearages.--Subsection (e) of such section is amended-- (A) by striking ``(e) Arrearages and Other Obligations and Liabilities.--Rents or lease amounts'' and inserting the following: ``(e) Arrearages and Other Obligations and Liabilities.-- ``(1) In general.--Rents or lease amounts''; (B) by designating the second sentence as paragraph (2), indenting such paragraph 4 ems from the left margin, and inserting before ``In the case of the lease'' the following: ``(2) Lease charges for motor vehicles.--''; and (C) by adding at the end the following new paragraphs: ``(3) Termination charges for cellular phone contracts.--In the case of a contract for a cellular phone, the contractor may not impose an early termination charge, but may request the return of equipment provided to the contractee as part of the contract which would normally remain the property of the contractee at the end of the contract term if the contractee is given the option of paying a pro-rated amount to retain such equipment based on the original retail price of such equipment, the amount previously paid for such equipment by the contractee, and the time remaining on the contract. ``(4) Reactivation fees.--In the event a contractor and contractee jointly agree to treat the termination of a contract for a cellular phone under this section as a suspension of such contract, the contractor may not impose any fee for reactivation of service under such contract at the completion of suspension of such contract.''. (b) Conforming Amendment.--Subsection (a)(1)(B) of such section is amended by striking ``or (2)(B)'' and inserting ``, (2)(B), (3)(A)(ii), or (3)(A)(iii)''. (c) Clerical Amendments.-- (1) Heading amendment.--The heading of such section is amended to read as follows: ``SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES OR CONTRACTS FOR CELLULAR PHONE SERVICE.''. (2) Table of contents amendment.--The table of contents for such Act is amended by striking the item relating to section 305 and inserting the following new item: ``Sec. 305. Termination of residential or motor vehicle leases or contracts for cellular phone service.''.

Servicemembers' Cellular Phone Contract Fairness Act of 2006 - Amends the Servicemembers Civil Relief Act to allow members of the Armed Forces who are called to active duty for a period of not less than 90 days to cancel or suspend their cell phone contracts without incurring early termination or reactivation fees.

A bill to amend the Servicemembers Civil Relief Act to provide relief for servicemembers with respect to contracts for cellular phone service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Miccosukee Settlement Act of 1997''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds and declares that-- (1) there is pending before the United States District Court for the Southern District of Florida a lawsuit by the Miccosukee Tribe which involves the taking of certain tribal lands in connection with the construction of highway interstate 75 by the Florida Department of Transportation; (2) the pendency of this lawsuit clouds title of certain lands used in the maintenance and operation of the highway and hinders proper planning for future maintenance and operations; (3) the Florida Department of Transportation, with the concurrence of the board of trustees of the Internal Improvements Trust Fund of the State of Florida, and the Miccosukee Tribe have executed an agreement for the purpose of resolving the dispute and settling the lawsuit, which agreement requires consent of the Congress in connection with contemplated land transfers; (4) the settlement agreement is in the interests of the Miccosukee Tribe in that the tribe will receive certain monetary payments, new reservation land to be held in trust by the United States, and other benefits; (5) land received by the United States pursuant to the settlement agreement is in consideration of Miccosukee Indian Reservation land lost by the Miccosukee Tribe by virtue of transfer to the Florida Department of Transportation under the settlement agreement, and such United States land therefore shall be held in trust by the United States for the use and benefit of the Miccosukee Tribe as Miccosukee Indian Reservation land in compensation for the consideration given by the tribe in the settlement agreement; and (6) Congress shares with the parties to the settlement agreement a desire to resolve the dispute and settle the lawsuit. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the terms ``Miccosukee Tribe'' and ``tribe'' mean the Miccosukee Tribe of Indians of Florida, a tribe of American Indians recognized by the United States and organized under section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), and recognized by the State of Florida pursuant to chapter 285, Florida Statutes; (2) the term ``Miccosukee land'' means land held in trust by the United States for the use and benefit of the Miccosukee Tribe as Miccosukee Indian Reservation land which is identified pursuant to the settlement agreement for transfer to the Florida Department of Transportation; (3) the term ``Florida Department of Transportation'' means the executive branch department and agency of the State of Florida responsible for, among other matters, the construction and maintenance of surface vehicle roads, existing pursuant to section 20.23, Florida Statutes, with authority to execute the settlement agreement pursuant to section 334.044, Florida Statutes; (4) the term ``board of trustees of the Internal Improvements Trust Fund'' means the agency of the State of Florida holding legal title to and responsible for trust administration of certain lands of the State of Florida, consisting of the Florida Governor, Attorney General, Commissioner of Agriculture, Commissioner of Education, Controller, Secretary of State, and Treasurer sitting as trustees; (5) the term ``State of Florida'' means all agencies or departments of the State of Florida, including the Florida Department of Transportation and the board of trustees of the Internal Improvements Trust Fund, as well as the State itself as a governmental entity; (6) the term ``Secretary'' means the United States Secretary of the Interior; (7) the term ``land transfers'' means those lands identified in the settlement agreement for transfer from the United States to the Florida Department of Transportation and those lands identified in the settlement agreement for transfer from the State of Florida to the United States; (8) the term ``lawsuit'' means the action in the United States District Court for the Southern District of Florida, entitled Miccosukee Tribe of Indians of Florida v. State of Florida and Florida Department of Transportation, et al., docket number 91-6285-Civ-Paine; and (9) the terms ``settlement agreement'' and ``agreement'' mean those documents entitled ``settlement agreement'' (with incorporated exhibits), which identifies the lawsuit in the first paragraph, which was signed on page 15 therein on August 28, 1996, by Ben G. Watts (Secretary of the Florida Department of Transportation) and Billy Cypress (Chairman of the Miccosukee Tribe), and thereafter concurred in by the board of trustees of the Internal Improvements Trust Fund of the State of Florida. SEC. 4. AUTHORITY OF SECRETARY. As trustee for the Miccosukee Tribe, the Secretary shall: (1) Aid and assist in the fulfillment of the settlement agreement at all times and in all reasonable manner, and cooperate with and assist the Miccosukee Tribe for this purpose. (2) Upon finding that the settlement agreement is legally sufficient and that the State of Florida and its agencies have the necessary authority to fulfill the agreement, sign the settlement agreement on behalf of the United States, and have a representative of the Bureau of Indian Affairs sign the settlement agreement as well. (3) Upon finding that all necessary conditions precedent to the transfer of Miccosukee land to the Florida Department of Transportation as provided in the settlement agreement have been or will be met so that the agreement has been or will be fulfilled but for the execution of this land transfer and related land transfers, transfer ownership of the Miccosukee land to the Florida Department of Transportation as provided in the settlement agreement, including in such transfer solely and exclusively that Miccosukee land identified in the settlement agreement for such transfer and no other land. (4) Upon finding that all necessary conditions precedent to the transfer of Florida land to the United States have been or will be met so that the agreement has been or will be fulfilled but for the execution of this land transfer and related land transfers, receive and accept in trust for the use and benefit of the Miccosukee Tribe ownership of all land identified in the settlement agreement for transfer to the United States, constituting thereby Indian Reservation lands of the Miccosukee Tribe. Passed the House of Representatives November 13, 1997. Attest: ROBIN H. CARLE, Clerk.

Miccosukee Settlement Act of 1997 - Directs the Secretary of the Interior, as trustee for the Miccosukee Tribe, to assist in the fulfillment of the settlement agreement concerning the transfer of: (1) certain Miccosukee tribal land to the Florida Department of Transportation; and (2) certain Florida land to the United States to be received and accepted in trust for the use and benefit of the Miccosukee Tribe, constituting thereby Indian Reservation lands of the Miccosukee Tribe.

Miccosukee Settlement Act of 1997

SECTION 1. PURPOSES. (a) The purposes of this Act are the following: (1) To authorize the Secretary of the Interior to engage in studies relating to enlarging Pueblo Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan-Arkansas Project, Colorado, as described in the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and the Final PSOP Implementation Committee Report dated April 19, 2001. (2) To authorize the Secretary to enter into contracts for the use of excess storage and conveyance capacity of certain east slope facilities of the Fryingpan-Arkansas Project, Colorado, for municipal, water banking, and other purposes, as described in the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated April 19, 2001, by amending the Act of August 16, 1962 (76 Stat. 389 et seq.). (b) Nothing in this Act is intended to-- (1) impair or otherwise interfere with the project's authorized purposes or existing contractual obligations of the Secretary or project beneficiaries, including the renewal of any such contracts; (2) increase diversions of project water from the natural basin of the Colorado River; (3) increase diversions of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage, except as provided in this Act; (4) impair or otherwise interfere with Contract Nos. 00XX6C0049 and 0009D6C0048 between the Board of Water Works of Pueblo, Colorado, and the United States, or the renewal of Contract Nos. 00XX6C0049 and 0009D6C0048 pursuant to the authority that provides the legal basis therefor; or (5) affect the interpretation or implementation of existing law or legislation for any other congressionally authorized water project. SEC. 2. SECRETARY AUTHORIZED TO CONDUCT STUDIES FOR THE ENLARGEMENT OF PUEBLO DAM AND SUGAR LOAF DAM. (a) The Secretary of the Interior is hereby authorized to engage in storage space studies, up to and including a feasibility study pursuant to section 8 of the Federal Water Project Recreation Act (16 U.S.C. 4601-19) and section 9(a) of the Act of August 4, 1939 (Chapter 418; 43 U.S.C. 485h(a)), as may be appropriate, relating to enlarging Pueblo Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan- Arkansas Project, Colorado, including studies for the purpose of determining the potential costs, benefits, and environmental and recreational impacts of such enlargements and the use and operation thereof, as described in the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated April 19, 2001. Any report or reports submitted to the President and Congress prepared pursuant to this provision shall be considered to fulfill the requirements of section 9(a) of the Act of August 4, 1939 (Chapter 418; 43 U.S.C. 485h(a)), to the extent that section may be applicable. (b) Before funds are expended for the studies authorized by this section, the Southeastern Colorado Water Activity Enterprise shall agree to participate in the studies and to fund the costs of the studies. The Southeastern Colorado Water Activity Enterprise's funding of the costs may be provided partly or wholly in the form of services directly related to the conduct of the studies. SEC. 3. SECRETARY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE USE OF EXCESS STORAGE AND CONVEYANCE CAPACITY OF CERTAIN EAST SLOPE FACILITIES OF THE FRYINGPAN-ARKANSAS PROJECT, COLORADO. The Act of August 16, 1962 (76 Stat. 389), is amended by adding at the end the following: ``Sec. 8. (a) The Secretary is authorized to enter into contracts with any agency or entity, private or public, supplying water for municipal and other purposes within the project boundaries, for the use of excess water storage and conveyance capacity for nonproject water in certain east slope facilities, as described in the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated April 19, 2001, after consultation with the Board of Directors of the Southeastern Colorado Water Activity Enterprise: Provided, however, That such contracts shall not impair or otherwise interfere with-- ``(1) the project's authorized purposes, ``(2) the ability of the project contractors to meet existing Federal repayment obligations, ``(3) the storage allocations and limitations pursuant to Contract No. 5-07-70-W0086, as amended, between the Southeastern Colorado Water Conservancy District and the United States, and the allocation principles adopted by the Southeastern Colorado Water Conservancy District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil Action No. 40487 by decree dated December 18, 1979, including any subsequent modifications made by the District that are confirmed by the District Court, ``(4) the yield of the project from its West Slope and East Slope water rights, or ``(5) the capacity in Reclamation project facilities which is needed to satisfy project purposes and contractual obligations with a term exceeding one year existing at the time of the execution of a contract under the authority of this subsection. ``(b) The term of any contract executed pursuant to this section shall not exceed the remaining term of Contract No. 5-07-70-W0086, as amended, between the Southeastern Colorado Water Conservancy District and the United States. The Secretary shall renew any contract executed pursuant to this section at the end of the contract term on such conditions as the Secretary finds to be just and equitable. The term of such contract renewal shall be for a duration no less than the term granted the Southeastern Colorado Water Conservancy District under the contractual arrangement negotiated upon the expiration of Contract No. 5-07-70-W0086. ``(c) To the extent water stored under the Project's Winter Water Storage Program spills from Pueblo Reservoir due to execution of a contract executed pursuant to this section, it will not be considered impairment or interference under subsection (a)(5) if the holders of such stored water are compensated by a credit for purchase of project water to replace such spilled water, such credit to be financed by a surcharge as described in subsection (d)(4) imposed on contracts executed pursuant to this section. ``(d) The Secretary shall not execute a contract pursuant to this section with any entity that has not signed an agreement with the Southeastern Colorado Water Activity Enterprise-- ``(1) agreeing to reimburse an appropriate amount of the Southeastern Colorado Water Activity Enterprise's implementation and development costs, including such costs reimbursed to the United States, incurred in determining and making excess storage or conveyance capacity available for such storage of nonproject water by municipal water providers within the project boundaries, ``(2) agreeing to cooperate in a flow management program designed to maintain target minimum flows of 100 c.f.s. on the Arkansas River just below Pueblo Dam, as provided in the Implementation Committee report dated April 19, 2001, ``(3) agreeing to participate in a long-term water quality monitoring program as outlined in the Implementation Committee report dated April 19, 2001, and ``(4) agreeing to pay any surcharges determined appropriate and necessary by the Southeastern Colorado Water Activity Enterprise Board of Directors, as described in the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and the Final PSOP Implementation Committee reported dated April 19, 2001. All such charges established by the Southeastern Colorado Water Activity Enterprise shall be paid by the person or by the agency or entity, private or public, which contracts for the use of excess capacity, directly to the Southeastern Colorado Water Activity Enterprise, not to the Secretary, at such times and in such manner as the Southeastern Colorado Water Activity Enterprise may direct. ``Sec. 9. (a) The Secretary is authorized to enter into temporary contracts with any agency or entity, private or public, operating a water bank established pursuant to Colorado law, for use of facilities for the impounding, storage, and carriage of nonproject water for irrigation, domestic municipal, industrial, and other beneficial purposes. ``(b) No contract executed under the authority of subsection (a) shall impair or otherwise interfere with-- ``(1) the project's authorized purposes, ``(2) the ability of the project contractors to meet existing Federal repayment obligations, ``(3) the storage allocations and limitations pursuant to contract No. 5-07-70-W0086, as amended, between the Southeastern Colorado Water Conservancy District and the United States, and the allocation principles adopted by the Southeastern Colorado Water Conservancy District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil Action No. 40487 by decree dated December 18, 1979, including any subsequent modifications made by the District that are confirmed by the District Court, ``(4) the yield of the project from its West Slope and East Slope water rights, or ``(5) the capacity in Reclamation project facilities which is needed to satisfy project purposes and contractual obligations existing at the time of the execution of a contract under the authority of this subsection. ``(c) The Secretary shall not execute a contract pursuant to this section with any entity that has not signed an agreement with the Southeastern Colorado Water Activity Enterprise agreeing to pay any surcharges determined appropriate and necessary by the Southeastern Colorado Water Activity Enterprise Board of Directors to finance an appropriate portion of an operations and maintenance reserve fund and any other terms determined appropriate and necessary by the Southeastern Colorado Water Activity Enterprise Board of Directors, which may include conditions requiring water available in the bank to be made available for use within the basin of the Arkansas River prior to making such water available for use in other river basins within Colorado and any necessary or desirable limitations upon the time, place, or type of use of waters made available through the water bank and the appropriate duration of water use resulting from water bank transactions. ``Sec. 10. All revenue generated pursuant to contracts executed under sections 8 and 9, except for those revenues generated pursuant to the surcharges described in section 8(d)(4) and 9(c), shall be credited first to a proportionate share of annual operations and maintenance costs and then to repayment of the project in the year the contract revenue is generated until such time as the costs of the project have been repaid: Provided, however, That the revenues so credited shall not be applied so as to reduce the amount of the current annual payments due to the Secretary from the project contractors or any other parties that are responsible for paying outstanding reimbursable construction costs. Once the costs of the project have been repaid, all revenue generated pursuant to contracts executed under sections 8 and 9, except for those revenues generated pursuant to the surcharges described in sections 8(d)(4) and 9(c), shall be credited first to annual operations and maintenance costs and then to the Reclamation fund, to be used exclusively for the purpose of financing extraordinary operations and maintenance, rehabilitation, and replacements of project facilities. ``Sec. 11. Nonproject water diverted, stored, impounded, pumped, or conveyed under a contract entered into pursuant to sections 8 and 9 shall be exempt from any acreage limitation provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto including, but not limited to, the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-390zz-1) and from any farm unit size limitations established pursuant to section 4(c)(5) of the Act of August 11, 1939 (Chapter 717; 16 U.S.C. 590z-2(c)(5)): Provided, however, That in the event such nonproject water is commingled with project water in Reclamation project facilities, and the resulting commingled supply is used to irrigate lands in a project contractor's service area, then such commingled water shall bear the same acreage limitations or farm unit size limitations as the project water unless-- ``(1) contract provisions are in effect which provide that project or nonproject water, or both, will be accounted for on a quantitative basis, that project water will not be delivered to ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the project water, and ``(2) the charges for the use of the excess capacity include an appropriate interest component, as determined by the Secretary. ``Sec. 12. Excess water storage capacity in certain east slope facilities to divert, store, impound, pump, or convey nonproject water made available under contracts executed pursuant to the provisions of section 8 shall not be utilized so as to increase diversion of nonproject water from the natural basins of the Colorado or Arkansas Rivers within Colorado into another river basin for delivery or storage unless-- ``(1) the diversion is the subject of a decree entered prior to the effective date of this section for which no new infrastructure is necessary to divert the water out of the natural basin, or ``(2) the diversion is the subject of an existing agreement, contemplating additional diversions diverted through or stored in the facilities authorized by this Act, between the beneficiary of such transbasin diversion and either the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion or, in the absence thereof, a water conservancy district, as defined under Colorado law, that is a project contractor and from within whose boundaries the waters are proposed for diversion, ``(3) the diversion is the subject of a future intergovernmental agreement or other contractual arrangement between the beneficiary of such transbasin diversion and either the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion or, in the absence thereof, a water conservancy district, as defined under Colorado law, that is a project contractor and from within whose boundaries the waters are proposed for diversion, or ``(4) the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of either the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion or, in the absence thereof, a water conservancy district, as defined under Colorado law, that is a project contractor and from within whose boundaries the waters are proposed for diversion.''.

Authorizes the Secretary of the Interior to conduct storage space studies relating to enlarging Pueblo Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan-Arkansas Project, Colorado, including a feasibility study and studies for determining the potential costs, benefits, and environmental and recreational impacts and use and operation of such enlargements.Provides that, before funding is expended for such studies, the Southeastern Colorado Water Activity Enterprise shall agree to participate in the studies and to fund such studies' costs.Authorizes the Secretary to enter into contracts with public or private entities supplying water within Project boundaries, for the use of excess water storage and conveyance capacity for nonproject water in certain east slope facilities.Authorizes the Secretary to enter into temporary contracts with any public or private entities operating a water bank for use of facilities for the impounding, storage, and carriage of nonproject water for irrigation, domestic municipal, industrial, and other beneficial purposes.Requires revenues from such contracts to be credited first to annual operations and maintenance costs, then to repayment of the project, and, once project costs have been repaid, to the Reclamation Fund for use exclusively for financing extraordinary operations and maintenance, rehabilitation, and replacements of project facilities.

To authorize the Secretary of the Interior to enter into contracts for the use of excess storage and conveyance capacity in certain east slope facilities of the Fryingpan-Arkansas Project, Colorado, and to conduct studies for the enlargement of Pueblo Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan-Arkansas Project, Colorado, and for other purposes.

SECTION 1. HOLOCAUST EDUCATIONAL PROGRAM. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following new subpart: ``Subpart 22--Holocaust Education Assistance Program ``SEC. 5631. SHORT TITLE. ``This subpart may be cited as the `Simon Wiesenthal Holocaust Education Assistance Act'. ``SEC. 5632. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds the following: ``(1) The Holocaust was a historical event that resulted in the systemic, state-sponsored, mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. ``(2) Six States (California, Florida, Illinois, Indiana, New Jersey, and New York) now mandate that the Holocaust be taught in the educational curriculum, and 11 States (Alabama, Connecticut, Georgia, Mississippi, Missouri, Nevada, North Carolina, South Carolina, Tennessee, Washington, and West Virginia) recommend teaching the Holocaust but the funds necessary to carry out those recommendations may not be available. ``(3) The Holocaust is a sensitive and difficult subject to teach effectively, and educators need appropriate teaching tools and training to increase their knowledge of the Holocaust and enhance the educational experience. ``(b) Statement of Purpose.--It is the purpose of this subpart-- ``(1) to educate students in the United States so that they-- ``(A) may explore the lessons that the Holocaust provides for all people; and ``(B) may be less susceptible to the falsehood of Holocaust denial and to the destructive messages of hate that arise from Holocaust denial; and ``(2) to provide resources and support for educational programs that-- ``(A) portray accurate historical information about the Holocaust; ``(B) sensitize communities to the circumstances that gave rise to the Holocaust; ``(C) convey the lessons that the Holocaust provides for all people; and ``(D) develop curriculum guides and provide training to help teachers incorporate the study of the Holocaust and its lessons into mainstream disciplines. ``SEC. 5633. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to educational organizations to carry out proposed or existing Holocaust educational programs. ``SEC. 5634. APPLICATION. ``The Secretary may award a grant under this subpart only to an educational organization that has submitted an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 5635. USE OF GRANTS. ``(a) In General.--An educational organization receiving a grant under this subpart may use the grant only to carry out the Holocaust education program for which the grant was provided. ``(b) Requirements.--An educational organization receiving a grant under this subpart shall comply with the following requirements: ``(1) Continuation of eligibility.--The educational organization shall, throughout the period that the educational organization receives and uses the grant, continue to be an educational organization. ``(2) Supplementation of existing funds.--The educational organization shall ensure that the grant is used to supplement, and not supplant, non-Federal funds that would otherwise be available to the educational organization to carry out the Holocaust education program for which the grant was provided. ``(c) Additional Conditions.--The Secretary may require additional terms and conditions in connection with the use of grants provided under this subpart as the Secretary considers appropriate. ``(d) Cooperative Arrangements.--The Secretary should encourage educational organizations to work cooperatively with State educational agencies or local educational agencies in applying for and using grants under this subpart. ``SEC. 5636. SELECTION CRITERIA. ``(a) In General.--The Secretary shall award grants under this subpart in accordance with competitive criteria to be established by the Secretary. ``(b) Consultation With Holocaust Educators.--In establishing the competitive criteria under subsection (a), the Secretary shall consult with a number of prominent educators in the field of Holocaust education, to be determined by the Secretary. ``SEC. 5637. REVIEW AND SANCTIONS. ``(a) Annual Review.--The Secretary shall review at least annually each educational organization receiving a grant under this subpart to determine the extent to which the educational organization has complied with the provisions of this subpart and the regulations issued under this subpart. ``(b) Imposition of Sanctions.--The Secretary may impose one or more sanctions, to be determined by the Secretary, on an educational organization for the failure of the educational organization to comply substantially with the provisions of this subpart or the regulations issued under this subpart. ``SEC. 5638. ANNUAL REPORT. ``Not later than February 1 of each year, the Secretary shall submit to the Congress a report describing the activities carried out under this subpart and containing any related information that the Secretary considers appropriate. ``SEC. 5639. DEFINITIONS. ``In this subpart: ``(1) Educational organization.--The term `educational organization' means an entity-- ``(A) described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and ``(C) organized and operated for cultural, literary, or educational purposes. ``(2) Holocaust education program.--The term `Holocaust education program' means a program that-- ``(A) has as its specific and primary purpose to improve awareness and understanding of the Holocaust; and ``(B) to achieve such purpose, furnishes one or more of the following: ``(i) Educational materials. ``(ii) Student and school-based activities, including field trips. ``(iii) Teacher training. ``(iv) Any other good or service designed to improve awareness and understanding of the Holocaust. ``(3) Holocaust.--The term `Holocaust' means the systemic, state-sponsored, mass murders by Nazi Germany of 6,000,000 Jews, and millions of others, in the name of racial purity. ``SEC. 5640. REGULATIONS. ``The Secretary shall issue any regulations necessary to carry out this subpart. ``SEC. 5641. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary for the first fiscal year beginning on or after the date of enactment of this subpart, and for each of the four succeeding fiscal years, $2,000,000 for grants under this subpart. Amounts appropriated pursuant to this subpart shall remain available until expended.''. SEC. 2. CLERICAL AMENDMENT. The table of contents of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 5618 the following: ``Subpart 22--Holocaust Education Assistance Program ``Sec. 5631. Short title. ``Sec. 5632. Findings and purposes. ``Sec. 5633. Program authorized. ``Sec. 5634. Application. ``Sec. 5635. Use of grants. ``Sec. 5636. Selection criteria. ``Sec. 5637. Review and sanctions. ``Sec. 5638. Annual report. ``Sec. 5639. Definitions. ``Sec. 5640. Regulations. ``Sec. 5641. Authorization of appropriations.''.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive grants to educational organizations to carry out proposed or existing Holocaust education programs. Prohibits such grants from being used to supplant nonfederal funds the grantees would otherwise have used for Holocaust education programs.

To authorize the Secretary of Education to award grants to educational organizations to carry out educational programs about the Holocaust.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Our Producers Equity Act of 1999''. SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS. (a) In General.--Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by adding at the end the following: ``(g) Limitations on Loan Rates.-- ``(1) In general.--Except as provided in paragraph (2)-- ``(A) the limitations imposed under this section on the loan rate for a marketing assistance loan for a loan commodity (referred to in this subsection as a `covered commodity') shall not apply with respect to the 1999 through 2002 crops of the covered commodity; and ``(B) the loan rate for a marketing assistance loan under section 131 for the 1999 through 2002 crops of the covered commodity shall be not less than the higher of-- ``(i) 85 percent of the simple average price received by producers of the covered commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the covered commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; ``(ii) if the world market price for the crop of at least 3 loan commodities is less than the loan rate established for the crop of the respective loan commodities under subsections (a) through (f), 95 percent of the simple average price received by producers of the covered commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the covered commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; or ``(iii) the loan rate established for the 1999 crop of the covered commodity under this section. ``(2) Rice.--With respect to the 1999 through 2002 crops of rice, the Secretary may establish a loan rate in excess of the rate specified in subsection (e). ``(3) Retroactive application.--In the case of the 1999 crop of each loan commodity, the Secretary shall adjust marketing assistance loans and loan deficiency payments made before the date of enactment of this subsection to reflect the requirements of paragraphs (1) and (2).''. (b) Limitation on Marketing Loan Gains and Loan Deficiency Payments.--Section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2)) is amended by striking ``during any crop year may not exceed $75,000'' and insert ``during-- ``(A) each of the 1996 through 1998 crop years may not exceed $75,000; and ``(B) each of the 1999 through 2002 crop years may not exceed $150,000.''. SEC. 3. EXTENSION OF MARKETING LOAN TERM. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following: ``(c) Extensions Authorized.--The Secretary may extend the term of a marketing assistance loan for any loan commodity for a period not to exceed 6 months.''. SEC. 4. MAXIMUM ENROLLMENT IN CONSIDERATION RESERVE PROGRAM. Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) by striking ``The'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the''; and (2) by adding at the end the following: ``(2) Applicability.--Subject to the availability of appropriations, paragraph (1) shall not apply to each of the 1999 through 2002 calendar years.''. SEC. 5. WETLANDS RESERVE PROGRAM. (a) Annual Enrollment Authority.--Section 1237(b) of the Food Security Act of 1985 (16 U.S.C. 3837(b)) is amended by striking paragraph (1) and inserting the following: ``(1) Annual enrollment authority.--For calendar years 2000 through 2005, the Secretary may enroll up to 250,000 acres annually in the wetlands reserve program.''. (b) Extension of Program.--Section 1237(c) of the Food Security Act of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2002'' and inserting ``2005''. (c) Eligible Lands.--Section 1237(d) of the Food Security Act of 1985 (16 U.S.C. 3837(d)) is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4)(A) suitable for the establishment of wetland functions and values; ``(B) land that would contribute substantially to the habitat objectives of the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada and the Secretary of the Interior of the United States in May 1986; ``(C) land that has not historically been wetlands.''. (d) Cooperative Agreements.--Section 1237F of the Food Security Act of 1985 (16 U.S.C. 3837f) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Cooperative Agreements.--Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into a cooperative agreement for the acquisition of goods or services, including personal services, with a State, a political subdivision or agency of a State, a public or private agency, an organization, or any other person, without regard to any requirements for competition, if the Secretary determines that-- ``(1) the objectives of the agreement will serve a mutual interest of the parties to the agreement in wetland conservation; ``(2) all parties will contribute resources to the accomplishment of the objectives; and ``(3) the agreement will further the purposes of this subchapter.''. SEC. 6. REVIEW OF FEDERAL LAWS AND REGULATIONS THAT PROHIBIT THE SALE OR PROVISION OF AGRICULTURAL COMMODITIES TO FOREIGN COUNTRIES. (a) Finding.--Congress finds that any Federal law (including a regulation) that prohibits or otherwise restricts the sale or provision of an agricultural commodity to a foreign country should be maintained only if the prohibition or other restriction under the law or regulation is essential to the national security interests of the United States. (b) Definitions.--In this section: (1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (c) Study.-- (1) In general.--The President shall conduct an annual study of each Federal law (including a regulation) that prohibits or otherwise restricts the sale or provision of an agricultural commodity to a foreign country to determine-- (A) whether the prohibition or other restriction under the law is essential to the national security interests of the United States, including a description of the risk to the national security interests posed by the removal of the prohibition or other restriction; and (B) the effects of the prohibition or other restriction under the law on United States agriculture, including an assessment of-- (i) the extent to all countries subject to the prohibition constitute a market that accounted for, in the calendar year preceding the imposition of the prohibition or other restriction, more than 3 percent of all export sales from the United States of an agricultural commodity; (ii) the likely effect on incomes of producers of the commodity involved; (iii) the extent to which the prohibition or other restriction would permit foreign suppliers to replace United States suppliers; and (iv) the likely effect of the prohibition or other restriction on the reputation of United States agricultural producers as reliable suppliers of specific agricultural commodities and of agricultural commodities in general. (2) Secretary.--The President, acting through the Secretary, shall conduct the assessment described in paragraph (1)(B). (d) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall prepare and submit to the appropriate congressional committees a report containing the results of the study under subsection (c).

Amends the Food Security Act of 1985 to increase marketing loan gain and loan deficiency payment caps for crop years 1999 through 2002. (Sec. 3) Amends the Agricultural Market Transition Act to authorize six-month marketing assistance loan extensions. (Sec. 4) Amends the Food Security Act of 1985 to eliminate 1999 through 2002 conservation reserve acreage caps. (Sec. 5) Revises the wetlands reserve program to: (1) replace the total program acreage cap with an annual cap for 2000 through 2005; (2) permit inclusion of land that has not historically been wetlands, land that is suitable for wetland establishment, or land that would contribute to certain Canadian-U.S. habitat objectives; and (3) authorize cooperative agreements for goods and services. (Sec. 6) Declares that Congress finds that any Federal law or regulation prohibiting or restricting agricultural exports should be maintained only if essential to U.S. security. Directs the President to conduct a related annual assessment of such laws and regulations.

Help Our Producers Equity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Privacy Breach Notification Act of 2005''. SEC. 2. TIMELY NOTIFICATION OF UNAUTHORIZED ACCESS TO PERSONAL FINANCIAL INFORMATION. Subtitle B of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6821 et seq.) is amended-- (1) by redesignating sections 526 and 527 as sections 528 and 529, respectively; and (2) by inserting after section 525 the following: ``SEC. 526. NOTIFICATION TO CUSTOMERS OF UNAUTHORIZED ACCESS TO PERSONAL FINANCIAL INFORMATION. ``(a) Definitions.--In this section: ``(1) Breach.--The term `breach'-- ``(A) means the unauthorized acquisition, or loss, of computerized data or paper records which compromises the security, confidentiality, or integrity of personal financial information maintained by or on behalf of a financial institution; and ``(B) does not include a good faith acquisition of personal financial information by an employee or agent of a financial institution for a business purpose of the institution, if the personal financial information is not subject to further unauthorized disclosure. ``(2) Personal financial information.--The term `personal financial information' means the last name of an individual in combination with any 1 or more of the following data elements, when either the name or the data elements are not encrypted: ``(A) Social security number. ``(B) Driver's license number or State identification number. ``(C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to the financial account of an individual. ``(b) Notification to Customers Relating to Unauthorized Access of Personal Financial Information.-- ``(1) Financial institution requirement.--In any case in which there has been a breach of personal financial information at a financial institution, or such a breach is reasonably believed to have occurred, the financial institution shall promptly notify-- ``(A) each customer affected by the violation or suspected violation; ``(B) each consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a); and ``(C) appropriate law enforcement agencies, in any case in which the financial institution has reason to believe that the breach or suspected breach affects a large number of customers, including as described in subsection (e)(1)(C), subject to regulations of the Federal Trade Commission. ``(2) Other entities.--For purposes of paragraph (1), any person that maintains personal financial information for or on behalf of a financial institution shall promptly notify the financial institution of any case in which such customer information has been, or is reasonably believed to have been, breached. ``(c) Timeliness of Notification.--Notification required by this section shall be made-- ``(1) promptly and without unreasonable delay, upon discovery of the breach or suspected breach; and ``(2) consistent with-- ``(A) the legitimate needs of law enforcement, as provided in subsection (d); and ``(B) any measures necessary to determine the scope of the breach or restore the reasonable integrity of the information security system of the financial institution. ``(d) Delays for Law Enforcement Purposes.--Notification required by this section may be delayed if a law enforcement agency determines that the notification would impede a criminal investigation, and in any such case, notification shall be made promptly after the law enforcement agency determines that it would not compromise the investigation. ``(e) Form of Notice.--Notification required by this section may be provided-- ``(1) to a customer-- ``(A) in written notification; ``(B) in electronic form, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001); ``(C) if the Federal Trade Commission determines that the number of all customers affected by, or the cost of providing notifications relating to, a single breach or suspected breach would make other forms of notification prohibitive, or in any case in which the financial institution certifies in writing to the Federal Trade Commission that it does not have sufficient customer contact information to comply with other forms of notification, in the form of-- ``(i) an e-mail notice, if the financial institution has access to an e-mail address for the affected customer that it has reason to believe is accurate; ``(ii) a conspicuous posting on the Internet website of the financial institution, if the financial institution maintains such a website; or ``(iii) notification through the media that a breach of personal financial information has occurred or is suspected that compromises the security, confidentiality, or integrity of customer information of the financial institution; or ``(D) in such other form as the Federal Trade Commission may by rule prescribe; and ``(2) to consumer reporting agencies and law enforcement agencies (where appropriate), in such form as the Federal Trade Commission may prescribe, by rule. ``(f) Content of Notification.--Each notification to a customer under subsection (b) shall include-- ``(1) a statement that-- ``(A) credit reporting agencies have been notified of the relevant breach or suspected breach; and ``(B) the credit report and file of the customer will contain a fraud alert to make creditors aware of the breach or suspected breach, and to inform creditors that the express authorization of the customer is required for any new issuance or extension of credit (in accordance with section 605(g) of the Fair Credit Reporting Act); and ``(2) such other information as the Federal Trade Commission determines is appropriate. ``(g) Compliance.--Notwithstanding subsection (e), a financial institution shall be deemed to be in compliance with this section, if-- ``(1) the financial institution has established a comprehensive information security program that is consistent with the standards prescribed by the appropriate regulatory body under section 501(b); ``(2) the financial institution notifies affected customers and consumer reporting agencies in accordance with its own internal information security policies in the event of a breach or suspected breach of personal financial information; and ``(3) such internal security policies incorporate notification procedures that are consistent with the requirements of this section and the rules of the Federal Trade Commission under this section. ``(h) Civil Penalties.-- ``(1) Damages.--Any customer injured by a violation of this section may institute a civil action to recover damages arising from that violation. ``(2) Injunctions.--Actions of a financial institution in violation or potential violation of this section may be enjoined. ``(3) Cumulative effect.--The rights and remedies available under this section are in addition to any other rights and remedies available under applicable law. ``(i) Rules of Construction.-- ``(1) In general.--Compliance with this section by a financial institution shall not be construed to be a violation of any provision of subtitle (A), or any other provision of Federal or State law prohibiting the disclosure of financial information to third parties. ``(2) Limitation.--Except as specifically provided in this section, nothing in this section requires or authorizes a financial institution to disclose information that it is otherwise prohibited from disclosing under subtitle A or any other provision of Federal or State law. ``(j) Enforcement.--The Federal Trade Commission is authorized to enforce compliance with this section, including the assessment of fines for violations of subsection (b)(1).''. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 6 months after the date of enactment of this Act.

Financial Privacy Breach Notification Act of 2005 - Amends the Gramm-Leach-Bliley Act to require a financial institution to promptly notify the following entities whenever a breach of personal information has occurred at such institution: (1) each customer affected by such breach; (2) certain consumer reporting agencies; and (3) appropriate law enforcement agencies. Requires any person that maintains personal information for or on behalf of a financial institution to promptly notify the institution of any case in which such customer information has been breached. Prescribes notification procedures. Authorizes a customer injured by a violation of this Act to institute a civil action to recover damages. Authorizes the Federal Trade Commission to enforce compliance with this Act, including the assessment of fines for violations.

A bill to require financial institutions and financial service providers to notify customers of the unauthorized use of personal financial information, and for other purposes.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Consumer Automobile Lease Advertising Improvement Act of 2001''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Credit Protection Act. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) There has been a continuing trend toward leasing of automobiles by consumers as an alternative to installment credit sales, with automobile leases now constituting over one- third of all new automobile transactions. (2) Current automobile leasing practices do not provide consumers with consistent or adequate information to permit comparison shopping among lease offerings. Important information about lease costs and terms are not available until the consumer visits an automobile dealership, are typically provided only as part of lease negotiations, and often are not fully disclosed until the signing of the lease documents. (3) Automobile lease advertisements tend to confuse and mislead consumers by highlighting the most attractive terms of leases, by minimizing or omitting additional costs, terms or penalties, and by advertising monthly payment amounts based on lease terms that are different from those customarily offered to or selected by consumers. (4) With leases accounting for a large and growing percentage of all new automobile transactions, there is increasing need for automobile manufacturers, automobile dealers and other firms involved in leasing to provide more relevant and easily understood information in advertising and in writing at the auto dealership to permit consumers to evaluate intelligently the attractiveness of leases offered by an automobile dealership, to compare terms of leases offered and advertised by competing dealerships, and to compare the benefits of automobile leases with alternative purchase transactions. (b) Purpose.--The purpose of the amendments made by this Act is to provide consumers with more relevant and easily understood information regarding the terms and costs of lease offerings earlier in the leasing process to permit consumers to compare lease and purchase options and to comparison shop among competing lease opportunities. SEC. 3. APPLICABLE CONSUMER LEASES. Section 181(1) of the Consumer Credit Protection Act (15 U.S.C. 1667(1)) is amended-- (1) by striking ``$25,000'' and inserting ``$75,000''; and (2) by adding at the end the following: ``The limit on the contractual obligation which comes within such term shall be adjusted annually based upon the change reported in the Consumer Price Index by the Department of Labor in June of the preceding year.''. SEC. 4. GENERAL LEASE ADVERTISING. (a) Amendments.--Section 184(a) (15 U.S.C. 1667c) is amended-- (1) by striking ``(a)'' and inserting ``(a)(1)''; (2) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (3) by adding at the end the following: ``(2) Identification in a television advertisement of the advertised transaction as a lease, as required by paragraph (1)(A), shall be included in both the audio and video portions of the television advertisement. ``(3) The requirements of this subsection shall apply to all advertisements for a consumer lease, including advertisements on television, radio and videotape; print advertisements in publications, newsletters and fliers; advertisements by toll-free telephone numbers; and advertisements in electronic media, including Internet web pages, e-mail, CD-ROMs and interactive computer services.''. (b) Conforming Amendments.--Section 184(c) (15 U.S.C. 1667c(c)) is amended by striking ``subsection (a)'' each time it occurs and inserting ``subsection (a)(1)'' and in paragraph (1) by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B)''. SEC. 5. ADVERTISEMENT FOR AUTOMOBILE LEASE. Section 184 (15 U.S.C. 1667c) is amended by adding at the end the following new subsection: ``(d) Advertisement for Automobile Lease.-- ``(1) In general.--An advertisement to promote a lease for an automobile that includes a scheduled lease payment amount that applies only to a single vehicle, or to a limited number of vehicles of the same vehicle make, model and year, shall clearly and conspicuously state that the advertised payment amount applies only to a single vehicle, or shall clearly and conspicuously state the number of vehicles of the same vehicle make and model to be made available for lease at the advertised payment amount. ``(2) Lease payment amounts.-- ``(A) An advertisement to promote a lease for an automobile that states a lease payment amount, or must state a lease payment amount under subsection (a)(1)(D), shall calculate such payment amount on the basis of a lease payment formula which the Board shall set forth in regulation and which shall be based on the following information-- ``(i) the total capitalized cost of the vehicle model advertised, which shall not be reduced or adjusted by any down payment amount, capitalized cost reduction, vehicle trade-in amount or other required payment; ``(ii) a lease term of twenty-four (24) months, or such other lease term that the Board may determine in regulation as representative of prevailing industry practice; and ``(iii) a mileage allowance before any excess mileage charge may be imposed of 12,000 miles for each year of the lease term, or such other annual mileage allowance which the Board may determine in regulation as providing a more representative estimate of vehicle use and potential costs to the consumer. ``(B) An advertisement to promote a lease for an automobile that states a lease payment for a vehicle model as provided under subparagraph (A) may state a lease payment amount for the same vehicle model that is different than that required to be stated under subparagraph (A), except that-- ``(i) the lease payment amount is not presented more prominently than the lease payment amount required to be stated under subparagraph (A); and ``(ii) the advertisement clearly and conspicuously identifies the lease terms or payment amounts that explain the difference between the lease payment amount and the payment amount required to be stated under subparagraph (A).''. SEC. 6. AVAILABILITY OF LEASE INFORMATION. Section 184 (15 U.S.C. 1667c) is amended by inserting after subsection (d) (as added by section 5) the following new subsection: ``(e) Availability of Information.--An automobile dealer that engages in any advertising to promote or assist a consumer lease, or that participates in any advertised national or regional promotion for a consumer lease, shall make available to the public, as appropriate and in such format as the Board shall determine in regulation, the following information: ``(1) Customer incentives.--A written and dated statement that shall be placed in a conspicuous and prominent location in the dealership that sets out clearly and accurately for each vehicle model offered by the dealer, as applicable, the incentives, special offers or promotions available for the benefit of consumers in conjunction with consumer lease, purchase and installment credit transactions, that shall include-- ``(A) special interest rates that are offered by automobile manufacturers, financial institutions and leasing companies; ``(B) special incentives, including cash rebates and vehicle residual percentages that are offered by automobile manufacturers directly to consumers; and ``(C) special incentives and lease terms, including vehicle discounts, residual value percentages and other vehicle promotions that are offered to consumers by the dealer. ``(2) Available leases.--A written and dated statement for each vehicle model that the dealer makes available for lease to consumers that shall be placed in a conspicuous and prominent location in the dealership, and copies of which shall be made available to individual consumers upon request, that sets out clearly and accurately the following terms applicable to leases for such vehicle models-- ``(A) the rebates and other incentives available for consumers; ``(B) the money factor, or lease interest factor, that shall be stated as a decimal number and as an equivalent approximate annual percentage rate; and ``(C) the vehicle residual value, that shall be stated as a percentage of the retail price (MSRP) of such vehicle model.''. SEC. 7. DEFINITIONS. Section 184 (15 U.S.C. 1667c) is amended by inserting after subsection (e) (as added by section 6) the following new subsection: ``(f) Clearly and Conspicuously Defined.-- ``(1) In general.--For purposes of this section, the term `clearly and conspicuously' means-- ``(A) in print advertisements, the required disclosures and explanations of lease terms shall appear in a type size, shade, contrast, prominence, and location as to be readily noticeable, readable, and comprehensible to an ordinary consumer; ``(B) in the video portion of television or videotaped advertisements, the required disclosures shall appear on the screen in a type size, shade, contrast, prominence, and location and for a duration as to be readily noticeable, readable, and comprehensible to an ordinary consumer; ``(C) in the audio portion of television, videotaped, and radio advertisements, the required disclosures shall be delivered in a volume, cadence, and location and for a duration as to be readily noticeable, hearable, and comprehensible to an ordinary consumer; and ``(D) in promotions and advertising in Internet web pages, CD-ROMs, or interactive computer services, the required disclosures shall appear in a type size, shade, contrast, prominence, and location as to be readily readable and comprehensible to users and shall be separated from marketing and promotional information and easily accessible under the label or heading `Important Information for Consumers'. ``(2) Limitation.--Nothing contrary to, inconsistent with, or in mitigation of, the required disclosures shall be used in any advertisement in any medium and no audio, video, or print technique shall be used that is likely to obscure or detract significantly from the communication of the disclosures.''. SEC. 8. ADMINISTRATIVE ENFORCEMENT. (a) In General.--Chapter 5 of the Consumer Credit Protection Act is amended by adding the following new section: ``SEC. 188. ADMINISTRATIVE ENFORCEMENT. ``Compliance with section 184 of this chapter shall be enforced by the Federal Trade Commission, except to the extent that enforcement of the requirements imposed under such section is specifically committed to another agency under section 108(a) of this title. For purposes of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of section 184 shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions of and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with such section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of such section in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.''. (b) Clerical Amendment.--The table of sections for chapter 5 of the Truth in Lending Act is amended by adding at the end the following new item: ``188. Administrative enforcement.'' SEC. 9. REGULATIONS. The Board of Governors of the Federal Reserve System, not later than 6 months after the date of the enactment of this Act, shall issue regulations to implement the amendments made by this Act. The Board shall also issue regulations, together with staff commentary if appropriate, to update and clarify the requirements and definitions for lease disclosures and any other issue relating to consumer leasing to carry out the intent of the amendments made by this Act, to implement any initiative to prevent the circumvention of the amendments made by this Act, and to facilitate compliance with the requirements in the amendments.

Consumer Automobile Lease Advertising Improvement Act of 2001 - Amends the Consumer Credit Protection Act to increase from $25,000 to $75,000 the maximum amount of a contractual obligation of a consumer lease to which the Act applies.Prescribes additional lease advertising disclosure requirements.Prescribes requirements for automobile leasing advertising.

To amend the Consumer Credit Protection Act to enhance the advertising of the terms and costs of consumer automobile leases, to permit consumer comparison of advertised lease offerings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Group Long-Term Care Insurance Act of 1999''. SEC. 2. LONG-TERM CARE INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding at the end the following new chapter: ``Chapter 90--Long-Term Care Insurance ``Sec. ``9001. Definitions ``9002. Contracting authority. ``9003. Minimum standards for contractors. ``9004. Long-term care benefits. ``9005. Financing. ``9006. Preemption. ``9007. Studies, reports, and audits. ``9008. Claims for benefits. ``9009. Jurisdiction of courts. ``9010. Regulations. ``9011. Authorization of appropriations. ``Sec. 9001. Definitions ``For the purpose of this chapter-- ``(1) `annuitant' means an individual referred to in section 8901(3); ``(2) `employee' means an individual referred to in subparagraphs (A)-(D), and (F)-(I) of section 8901(1); but does not include an employee excluded by regulation of the Office under section 9011; ``(3) `other eligible individual' means the spouse, former spouse, parent or parent-in-law of an employee or annuitant, or other individual specified by the Office; ``(4) `Office' means the Office of Personnel Management; ``(5) `qualified carrier' means an insurer licensed to do business in each of the States and meeting the requirements of a qualified insurer in each of the States; ``(6) `qualified contract' means a contract meeting the conditions prescribed in section 9002; and ``(7) `State' means a State or territory or possession of the United States, and includes the District of Columbia. ``Sec. 9002. Contracting authority ``(a) The Office may, without regard to section 5 of title 41 or any other statute requiring competitive bidding, purchase from one or more qualified carriers a policy or policies of group long-term care insurance to provide benefits as specified by this chapter. The Office, however, shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition to the maximum extent practicable. ``(b) The Office may design a benefits package or packages and negotiate final offerings with qualified carriers. ``(c) Each contract shall be for a uniform term of 5 years, unless terminated earlier by the Office. ``(d) Premium rates charged under a contract entered into under this section shall reasonably reflect the cost of the benefits provided under that contract as determined by the Office. ``(e) The coverage and benefits made available to individuals under a contract entered into under this section are guaranteed to be renewable and may not be canceled by the carrier except for nonpayment of premium. ``(f) The Office may, based on open season participation rates, the composition of the risk pool, or both, withdraw the product. ``Sec. 9003. Minimum standards for contractors ``At the minimum, to be a qualified carrier under this chapter, a company shall-- ``(1) be licensed as an insurance company and approved to issue group long-term care insurance in all States and to do business in each of the States; and ``(2) be in compliance with the requirements imposed on issuers of qualified long-term care contracts by section 4980C of the Internal Revenue Code of 1986. ``Sec. 9004. Long-term care benefits ``The benefits provided under this chapter shall be long-term care benefits which, at a minimum, shall be compliant with the most recent standards recommended by the National Association of Insurance Commissioners. ``Sec. 9005. Financing ``(a) The amount necessary to pay the premium for enrollment of an enrolled employee shall be withheld from the pay of each enrolled employee. ``(b) Except as provided by subsection (d), the amount necessary to pay the premium for enrollment of an enrolled annuitant shall be withheld from the annuity of each enrolled annuitant. ``(c) The amount necessary to pay the premium for enrollment of a spouse may be withheld from pay or annuity, as appropriate. ``(d) An employee, annuitant, or other eligible individual, whose pay or annuity is insufficient to cover the withholding required for enrollment, shall, at the discretion of the Office, pay the premium for enrollment directly to the carrier. ``(e) Each carrier participating in the Program established by this chapter shall maintain the funds related to this Program separate and apart from funds related to other contracts and other lines of business. ``(f) The costs of the Office in adjudicating a claims dispute under section 9008, including costs related to an inquiry not culminating in a dispute, shall be reimbursed by the carrier involved in the dispute or inquiry. Such funds shall be available to the Office for the administration of this chapter. ``Sec. 9006. Preemption ``The provisions of this chapter shall supersede and preempt any State or local law which is determined by the Office to be inconsistent with-- ``(1) the provisions of this chapter; or ``(2) after consultation with the National Association of Insurance Commissioners, the efficient provision of a nationwide long-term care insurance program for Federal employees. ``Sec. 9007. Studies, reports, and audits ``(a) Each qualified carrier entering into a contract under this chapter shall-- ``(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and ``(2) permit the Office and representatives of the General Accounting Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the carrier, or both, with such information and reports as the Office may require. ``Sec. 9008. Claims for benefits ``(a) A claim for benefits under this chapter shall be filed within 4 years of the date on which the reimbursable cost was incurred or the service was provided. ``(b) The Office shall adjudicate a claims dispute arising under this chapter and shall require the contractor to pay for any benefit or provide any service the Office determines appropriate under the applicable contract. ``(c)(1) Except as provided in paragraph (2), benefits payable under this chapter for any reimbursable cost incurred or service provided are secondary to any other benefit payable for such cost or service. no payment may be made where there is no legal obligation for such payment. ``(2) Benefits payable under the following programs shall be secondary to benefits payable under this chapter: ``(A) The program of medical assistance under title XIX of the Social Security Act; and ``(B) Any other Federal or State programs that the Office may specify in regulations that provide health benefit coverage designed to be secondary to other insurance coverage. ``Sec. 9009. Jurisdiction of courts ``A claimant under this chapter may file suit against the carrier of the long-term care insurance policy covering such claimant in the district courts of the United States, after exhausting all available administrative remedies. ``Sec. 9010. Regulations ``(a) The Office shall prescribe regulations necessary to carry out this chapter. ``(b) The regulations of the Office may prescribe the time at which and the conditions under which an eligible individual may enroll in the Program established under this chapter. ``(c) The Office may not exclude-- ``(1) an employee or group of employees solely on the basis of the hazardous nature of employment; or ``(2) an employee who is occupying a position on a part- time career employment basis, as defined in section 3401(2). ``(d) The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, former spouses, and other eligible individuals under this chapter, and any requirements for continuation or conversion of coverage. ``Sec. 9011. Authorization of appropriations ``There are authorized to be appropriated such sums as may be necessary for the purposes of carrying out sections 9002, and 9010.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this act, except that no coverage may be effective until the first day of the first pay period in October, which follows by more than 1 year the date of enactment of this Act.

Federal Employees Group Long-Term Care Insurance Act of 1999 - Sets forth provisions for the establishment of a program under which long-term care insurance is made available to Federal employees and annuitants. Authorizes the Office of Personnel Management to purchase group long-term care insurance policies from, and design benefits packages and negotiate final offerings with, qualified carriers. Provides that policy coverage and benefits shall be guaranteed to be renewable and may not be canceled except for nonpayment of premiums. Requires provided benefits to be compliant with standards recommended by the National Association of Insurance Commissioners. Requires premium payments to be withheld from the pay or annuities of enrollees. Sets forth provisions governing the filing of claims, the administrative resolution of claims disputes, and the jurisdiction of U.S. district courts over related suits. Authorizes appropriations.

Federal Employees Group Long-Term Care Insurance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surface Transportation Safety Act of 2009''. SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC. The Secretary of Transportation shall modify regulations issued pursuant to section 1402 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1227) to allow fire services personnel that are subject to the regulations to wear apparel meeting the high visibility requirements set forth in NFPA 1971-2007 (Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting) in lieu of apparel meeting the requirements set forth in ANSI/ISEA 107-2004. SEC. 3. POSITIVE PROTECTIVE DEVICES. Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall modify section 630.1108(a) of title 23, Code of Federal Regulations, to ensure that-- (1) at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (e.g., tunnels, bridges, etc.), unless an engineering analysis determines otherwise; (2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in stationary work zones lasting 2 weeks or more when the project design speed is 45 miles per hour or greater and the nature of the work requires workers to be within one lane-width from the edge of a live travel lane, unless-- (A) an engineering analysis determines otherwise, or (B) the project is located in a State with a population density of 20 or fewer persons per square mile and the project is outside of an urbanized area and the road's annual average daily traffic (AADT) load is less than 100 vehicles per hour; and (3) when positive protective devices are necessary for highway construction projects, these devices are paid for on a unit pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts where the contractor is paid to assume a certain risk allocation and payment is generally made on a lump sum basis. SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO FURTHER STATE STRATEGIC HIGHWAY SAFETY PLANS. Section 112 of title 23, United States Code, is amended by adding at the end the following: ``(h) Use of Patented or Proprietary Items To Further State Strategic Highway Safety Plans.-- ``(1) The Secretary shall approve the use of Federal funds made available to carry out this chapter in the payment of patented or proprietary items if the State transportation department certifies, based on the documented analysis and professional judgment of qualified State transportation officials, that-- ``(A) the patented or proprietary item will contribute to the accomplishment of one or more goals set forth in the State's strategic highway safety plan; ``(B) no equally suitable alternative item exists; ``(C) any specified patented or proprietary item will be clearly identified as a patented or proprietary item in bid documents; and ``(D) any patented or proprietary item specified pursuant to this certification will be available in sufficient quantity to complete any project identified in bid documents. ``(2) The authority to utilize patented or proprietary items provided in paragraph (1) is in addition to authority to utilize such products that exists under this section and under 23 CFR 635.411 as in effect on March 2, 2009. The Secretary may not revise said regulation to reduce authority to utilize patented or proprietary items.''. SEC. 5. MINIMUM LEVEL OR RETROREFLECTIVITY FOR PAVEMENT MARKINGS. Not later than October 1, 2010, the Secretary of Transportation shall revise the Manual on Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel. SEC. 6. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi) of title 23, United States Code, is amended to read as follows: ``(xi) Installation, replacement, and upgrade of highway signs and pavement markings, including any upgrade of materials and the implementation of any assessment or management method designed to meet a State-established performance standard, Federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity.''. (b) Maintaining Minimum Levels of Retroreflectivity.-- (1) 23 U.S.C. 148(a) is amended by adding at the end thereof the following paragraph-- ``(7) Project to maintain minimum levels of retroreflectivity.--The term `project to maintain minimum levels of retroreflectivity' means a project undertaken pursuant to provisions of the Manual on Uniform Traffic Control Devices requiring public agencies to use an assessment or management method that is designed to maintain highway sign or pavement marking retroreflectivity at or above prescribed minimum levels.''. (2) 23 U.S.C. 148(d)(1) is amended by striking ``(B)'' and inserting in lieu thereof ``(C)'' and by inserting between subparagraphs (A) and (C), as redesignated herein, the following-- ``(B) any project to maintain minimum levels of retroreflectivity on any public road, whether or not such project is included in the State strategic highway safety plan; or''. (3) 23 U.S.C. 120(c)(1) is amended by inserting after ``signalization,'' the following: ``maintaining minimum levels of retroreflectivity of highway signs or pavement markings,''. SEC. 7. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS. (a) In General.--The Secretary of Transportation shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23, United States Code) in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled ``Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA- RD-01-103)'' and dated October 2001. (b) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion sums authorized to be appropriated to carry out this section for such fiscal year among the several States using the overall formula share for each State for fiscal year 2009 for all funds subject to section 105 of title 23, United States Code, including equity bonus funds, obtained after application of said section 105 for such fiscal year. (c) Federal Share.--The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code. (d) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $90,000,000 to carry out this section for each of fiscal years 2010 through 2014. (e) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. SEC. 8. RAIL-HIGHWAY GRADE CROSSINGS. (a)(1) Transparency of State Survey and Schedule of Railway-Highway Grade Crossings.--Section 130(d) of title 23, United States Code, is amended by adding at the end the following: ``Each State shall make surveys and schedules compiled under this subsection available to the public through the Internet Web site of the State.''. (2) The effective date of this subsection shall be 180 days after the date of enactment of this subsection. (b) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out section 130 of title 23, United States Code, $220,000,000 for each of fiscal years 2010 through 2014. (c) Conforming Amendments.--Section 130 of title 23, United States Code, is amended-- (1) in subsection (e)(1) by striking the first sentence; and (2) in subsections (f)(1) and (f)(3) by striking ``set aside'' and inserting ``made available''. SEC. 9. REVIEW OF SAFETY OF RAIL-HIGHWAY GRADE CROSSINGS. (a) In General.--The Secretary of Transportation shall conduct a comprehensive review of the safety of all highway-rail grade crossings in the United States. (b) Method.--In reviewing the safety of a highway-rail grade crossing under subsection (a), the Secretary shall-- (1) assess, at a minimum, safety conditions, average daily traffic, proximity to schools, past accidents, fatalities, and possible safety improvements; and (2) determine the best method for making the crossing safer, including closings, grade separations, installation of protective devices, or other methods. (c) Priority List.--Based on the information collected in conducting the comprehensive review under subsection (a), the Secretary shall compile, maintain, and submit to Congress a list of the 10 highway-rail grade crossings in each State that have the greatest need for safety improvements. (d) Inclusion in Rail-Highway Grade Crossing Database.--The Secretary shall include the information collected in conducting the comprehensive review under subsection (a), and the priority list submitted under subsection (c), in the national database on the safety of highway-rail grade crossings required under section 20156(a) of title 49, United States Code, as added by section 10 of this Act. (e) Update.--The Secretary shall update the comprehensive review under subsection (a) at least once every 4 years. (f) Availability of Information.--The Secretary shall make priority lists and databases compiled under this section available to the public through the Internet Web site of the Department of Transportation. (g) Limitation on Use of Data in Judicial Proceedings.-- Notwithstanding any other provision of law, any report, review, survey, schedule, list, data, or information or document of any kind compiled or collected pursuant to this section, including but not limited to for the purpose of identifying, evaluating, or planning the safety enhancement of a potential accident site or railway-highway crossing pursuant to this section shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such report, review, survey, schedule, list, or data. SEC. 10. RAIL-HIGHWAY GRADE CROSSING SAFETY. (a) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 20156. RAIL-HIGHWAY GRADE CROSSING SAFETY INFORMATION. ``(a) Establishment of Database.--The Secretary of Transportation shall establish and maintain a national database of information on the safety of highway-rail grade crossings in the United States. ``(b) Accident and Incident Reports To Be Included in Database.-- The Secretary shall include in the database under subsection (a) information from incident reports filed with the Federal Railroad Administration regarding accidents and other safety-related incidents that have occurred at highway-rail grade crossings.''. (b) Clerical Amendment.--The analysis for subchapter II of such chapter is amended by adding at the end the following: ``20156. Rail-highway grade crossing safety information.''. SEC. 11. RURAL STATE INITIATIVE. (a) In General.--To address the problem of a significant portion of traffic fatalities occurring on highways in rural areas, the Secretary of Transportation shall, for each fiscal year beginning with fiscal year 2010, allocate $20 million to each State with a population density of less than 20 persons per square mile (based on the most recent decentennial census), for use by such States for projects and programs and activities eligible under 23 U.S.C. 148 and not located in an urbanized area as defined in section 134(b)(6), title 23, United States Code. (b) Such allocations shall not be considered an apportionment within the meaning of section 105 of title 23, United States Code, or considered a ``specific program'' within the meaning of said section 105. (c) Federal Share.--The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code. (d) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as may be necessary to carry out this section for each of fiscal years 2010 through 2014. (e) Applicability of Title 23.--Except as provided by subsection (b) of this section, funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

Surface Transportation Safety Act of 2009 - Directs the Secretary of Transportation to modify certain federal regulations to: (1) allow fire services personnel to wear high visibility apparel meeting certain requirements; and (2) ensure that positive protective measures (including temporary longitudinal traffic barriers) are used to separate workers on highway construction projects from motorized traffic. Directs the Secretary to approve the use of federal-aid highway funds for patented or proprietary items that further the goals of state strategic highway safety plans. Directs the Secretary of Transportation to revise the Manual on Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel. Revises requirements for the highway safety improvement program to count installation, replacement, and upgrade of highway signs and pavement markings as a highway safety improvement project. Authorizes: (1) states to obligate highway safety improvement program funds apportioned to them for projects to maintain minimum levels of retroreflectivity in highway signs or pavement markings on public roads, whether or not such projects are included in state plans; and (2) a federal share of costs of 100% for such projects. Directs the Secretary to: (1) carry out a program to improve traffic signs and pavement markings for older drivers and pedestrians in all states; (2) review the safety of all highway-rail grade crossings in the United States and, based on such review, compile a list of the ten highway-rail grade crossings having the greatest need for safety improvements; (3) establish a national database of information on the safety of highway-rail grade crossings in the United States; and (4) allocate $20 million to each state with a population density of less than 20 persons per square mile for each fiscal year beginning with FY2010 for rural highway safety improvement projects.

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

SECTION 1. FINDINGS. The Congress finds the following: (1) Natural catastrophic events in February 1998 created potentially dangerous fire and insect infestation conditions in areas of national forests and national grasslands in Texas. (2) On March 10, 1998, the Council on Environmental Quality waived certain requirements under the National Environmental Policy Act of 1969 to expedite the removal of ``dead, down, and severely root-sprung trees where mortality is expected'' in those areas, by approving alternative arrangements for that removal in accordance with part 1506.11 of title 40, Code of Federal Regulations. (3) The Council on Environmental Quality, which is the Federal agency responsible for monitoring implementation of the National Environmental Policy Act of 1969, should be commended for approving those alternative arrangements, which help prevent the wildfires and insect and disease infestations often associated with dead and dying trees. (4) Numerous catastrophic forest conditions similar to, equal to, or worse than the conditions for which the Council on Environmental Quality approved the alternative arrangements exist on national forest and public domain lands throughout the nation. (5) Treatment equivalent to that provided under the alternative arrangements is warranted and needed on other national forest and public domain lands throughout the United States. SEC. 2. WAIVER OF NEPA REQUIREMENTS FOR TREATMENT OF DEAD, DOWNED, AND SEVERELY ROOT-SPRUNG TREES. (a) In General.--The Secretary of Agriculture may remove dead, downed, or severely root-sprung trees in areas described in subsection (b) in accordance with the alternative arrangements approved by the Council on Environmental Quality for National Forests and Grasslands in Texas, as set forth in a letter from the Chairman of the Council on Environmental Quality to the Deputy Chief of the National Forest System dated March 10, 1998. (b) Areas Described.--The areas referred to in subsection (a) are the following: (1) Approximately 20,000 acres of blowdown forest in the Routt National Forest, Colorado. (2) Approximately 700 acres of blowdown forest in the Rio Grande National Forest, Colorado. (3) Approximately 50,000 acres of bark beetle infested forest in the Dixie National Forest, Utah. (4) Approximately 25,000 acres of insect and fuel-loading conditions on National Forest System lands in the Tahoe Basin, California. (5) Approximately 28,000 acres of fire-damaged, dead, and dying trees in the Malheur National Forest, Oregon. (6) Approximately 10,000 acres of gypsy moth infestation in the Allegheny National Forest, Pennsylvania. (7) Approximately 5,000 acres of severely ice damaged forests in the White Mountain National Forest, New Hampshire, and the Green Mountain National Forest, Vermont. (8) Approximately 10,000 acres of severe Mountain pine beetle damaged forests in the Panhandle National Forest, Nezperce National Forest, and Boise National Forest, Idaho. (9) Approximately 10,000 acres of severely ice damaged forests in the Daniel Boone National Forest, Kentucky. (10) Approximately 15,000 acres of fire-damaged, dead, and dying trees in the Osceola National Forest and Apalachica National Forest, Florida. (c) Other Forests.-- (1) Requirement to request alternative arrangements.--The Secretary of Agriculture or the Secretary of the Interior, respectively, shall promptly request the Council on Environmental Quality to approve alternative arrangements under part 1506.11 of title 40, Code of Federal Regulations, authorizing removal of dead, downed, or severely root-sprung trees on any national forest or public domain lands where premature mortality is expected as a result of catastrophic forest conditions. (2) Consideration of requests.--Upon receipt of a request under paragraph (1), the Council on Environmental Quality shall promptly consider and approve or disapprove the request. (3) Regulations.--The Chairman of the Council on Environmental Quality shall, by not later than 180 days after the date of the enactment of this Act, issue regulations-- (A) governing the approval of alternative arrangements under part 1506.11 of title 40, Code of Federal Regulations, pursuant to requests under paragraph (1); and (B) establishing criteria under which those requests will be considered and approved or disapproved.

Authorizes the Secretary of Agriculture to remove dead, downed, or severely root-sprung trees in accordance with certain alternative arrangements approved by the Council on Environmental Quality for forests and grasslands in Texas in specified National Forest areas in Colorado, Utah, California, Oregon, Pennsylvania, New Hampshire, Vermont, Idaho, Kentucky, and Florida. Authorizes the Secretary and the Secretary of the Interior, respectively, to request Council approval of alternative tree removal arrangements in cases of catastrophic forest conditions.

To authorize the continued use on national forest and other public lands of the alternative arrangements that were approved by the Council on Environmental Quality for windstorm-damaged national forests and grasslands in Texas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arm All Pilots Act of 2015''. SEC. 2. FACILITATION OF AND LIMITATIONS ON TRAINING OF FEDERAL FLIGHT DECK OFFICERS. (a) Improved Access to Training Facilities.--Section 44921(c)(2)(C)(ii) of title 49, United States Code, is amended-- (1) by striking ``The training of'' and inserting the following: ``(I) In general.--The training of''; and (2) by adding at the end the following: ``(II) Access to training facilities.--Not later than 180 days after the date of the enactment of the Arm All Pilots Act of 2015, the Secretary shall-- ``(aa) designate 5 additional firearms training facilities located in various regions of the United States for Federal flight deck officers relative to the number of such facilities available on the day before such date of enactment; ``(bb) designate firearms training facilities approved before such date of enactment for recurrent training of Federal flight deck officers as facilities approved for initial training and certification of pilots seeking to be deputized as Federal flight deck officers; and ``(cc) designate additional firearms training facilities for recurrent training of Federal flight deck officers relative to the number of such facilities available on the day before such date of enactment.''. (b) Firearms Requalification for Federal Flight Deck Officers.-- Section 44921(c)(2)(C)(iii) of such title is amended-- (1) by striking ``The Under Secretary shall'' and inserting the following: ``(I) In general.--The Secretary shall''; (2) in subclause (I), as designated by paragraph (1), by striking ``the Under Secretary'' and inserting ``the Secretary, but not more frequently than once every 6 months,''; and (3) by adding at the end the following: ``(II) Use of facilities for requalification.--The Secretary shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a private or government-owned gun range certified to provide firearm requalification training. ``(III) Self-reporting.--The Secretary shall determine that a Federal flight deck officer has met the requirements to requalify to carry a firearm under the program if-- ``(aa) the officer reports to the Secretary that the officer has participated in a sufficient number of hours of training to requalify to carry a firearm under the program; and ``(bb) the administrator of the facility at which the officer conducted the requalification training verifies that the officer participated in that number of hours of training.''. (c) Limitations on Training.--Section 44921(c)(2) of such title is amended by adding at the end the following: ``(D) Limitations on training.-- ``(i) Initial training.--The Secretary may require-- ``(I) initial training of not more than 5 days for a pilot to be deputized as a Federal flight deck officer; ``(II) the pilot to be physically present at the training facility for not more than 2 days of such training; and ``(III) not more than 3 days of such training to be in the form of certified online training administered by the Department of Homeland Security. ``(ii) Recurrent training.--The Secretary may require-- ``(I) recurrent training of not more than 2 days, not more frequently than once every 5 years, for a pilot to maintain deputization as a Federal flight deck officer; ``(II) the pilot to be physically present at the training facility for a full-day training session for not more than one day of such training; and ``(III) not more than one day of such training to be in the form of certified online training administered by the Department of Homeland Security.''. (d) Other Measures To Facilitate Training.--Section 44921(e) of such title is amended-- (1) by striking ``Pilots participating'' and inserting the following: ``(1) In general.--Pilots participating''; and (2) by adding at the end the following: ``(2) Facilitation of training.-- ``(A) Time off for training.--An air carrier shall permit a Federal flight deck officer or a pilot seeking to be deputized as a Federal flight deck officer to take a reasonable amount of leave from work to participate in initial and recurrent training for the program. An air carrier shall not be obligated to provide such an officer or pilot compensation for such leave. ``(B) Practice ammunition.--At the request of a Federal flight deck officer, the Secretary shall provide to the officer sufficient practice ammunition to conduct at least one practice course every month.''. SEC. 3. CARRIAGE OF FIREARMS BY FEDERAL FLIGHT DECK OFFICERS. (a) General Authority.--Section 44921(f) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by striking paragraph (1) and inserting the following: ``(1) In general.--The Secretary shall authorize a Federal flight deck officer to carry a firearm while engaged in providing air transportation or intrastate air transportation. The authority provided to a Federal flight deck officer under this paragraph includes the authority to carry a firearm-- ``(A) on the officer's body, loaded, and holstered; ``(B) when traveling to a flight duty assignment, throughout the duty assignment, and when traveling from a flight duty assignment to the officer's home or place where the officer is residing when traveling; and ``(C) in the passenger cabin and while traveling in a cockpit jump seat. ``(2) Concealed carry.--A Federal flight deck officer shall make reasonable efforts to keep the officer's firearm concealed when in public. ``(3) Purchase of firearm by officer.--Notwithstanding subsection (c)(1), a Federal flight deck officer may purchase a firearm and carry that firearm aboard an aircraft of which the officer is the pilot in accordance with this section if the firearm is of a type that may be used under the program.''. (b) Carriage of Firearms on International Flights.--Paragraph (5) of section 44921(f) of such title, as redesignated by subsection (a)(1), is amended to read as follows: ``(5) Carrying firearms outside united states.-- ``(A) In general.--In consultation with the Secretary of State, the Secretary-- ``(i) may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in a foreign country whenever necessary to participate in the program; and ``(ii) shall take such actions as are within the authority of the Secretary to ensure that a Federal flight deck officer may carry a firearm while engaged in providing foreign air transportation. ``(B) Consistency with federal air marshal program.--The Secretary shall work to make policies relating to the carriage of firearms on flights in foreign air transportation by Federal flight deck officers consistent with the policies of the Federal air marshal program for carrying firearms on such flights.''. (c) Carriage of Firearm in Passenger Cabin.-- (1) Rule of construction.--Section 44921 of title 49, United States Code, is amended by adding at the end the following: ``(l) Rule of Construction.--Nothing in this section shall be construed to require a Federal flight deck officer to place a firearm in a locked container, or in any other manner render the firearm unavailable, when the cockpit door is opened.''. (2) Conforming repeal.--Section 44921(b)(3) of title 49, United States Code, is amended-- (A) by striking subparagraph (G); and (B) by redesignating subparagraphs (H) through (N) as subparagraphs (G) through (M), respectively. (d) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) prescribe regulations on the proper storage of firearms when a Federal flight deck officer is at home or where the officer is residing when traveling; and (2) revise the procedural requirements established under section 44921(b)(1) of title 49, United States Code, to implement the amendments made by subsection (c). SEC. 4. PHYSICAL STANDARDS FOR FEDERAL FLIGHT DECK OFFICERS. Section 44921(d)(2) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) by striking ``A pilot is'' and inserting the following: ``(A) In general.--A pilot is''; and (3) by adding at the end the following: ``(B) Consistency with requirements for certain medical certificates.--In establishing standards under subparagraph (A)(ii), the Secretary may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Administration for the issuance of a first- or second-class airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling).''. SEC. 5. TRANSFER OF FEDERAL FLIGHT DECK OFFICERS FROM INACTIVE TO ACTIVE STATUS. Section 44921(d) of such title is amended by adding at the end the following: ``(5) Transfer from inactive to active status.--A pilot deputized as a Federal flight deck officer who moves to inactive status may return to active status after completing one program of recurrent training described in subsection (c).''. SEC. 6. FACILITATION OF SECURITY SCREENING OF FEDERAL FLIGHT DECK OFFICERS. Section 44921 of title 49, United States Code, as amended by section 3(c)(1), is further amended by adding at the end the following: ``(m) Facilitation of Security Screening of Federal Flight Deck Officers.-- ``(1) Eligibility for expedited screening.--The Secretary shall allow a Federal flight deck officer to be screened through the crew member identity verification program of the Transportation Security Administration (commonly known as the `Known Crew Member program') when entering the sterile area of an airport. ``(2) Prohibition on paperwork.--The Secretary may not require a Federal flight deck officer to fill out any forms or paperwork when entering the sterile area of an airport. ``(3) Sterile area defined.--In this subsection, the term `sterile area' has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling).''. SEC. 7. TECHNICAL CORRECTIONS. Section 44921 of title 49, United States Code, as amended by this Act, is further amended-- (1) in subsection (a), by striking ``Under Secretary of Transportation for Security'' and inserting ``Secretary of Homeland Security''; (2) in subsection (d)(4), by striking ``may,'' and inserting ``may''; (3) in subsection (i)(2), by striking ``the Under Secretary may'' and inserting ``may''; (4) in subsection (k)-- (A) by striking paragraphs (2) and (3); and (B) by striking ``Applicability'' and all that follows through ``This section'' and inserting ``Applicability.--This section''; (5) by adding at the end the following: ``(n) Definitions.--In this section: ``(1) Pilot.--The term `pilot' means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member. ``(2) All-cargo air transportation.--The term `air transportation' includes all-cargo air transportation.''; and (6) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''. SEC. 8. REFUNDS OF CERTAIN SECURITY SERVICE FEES FOR AIR CARRIERS WITH FEDERAL FLIGHT DECK OFFICERS ON ALL FLIGHTS. Section 44940 of title 49, United States Code, is amended by adding at the end the following: ``(j) Refund of Fees for Air Carriers With Federal Flight Deck Officers on All Flights.--From fees received in a fiscal year under subsection (a)(1), each air carrier that certifies to the Secretary of Homeland Security that all flights operated by the air carrier have on board a pilot deputized as a Federal flight deck officer under section 44921 shall receive an amount equal to 10 percent of the fees collected under subsection (a)(1) from passengers on flights operated by that air carrier in that fiscal year.''. SEC. 9. TREATMENT OF INFORMATION ABOUT FEDERAL FLIGHT DECK OFFICERS AS SENSITIVE SECURITY INFORMATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals. SEC. 10. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe such regulations as may be necessary to carry out this Act and the amendments made by this Act.

Arm All Pilots Act of 2015 This bill revises requirements for the federal flight deck officer program. The Department of Homeland Security (DHS) shall designate additional training facilities for: firearms training and recurrent training for federal flight deck officers, and initial firearm training and certification of pilots seeking to be deputized as federal flight deck officers. DHS (formerly, the Under Secretary of Transportation for Security of the Department of Transportation) shall: require officers, but no less than once every six months, to requalify to carry firearms on domestic flights; and permit officers to requalify at certified private or government-owned gun ranges. DHS may require certain limitations on initial and recurrent training for such officers. The bill revises the authority of federal flight deck officers to carry firearms on domestic and foreign flights. DHS may not establish medical or physical standards for a pilot to become a federal flight deck officer inconsistent with or more stringent than Federal Aviation Administration requirements for issuance of a first- or second-class airman medical certificate. A pilot deputized as a federal flight deck officer may move from inactive to active status after completing one recurrent training program. DHS shall allow officers to be screened through the Transportation Security Administration's Known Crew Member program when entering an airport sterile area. Each air carrier certifying to DHS that it has a pilot deputized as a federal flight deck officer on all its flights shall receive a refund of up to 10% of security service fees collected from passengers on flights operated by that air carrier. DHS shall revise certain federal regulations to classify information about deputized pilots as sensitive security information.

Arm All Pilots Act of 2015

TITLE I--ASSAULT WEAPONS SECTION 101. SHORT TITLE. This title may be cited as the ``Antidrug Assault Weapons Limitation Act of 1993''. SEC. 102. DEFINITIONS. (a) In General.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraphs: ``(29) The term `assault weapon' means any of the firearms known as-- ``(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); ``(B) Action Arms Israeli Military Industries UZI and Galil; ``(C) Beretta AR-70 (SC-70); ``(D) Colt AR-15 and CAR-15; ``(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(F) MAC 10 and MAC 11; ``(G) Steyr AUG; ``(H) INTRATEC TEC-9; and ``(I) Street Sweeper and Striker 12. ``(30) The term `form 4473' means the form prescribed by the Secretary in section 178.124 of the Code of Regulations as of the date of enactment of this paragraph, as that form or paragraph may be amended, or a successor form or regulation, or the equivalent of such a form.''. (b) Recommendations of the Secretary.-- Chapter 44 of title 18, United States Code, is amended-- (1) by adding at the end the following new section: ``Sec. 931. Additional assault weapons ``The Secretary, in consultation with the Attorney General, may recommend to the Congress the addition or deletion of firearms designated as assault weapons under section 921(29).''; and (2) in the chapter analysis by adding at the end the following new item: ``931. Additional assault weapons.''. SEC. 103. UNLAWFUL ACTS. Section 922 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer, import, transport, ship, receive, or possess an assault weapon. ``(2) This subsection does not apply with respect to-- ``(A) the transfer, importation, transportation, shipping, and receipt to or by, or possession by or under, authority of the United States or any department or agency thereof or of any State or any department, agency, or political subdivision thereof, of an assault weapon; or ``(B) a lawful transfer, transportation, shipping, receipt, or possession of an assault weapon that was lawfully possessed before the effective date of this subsection. ``(t)(1) It shall be unlawful for a person to sell, ship, or deliver an assault weapon to a person who does not fill out a form 4473 in connection with the purchase of the assault weapon. ``(2) It shall be unlawful for a person to purchase, possess, or accept delivery of an assault weapon unless the person has filled out a form 4473 in connection with the purchase of the assault weapon. ``(3) If a person purchases an assault weapon from anyone other than a licensed dealer, both the purchaser and the seller shall maintain a record of the sale on the seller's original copy of form 4473. ``(4) An owner of an assault weapon on the effective date of this subsection who requires retention of form 4473 under this subsection shall, within 90 days after publication of regulations by the Secretary under paragraph (5), request a copy of form 4473 from a licensed dealer in accordance with those regulations. ``(5) The Secretary shall, within 90 days after the date of enactment of this subsection, prescribe regulations for the request and delivery of form 4473 under paragraph (4).''. SEC. 104. PENALTIES. Section 924 of title 18, United States Code, is amended-- (1) in subsection (c) by inserting ``and if the firearm is an assault weapon, to imprisonment for 10 years,'' after ``sentenced to imprisonment for five years,''; and (2) by adding at the end the following new subsection: ``(i) A person who knowingly violates section 922(t) shall be fined not more than $1,000 (in accordance with section 3571(e)), imprisoned not more than 6 months, or both.''. SEC. 105. DISABILITY. Section 922(g)(1) of title 18, United States Code, is amended by inserting ``or a violation of section 922(t)'' before the semicolon at the end. SEC. 106. STUDY BY THE ATTORNEY GENERAL. (a) Study.--The Attorney General shall investigate and study the effect of this Act and the amendments made by this Act and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act. (b) Report.--Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to Congress a report setting forth in detail the findings and determinations made in the study under subsection (a). SEC. 107. EFFECTIVE DATE. This title and the amendments made by this title-- (1) shall become effective on the date that is 30 days after the date of enactment of this Act; and (2) are repealed effective as of the date that is 3 years after the effective date. TITLE II--INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG CONSPIRACIES SEC. 201. SHORT TITLE. This title may be cited as the ``Drive-By Shooting Prevention Act of 1993''. SEC. 202. DRIVE-BY SHOOTING. (a) In General.--Chapter 2 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 36. Drive-by shooting ``(a) Offense and Penalties.-- ``(1) Whoever, in furtherance or to escape detection of a major drug offense listed in subsection (b) and, with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, causes grave risk to any human life shall be punished by a term of no more than 25 years, or by fine as provided under this title, or both. ``(2) Whoever, in furtherance or to escape detection of a major drug offense listed in subsection (b) and, with the intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more persons and who, in the course of such conduct, kills any person shall, if the killing-- ``(A) is a first degree murder as defined in section 1111(a) of this title, be punished by death or imprisonment for any term of years or for life, fined under this title, or both: or ``(B) is a murder other than a first degree murder as defined in section 1111(a) of this title, be fined under this title, imprisoned for any term of years or for life, or both. ``(b) Major Drug Offense Defined.--A major drug offense within the meaning of subsection (a) is one of the following: ``(1) a continuing criminal enterprise, punishable under section 403(c) of the Controlled Substances Act (21 U.S.C. 848(c)); ``(2) a conspiracy to distribute controlled substances punishable under section 406 of the Controlled Substances Act (21 U.S.C. 846) or punishable under section 1013 of the Controlled Substances Import and Export Control Act (21 U.S.C. 963); or ``(3) an offense involving major quantities of drugs and punishable under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)).''. (b) Technical Amendment.--The chapter analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following new item: ``36. Drive-by shooting.''. TITLE III--MISCELLANEOUS FIREARMS OFFENSES SEC. 301. STEALING AND SMUGGLING OF FIREARMS. Section 924 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(i) A person who steals a firearm that is moving as, is a part of, or has moved in interstate or foreign commerce shall be imprisoned not less than 2 nor more than 10 years and may be fined under this title. ``(j) A person who, with the intent to engage in or to promote conduct that-- ``(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (212 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.); ``(2) violates a State law relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or ``(3) constitutes a crime of violence (as defined in subsection (c)(3)); smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.''. SEC. 302. MANDATORY REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF A FIREARM. Section 3583 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(h) Mandatory Revocation of Supervised Release for Possession of a Firearm.--If the court has provided, as a condition of supervised release, that the defendant refrain from possessing a firearm (as defined in section 921), and if the defendant is in actual possession of such a firearm at any time prior to the expiration or termination of a term of supervised release, the court, after a hearing pursuant to the provisions of the Federal Rules of Criminal Procedure that are applicable to probation revocation, shall-- ``(1) revoke the term of supervised release; and ``(2) subject to subsection (e)(3), require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on postrelease supervision.''.

TABLE OF CONTENTS: Title I: Assault Weapons Title II: Indiscriminate Use of Weapons to Further Drug Conspiracies Title III: Miscellaneous Firearms Offenses Title I: Assault Weapons - Antidrug Assault Weapons Limitation Act of 1993 - Amends the Federal criminal code to prohibit the: (1) transfer, importation, transportation, shipment, receipt, or possession of an assault weapon, with exceptions; (2) sale, shipment, or delivery of an assault weapon to a person who does not fill out a form 4473 (prescribed by the Secretary of the Treasury) in connection with the purchase; and (3) purchase, possession, or acceptance of delivery of an assault weapon by a person who has not filled out such form. Sets penalties for: (1) the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime; and (2) knowingly violating requirements regarding the filling out of form 4473. Prohibits persons convicted of the latter offense from shipping or transporting firearms or ammunition in interstate or foreign commerce. Directs the Attorney General to investigate the effect of this Act and determine its impact on violent and drug trafficking crime. Title II: Indiscriminate Use of Weapons to Further Drug Conspiracies - Drive-By Shooting Prevention Act of 1993 - Sets penalties for causing grave risk to human life or the death of any person by firing a weapon into a group of two or more persons with intent to intimidate, harass, injure, or maim and in furtherance of, or to escape detection of, a major drug offense. Title III: Miscellaneous Firearms Offenses - Sets penalties for: (1) stealing a firearm that is moving in, or that has moved in, interstate or foreign commerce; and (2) smuggling or knowingly bringing a firearm, into the United States, or attempting to do so, with intent to engage in or promote conduct that is punishable under specified controlled substances Acts, violates a State law relating to a controlled substance, or constitutes a crime of violence. Provides for mandatory revocation of supervised release for possession of a firearm.

A bill to make unlawful the possession of certain assault weapons, to establish a Federal penalty for drive-by shootings, and for other purposes.

SECTION. 1. DEFINITIONS. For purposes of this Act: (1) The term ``brownfield site'' means a parcel of land that was previously used for industrial purposes but is contaminated with hazardous or toxic waste and not currently used for any purpose. Such term shall not include any of the following: (A) Any facility that is the subject of a planned or an ongoing response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (B) Any facility included, or proposed for inclusion, in the National Priorities List maintained by the Administrator under such Act. (C) Any facility with respect to which a record of decision has been issued by the President under section 104 of such Act (42 U.S.C. 9604). (D) Any facility that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) at the time that an application for a grant or loan concerning the facility is submitted under this Act. (E) Any land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and closure requirements have been specified in a closure plan or permit. (F) Any facility that contains polychlorinated biphenyls subject to response under section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)). (G) Any facility with respect to which an administrative order on consent or judicial consent decree requiring cleanup has been entered into by the President under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or title XIV of the Public Health Service Act, commonly known as the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (H) Any facility controlled by, or to be remediated by, a department, agency, or instrumentality of the executive branch of the Federal Government. (I) Any facility at which assistance for response activities may be obtained pursuant to subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 2. SET-ASIDE FOR BROWNFIELD CLEANUPS. (a) Amount of Set-Aside.--Notwithstanding section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) or any other provision of law, from the amounts available in the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986, in each fiscal year commencing after the enactment of this Act a fraction equal to 1/365 of the total amount available in the fund in that fiscal year shall be available to the Administrator for obligation or expenditure for the purpose of making grants under section 3 of this Act. (b) Assistance Amount.--The amount of any grants provided under this Act to a single applicant shall not exceed $10,000,000. No funds made available under this Act may be used for any brownfield site which has previously received Federal funds for used for decontamination or remediation. No grant funds shall be available under this Act for any project unless the State provides at least 20 percent of the total costs of the project from nonfederal funds. SEC. 3. BROWNFIELD REDEVELOPMENT PROGRAM. (a) Grants.--Upon the approval of an application made by any State under this section, the Administrator may approve a State brownfield program and make grants to State to be used for purposes of decontamination and remediation of brownfield sites to make such sites available for proposed new uses. Grants under the section may also be used for technical assistance. (b) Applications.--Any State may submit an application to the Administrator for approval of a State program under this section. An application shall be in such form as the Administrator determines appropriate. At a minimum, the application shall include each of the following: (1) Assurance that adequate oversight and enforcement authorities will be available. (2) Evidence of active State brownfields cleanup programs. (3) Opportunity for public participation. (4) Sufficient technical assistance. (5) Adequate oversight to ensure that remediation complies with State laws. (6) Certification to owners and prospective purchaser that cleanup is completed. (7) Evidence of a proposed use for the site after the remediation has been completed. (8) Streamlined procedures to ensure expeditious brownfield remediation. The Administrator shall approve the program if he determines that it meets the requirements of paragraphs (1) through (8). (c) Grants.--The Administrator may make grants under this section to any State for the purposes of decontamination and remediation of brownfield sites pursuant to an approved State program. (d) Cleanup Standards.--All decontamination and remediation activities carried out under an approved State brownfields cleanup program shall comply with applicable provisions of State law. No action may be taken by the United States under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) for the decontamination or remediation of any brownfield site at which decontamination or remediation is being carried out under an approved State brownfield cleanup program, and no action for recovery of costs or damages arising from a release or threatened release of hazardous substances at any brownfield site may be brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 against any person who is, or who has, engaged in the cleanup of such site under a State program approved under this section. (e) Withdrawal of Approval.--Whenever the Administrator determines after public hearing that a State is not administering and enforcing a qualified program in accordance with the requirements of this section, the Administrator shall notify the State in writing of such determination. If appropriate corrective action is not taken by the State within 120 days after receipt of the notice, the Administrator shall withdraw the approval of the program and publish a notice of this action in the Federal Register, after which the State program shall cease to be an approved program and shall not be eligible to receive further Federal funds under this Act. (f) Status Reports.--States with programs approved under this section shall report to the Administrator at the end of each calendar year with regard to whether or not the program continues to meet the requirements of this section.

Makes available to the Administrator of the Environmental Protection Agency a specified fraction of amounts in the Hazardous Substance Superfund for each fiscal year for a program of grants to States to be used for decontamination and remediation of brownfield sites to make such sites available for proposed new uses. Defines a "brownfield site" as a parcel of land that was previously used for industrial purposes but is contaminated with hazardous or toxic waste and not currently used for any purpose. Prohibits, with respect to a site at which decontamination or remediation is being carried out under an approved State brownfield cleanup program, any action for: (1) decontamination or remediation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act; and (2) recovery of costs or damages arising from a hazardous substance release or threatened release under CERCLA against a person who is engaging or has engaged in the cleanup of such a site under a State program approved under this Act. Imposes reporting requirements upon participating States.

To set aside a portion of the funds available under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to be used encourage the redevelopment of marginal brownfield sites, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Screening Confidential Data Privacy Act''. SEC. 2. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR DISTRIBUTION OF SECURITY SCREENING IMAGES. (a) In General.--Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY SCREENING IMAGES ``Sec. ``2731. Criminal penalty for unauthorized recording and distribution of security screening images. ``Sec. 2731. Criminal penalty for unauthorized recording and distribution of security screening images ``(a) In General.--Except as specifically provided in subsection (b), it shall be unlawful for an individual-- ``(1) to photograph or otherwise record an image produced using advanced imaging technology during the screening of an individual at an airport or upon entry into any building owned or operated by the Federal Government without express authorization pursuant to a Federal law or regulation; or ``(2) to distribute any such image to any individual who is not authorized pursuant to a Federal law or regulation to receive the image. ``(b) Exceptions.-- ``(1) Recordings to be used in criminal prosecution.--The prohibition under subsection (a) shall not apply to an individual who, during the course and within the scope of the individual's employment, records or distributes an image described in subsection (a) solely to be used in a criminal investigation or prosecution. ``(2) Liability of journalists.--The prohibition under subsection (a) shall not apply to a journalist that publishes an image described in that subsection if the journalist has a good faith belief that the image was not recorded or distributed in violation of that prohibition. ``(c) Penalty.--An individual who violates the prohibition in subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both. ``(d) Definitions.--In this section: ``(1) Advanced imaging technology.--The term `advanced imaging technology'-- ``(A) means a device that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and ``(B) may include devices using backscatter x-rays or millimeter waves and devices referred to as `whole- body imaging technology' or `body scanning'. ``(2) Journalist.--The term `journalist'-- ``(A) means a person who-- ``(i) with the primary intent to investigate events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest, regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes on such matters by-- ``(I) conducting interviews; ``(II) making direct observation of events; or ``(III) collecting, reviewing, or analyzing original writings, statements, communications, reports, memoranda, records, transcripts, documents, photographs, recordings, tapes, materials, data, or other information whether in paper, electronic, or other form; ``(ii) has such intent at the inception of the process of gathering the news or information sought; and ``(iii) obtains the news or information sought in order to disseminate the news or information by means of print (including newspapers, books, wire services, news agencies, or magazines), broadcasting (including dissemination through networks, cable, satellite carriers, broadcast stations, or a channel or programming service for any such media), mechanical, photographic, electronic, or other means; ``(B) includes a supervisor, employer, parent company, subsidiary, or affiliate of a person described in subparagraph (A); and ``(C) does not include any person who is-- ``(i) a foreign power or an agent of a foreign power, as those terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); ``(ii) a member or affiliate of a foreign terrorist organization designated under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); ``(iii) any person whose property and interests in property are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism), Executive Order 12947 (60 Fed. Reg. 5079; prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process), or any other executive order relating to terrorism; ``(iv) committing or attempting to commit the crime of terrorism, as that offense is defined in section 2331(5) or 2332b(g)(5) of title 18, United States Code; ``(v) committing or attempting to commit the crime of providing material support or resources, as that term is defined in section 2339A(b)(1) of title 18, United States Code, to a terrorist organization; or ``(vi) aiding, abetting, or conspiring in illegal activity with a person described in clause (i), (ii), (iii), (iv), or (v).''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 123 the following: ``124. Unauthorized recording and distribution of security 2731''. screening images.

Security Screening Confidential Data Privacy Act - Amends the federal criminal code to impose a fine and/or prison term of up to one year on any individual who: (1) photographs or otherwise records an image produced using advanced imaging technology during the screening of an individual at an airport or upon entry into any building owned or operated by the federal government without express authorization pursuant to a federal law or regulation; or (2) distributes such image to any individual who is not authorized pursuant to a federal law or regulation to receive it. Exempts: (1) individuals who record or distribute an image soley to be used in a criminal investigation or prosecution; and (2) journalists who publish an image in good faith that the image was not recorded or distributed in violation of such prohibition.

A bill to impose a criminal penalty for unauthorized recording or distribution of images produced using advanced imaging technology during screenings of individuals at airports and upon entry to Federal buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Credit Facility Review Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In August 2007, liquidity abruptly dried up in credit and securities markets. (2) This lack of access to affordable credit was initially limited to financial firms with interests in mortgage-backed securities that contained subprime and predatory mortgages. (3) The lack of access to credit quickly spread throughout the financial services industry, and eventually worldwide. (4) At the inception of the financial crisis, the Board of Governors of the Federal Reserve System responded by exercising its authorities in the traditional manner to effect the Federal funds rate target, which culminated in a December 16, 2008, decision to establish a Federal funds rate target range of 0 percent to 0.25 percent. (5) The Board of Governors of the Federal Reserve System, as it employed its traditional tools to provide liquidity and stability to the financial markets, came to acknowledge the severity of the current crisis by exercising its authority to act in response to ``unusual and exigent circumstances''. (6) The Federal Reserve has exercised its authority to address ``unusual and exigent circumstances'' no less than 11 times since the beginning of the financial crisis. (7) Before this financial crisis, the Board of Governors of the Federal Reserve System last exercised its authority to address ``unusual and exigent circumstances'' in 1934. (8) In connection with the Board of Governors of the Federal Reserve System's efforts to address unusual and exigent circumstances, the Board extended assistance to nonmember institutions, something it had not done since 1959. (9) In connection with the Board of Governors of the Federal Reserve System's efforts to address unusual and exigent circumstances, the Board has purchased debt obligations from government-sponsored enterprises, something it had not done since 1981. (10) In the course of the crisis, the Federal Reserve established joint programs with the Department of the Treasury to aid financial markets, such as the guarantee of Citigroup's and Bank of America's assets, the Term Asset-Backed Securities Lending Facility, and the Public-Private Partnership Investment Program. (11) On February 10, 2009, Chairman Ben Bernanke affirmed his commitment to transparency when he testified to the Committee on Financial Services of the House of Representatives that ``the Federal Reserve is committed to keeping the Congress and the public informed about its lending programs and balance sheet''. SEC. 3. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES. Section 714 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(e) Reviews of Credit Facilities of the Federal Reserve System.-- ``(1) In general.--Subject to paragraph (3) and notwithstanding any limitation in subsection (b) on the auditing and overseeing of certain functions of the Board of Governors of the Federal Reserve System or any Federal reserve bank, the Comptroller General may conduct reviews, including onsite examinations when the Comptroller General determines such actions are appropriate, of credit facilities established by the Board or any Federal reserve bank, and of the establishment of such credit facilities by the Board or any Federal reserve bank-- ``(A) in carrying out any action or function approved by the Board under the 3rd undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343) as the lender of last resort; or ``(B) in providing temporary assistance to private institutions as the lender of last resort. ``(2) Description.--As of the date of the enactment of the Federal Reserve Credit Facility Review Act of 2009, the credit facilities to which this subsection applies include the following: ``(A) Money Market Investor Funding Facility. ``(B) Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility. ``(C) Term Asset-Backed Securities Loan Facility. ``(D) Term Auction Facility. ``(E) The Primary Dealer Credit Facility. ``(F) The Commercial Paper Funding Facility. ``(G) The Term Securities Lending Facility, including the Term Securities Lending Facility Options Program ``(H) Maiden Lane, LLC. ``(I) Maiden Lane II, LLC. ``(J) Maiden Lane III, LLC. ``(K) The Revolving Credit Facility. ``(L) Reciprocal currency arrangements with foreign central banks. ``(M) Mortgage Backed Securities Purchase Program, as well as the purchase of debt obligations from a Government Sponsored Enterprise. ``(N) Any special purpose vehicle through which any such credit facility conducts any activity or lending. ``(3) Termination of authority.--Paragraph (1) shall cease to apply after the expiration of the 5-year period beginning on the date of the enactment of this subsection. ``(4) Report.-- ``(A) Required.--A report on each review conducted under paragraph (1) shall be submitted by the Comptroller General to the Congress before the end of the 90-day period beginning on the date on which such review is completed. ``(B) Contents.--The report under subparagraph (A) shall include a detailed description of the findings and conclusion of the Comptroller General with respect to the review that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate.''. SEC. 4. ACCESS TO RECORDS. (a) Access to Records.--Section 714(d)(1) of title 31, United States Code, is amended-- (1) in the first sentence, by inserting ``or any credit facility established by an agency'' after ``an agency''; and (2) by inserting after the first sentence the following: ``The Comptroller General shall have access to the officers, employees, contractors, and other agents and representatives of any agency or any credit facility established by an agency (as specified in subsection (e)) at any reasonable time as the Comptroller General may request. The Comptroller General may make and retain copies of such records as the Comptroller General determines appropriate.''. (b) Unauthorized Access.--Section 714(d)(2) of title 31, United States Code, is amended-- (1) by inserting ``, copies of any records,'' after ``records''; and (2) by inserting ``or any credit facility established by an agency (as specified in subsection (e))'' after ``agency''.

Federal Reserve Credit Facility Review Act of 2009 - Authorizes the Comptroller General to conduct reviews, including onsite examinations, of any credit facility established by the Federal Reserve Board or any federal reserve bank, and of its establishment as the lender of last resort, including when it provides temporary assistance to private institutions as the lender of last restort. Specifies the credit facilities to which this Act applies. Terminates such authorization five years after the enactment of this Act. Grants the Comptroller General access to all records and property of any such credit facility, as well as to its officers, employees, contractors, and other agents and representatives.

To amend title 31, United States Code, to authorize reviews by the Comptroller General of the United States of any credit facility established by the Board of Governors of the Federal Reserve System or any Federal reserve bank during the current financial crisis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shirley A. Chisholm United States- Caribbean Educational Exchange Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Caribbean.--The term ``Caribbean'' includes-- (A) the member countries of the Caribbean Community (CARICOM), but does not include any country having observer status in CARICOM; (B) the member countries of the Association of Caribbean States (ACS), but does not include any country having observer status in the ACS. (2) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of State. (3) Administrator.--Except as otherwise provided, the term ``Administrator'' means the Administrator of the United States Agency for International Development. (4) United states cooperating agencies.--The term ``United States cooperating agencies'' means any nongovernmental organization having United States citizenship that is designated by the Secretary to carry out the program authorized under section 6. (5) Secondary school.--The term ``secondary school'' means a school that serves students in any of the grades 9 through 12 or equivalent grades in a foreign education system as determined by the Secretary, in consultation with the Secretary of Education. (6) Undergraduate.--The term ``undergraduate'' means a college or university student working toward an associate-level or bachelor's degree. (7) Graduate.--The term ``graduate'' means a student pursuing a degree beyond the bachelor's level. (8) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. SEC. 3. FINDINGS. Congress finds the following: (1) The United States and the Caribbean have enjoyed long- standing friendly relations. (2) As an important regional partner for trade and democratic values, the Caribbean constitutes a ``Third Border'' of the United States. (3) The decrease in tourism revenue in the aftermath of the tragic terrorist attacks on September 11, 2001, had an adverse affect on the Caribbean. (4) According to a 2005 World Bank Report on the Caribbean, unemployment, particularly youth unemployment, has severe implications on poverty and income distributions, as well as drug trafficking and addiction. (5) The World Bank Report also concludes that better synchronization is needed between current Caribbean curricula and the skills needed in an evolving job market and economy. (6) Many Caribbean leaders have linked the increase in crime to a decrease in economic alternatives. Consequently, United States and Caribbean leaders have highlighted the need for increased educational opportunities for Caribbean students. (7) By enhancing United States cultural and educational exchange programs in the Caribbean, regional security is improved by expanding human resources and providing opportunities that promote economic growth. (8) Many Caribbean leaders studied at the undergraduate or graduate level in the United States before returning to their respective countries to contribute towards the strengthening of democracy, the economy, or the provision of social services. (9) From 2003 through 2005, 217 Caribbean leaders participated in exchange programs with the United States that focused on good governance, combating drug trafficking, anti- corruption, and other regional issues of concern. (10) The Department of State currently administers public outreach programs that include cultural, academic, and citizen exchange initiatives in Caribbean countries through the Embassy Public Affairs Sections with support from the Office of Public Diplomacy in the Bureau of Western Hemisphere Affairs. (11) In some Caribbean countries, the United States Agency for International Development coordinates the Center of Excellence for Teacher Training (CETT), a successful Presidential initiative that emphasizes teacher training as a key to the development of a competitive work force. (12) In Anguilla, Antigua and Barbuda, the Bahamas, Barbados, Belize, the Cayman Islands, the Dominican Republic, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago, the Bureau of Educational and Cultural Affairs sponsors educational advisors to promote study in the United States. (13) In the 2004-2005 academic year, approximately 14,000 Caribbean students were enrolled in United States universities. SEC. 4. STATEMENT OF PURPOSE. The purpose of this Act is to develop two comprehensive educational initiatives targeted toward the Caribbean. The first will establish a system for United States-Caribbean educational exchange programs, and the second will develop a plan to enhance teacher training and community involvement in early education in the region. SEC. 5. AVOIDANCE OF DUPLICATION. The Secretary, acting through the Under Secretary for Public Diplomacy, shall consult with the Administrator and the Secretary of Education to ensure that-- (1) activities under this act are not duplicative of other efforts in the Caribbean; and (2) partner institutions in the Caribbean and United States cooperating agencies are creditable. SEC. 6. SHIRLEY CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM. (a) In General.--To carry out the purpose of this section, the Secretary of State, acting through the Under Secretary for Public Diplomacy, is authorized to establish a Caribbean international exchange visitor program, to be known as the ``Shirley Chisholm United States-Caribbean Educational Exchange Program'', under which-- (1) secondary students from the Caribbean would-- (A) attend a public equivalent school in the United States; (B) participate in activities designed to promote a greater understanding of United States values and culture; and (C) have the option to live with a United States host family and experience life in a United States host community; and (2) undergraduate, graduate students, and scholars from the Caribbean would-- (A) attend a private or public college or university in the United States; (B) participate in activities designed to promote a greater understanding of United States values and culture; and (C) have the option to live with a United States host family and experience life in a United States host community. (b) Percentage Requirement.--Not less than 75 percent of Program participants may be from member countries of CARICOM. (c) Collaboration.--The Secretary shall collaborate with Caribbean counterparts to establish similar exchange opportunities for United States secondary, undergraduate, graduate students, and scholars. (d) Cooperation.-- (1) In general.--The Secretary shall cooperate with United States cooperating agencies to develop and implement the Program. (2) Eligibility for federal funding.--The cooperating agencies shall be eligible for Federal funds and may request assistance from other private donors to assist in the implementation of the Program. (3) Scholarships.--The cooperating agencies may offer, on a merit and need-based basis, scholarships to eligible United States and Caribbean participants. SEC. 7. CARIBBEAN EDUCATIONAL DEVELOPMENT PROGRAMS. The Administrator, acting through the Assistant Administrator for Latin America and the Caribbean, shall develop a comprehensive program that extends and expands existing primary and secondary school initiatives in the Caribbean to provide-- (1) teacher training methods; and (2) increased community involvement in school activities. SEC. 8. PUBLIC PRIVATE VENTURE. Where possible for the purposes of implementing sections 6 and 7, the Secretary, the Administrator, and cooperating agencies are authorized to solicit funding from private sources. SEC. 9. REPORTING REQUIREMENTS. (a) Initial Report.--Not later than three months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report setting forth plans to implement sections 6 and 7. The report shall include-- (1) an estimate of the number of participating students from each country; (2) an identification of United States cooperating agencies; and (3) a schedule for implementation of the Shirley Chisholm United States-Caribbean Educational Exchange Program. (b) Subsequent Reports.--The Secretary shall submit to the appropriate congressional committees regular reports upon the request of such committees or their Members. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President to carry out this Act such sums as may be necessary for each of fiscal years from 2007 through 2017. (b) Sense of Congress.--It is the sense of Congress that not less than $6,000,000 in additional funding above the amount that is otherwise authorized to be appropriated for educational exchange programs should be made available for each of fiscal years 2007 through 2017 to carry out this Act, as follows: (1) $4,000,000 for the Shirley Chisholm United States- Caribbean Educational Exchange Program administered by the Department of State under section 6; and (2) $2,000,000 for Caribbean educational development programs administered by the United States Agency for International Development under section 7.

Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2006 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, and graduate students from the Caribbean would attend U.S. schools, participate in activities designed to promote a greater understanding of U.S. values and culture, and have the option to live with a U.S. host family. Directs the United States Agency for International Development (USAID) to develop a comprehensive program that extends and expands existing primary and secondary school initiatives in the Caribbean to provide: (1) teacher training methods; and (2) increased community involvement in school activities.

To authorize assistance to the countries of the Caribbean to fund educational development and exchange programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Reserve Trust Act''. SEC. 2. STATE OBLIGATION TO PROVIDE CHILD SUPPORT RESERVE TRUST SYSTEM. Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (32) by striking ``and'' at the end; (2) in paragraph (33) by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (33) the following new paragraph: ``(34) provide that, on and after January 1, 2000, the State agency will have in effect a State reserve trust system that meets the requirements of section 454C.''. SEC. 3. REQUIREMENTS OF CHILD SUPPORT RESERVE TRUST SYSTEM. The Social Security Act is amended by inserting after section 454B (42 U.S.C. 654b) the following new section: ``SEC. 454C. RESERVE TRUST SYSTEM. ``(a) In General.--In order for a State to meet the requirements of this section, the State must-- ``(1) have in effect laws requiring the use of the procedures described in subsection (b); and ``(2) establish and operate a unit (which shall be known as the State reserve trust unit) that has authority to carry out, and shall carry out, such laws and procedures. ``(b) Required procedures.--The procedures described in this subsection are procedures to carry out the following: ``(1) Withholding of anticipated future child support.--On any sale or refinancing by a person of any real property in the State against which a lien for amounts of overdue support owed by the person has ever arisen, without regard to whether such lien has ever been extinguished, the State reserve trust unit shall-- ``(A) withhold the net proceeds of the person from the sale or refinancing; ``(B) apply the net proceeds withheld under subparagraph (A) to any overdue support owed by the person; ``(C) determine the anticipated future child support of the person; ``(D) hold in trust, for the benefit of the child or children for whom the person has a support obligation, an amount equal to the lesser of-- ``(i) the anticipated future child support determined under subparagraph (C); and ``(ii) the net proceeds withheld under subparagraph (A), as reduced by any application of such proceeds under subparagraph (B); and ``(E) distribute to the person any amounts not held in trust under subparagraph (D). ``(2) Application of amounts withheld to overdue child support.--If a person owes overdue child support with respect to a child, and the State reserve trust unit holds in trust amounts withheld from the person for the benefit of the child, the State reserve trust unit shall promptly apply such amounts to satisfy such overdue child support, if the State reserve trust unit determines that all other remedies available under the laws of the State are insufficient to satisfy the overdue child support. ``(3) Adjustment of amounts withheld.--If the State reserve trust unit holds in trust amounts withheld from a person for the benefit of a child, and the support obligation of the person with respect to the child is adjusted under otherwise available State procedures, the State reserve trust unit shall promptly-- ``(A) redetermine the anticipated future child support of the person with respect to the child; and ``(B) if the amounts held in trust are less than the anticipated future child support as redetermined under subparagraph (A), distribute the difference to the person. ``(4) Termination of trust.--If the State reserve trust unit holds in trust amounts withheld from a person for the benefit of a child, the State reserve trust unit shall distribute the amounts to the person if-- ``(A) the person does not owe overdue child support with respect to the child; and ``(B) the support obligation of the person with respect to the child has finally ceased. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Anticipated future child support.--The term `anticipated future child support' means the present value of each child support payment that will come due under the support obligation of the person, assuming that the support obligation will finally cease solely because the child has attained an age requiring the termination of the support obligation. ``(2) Finally cease.--The term `finally cease' means to cease-- ``(A) because the person or the child has died; ``(B) because the child has attained an age requiring the termination of the support obligation; ``(C) because the relationship of parent and child has been terminated by a final judicial act, such as an order establishing nonpaternity or an order emancipating the child; or ``(D) because of any other circumstance that results in cessation under State law that is permanent, substantial, and not solely a change in custody.''.

Requires a State reserve unit to: (1) withhold the net proceeds from the sale or refinancing of real property in the State against which a lien for overdue child support by the seller or refinancer has arisen; (2) hold a certain amount of such proceeds (anticipated future child support) in trust for the benefit of the child or children for whom the person has a support obligation; and (3) apply such amounts to satisfy such overdue child support, if all other available remedies are insufficient to do so.

Child Support Reserve Trust Act

Section 1.--(a) The Secretary of the Interior (``Secretary'') shall enter into expedited negotiations with the Alaska Native Village Corporations of Tyonek Native Corporation, Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., Seldovia Native Association, Inc., and Knikatnu, Inc. for the purpose of conveying to the Village Corporations, within 180 days of enactment of this Act, the lands described in paragraph (d) as ``West Side Lands'' or other lands or interests therein in the Cook Inlet Region of Alaska or other appropriate alternative financial consideration, as the Secretary and the Village Corporations may agree satisfies the obligations of this Act in partial fulfillment of the acreage entitlement of each Village Corporation under the Alaska Native Claims Settlement Act of 1971, (``Settlement Act''). If the Secretary successfully completes negotiation with a Village Corporation within 180 days of enactment of this Act, then, as to reach such Village Corporation which has reached an agreement with the Secretary, the conveyance obligation provided in subsection (b) of this Act shall be suspended and the Secretary shall within 90 days convey to each such Village Corporation such lands and interests in lands in the Cook Inlet Region of Alaska or provide other appropriate alternative financial consideration provided for in the agreement with the affected Village Corporation. The Secretary shall consult with Cook Inlet Region, Inc. (``CIRI'') regarding to CIRI's subsurface entitlement underlying the surface estate of each Village Corporation named in this subsection. (b) If, within 80 days of enactment of this Act, the Secretary has been unable to reach agreement with a Village Corporation named in subsection (a), then, as to each such Village Corporation, the Secretary shall within 210 days after enactment of this Act convey all right, title, and interest of the United States in and to the surface estate of 50 percentum of the West Side Lands in order of existing Village Corporation selection priority made in 1974. If the Secretary does not complete the conveyances described in the first sentence of this subsection within 210 days of enactment of this Act, then such conveyances will occur by operation of law 240 days after enactment of this Act. Title to the lands described in this subsection shall be vested in the Village Corporations with regard to whether such selections are listed in appendix A or appendix C of the Deficiency Agreement dated August 31, 1976. (c)(1) Immediately upon completion of the conveyances described in subsection (b), the Secretary shall enter into expedited negotiations with the Village Corporations named in subsection (a) for the purpose of completing the conveyance to the Village Corporations of any remaining West Side Lands which were not conveyed to the Village Corporations pursuant to subsection (b) of this Act or alternative lands or interests in lands in the Cook Inlet Region of Alaska or such other appropriate alternative financial considerations. If within 180 days of completion of the conveyances described in subsection (b), the Secretary has been unable to reach agreement with any of the Village Corporations named in subsection (a), then the Secretary shall file a report with the Committee on Energy and Natural Resources of the United States Senate and the Resources Committee of the United States House of Representatives describing the course of negotiations and explaining why, in the Secretary's view, no agreement was reached. (2) If the Secretary has been unable to reach agreement as described in subsection (c) of this Act with a Village Corporation named in subsection (a), litigation may be commenced to seek conveyance of the remaining lands described in appendix C of the Deficiency Agreement dated August 31, 1976, at any time within twelve months of enactment of this Act, by any of the five affected village corporations or CIRI. Exclusive jurisdiction over such action is vested in the United States District Court for the District of Alaska. If such litigation is commenced, trial de novo to the court shall be held and the Deficiency Agreement shall be construed as an agreement for the benefit of Alaska Natives as Native Americans consistent with the Federal trust responsibility. (d) The ``West Side Lands'' are those lands selected by the Village Corporations pursuant to section 12(a) of the ``Settlement Act'' as determined by the order of existing Village Corporation selection priority ranking made by rounds in 1974, and on file with the Secretary and the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives and legally described as follows: To Chickaloon-Moose Creek Native Association, Inc.: Seward Meridan, Alaska Township 1 North, Range 20 West (Unsurveyed) Sections 24, 25, and 36 (fractional). To Knikatnu, Inc.: Seward Meridan, Alaska Township 1 South, Range 20 West (Unsurveyed) Section 1 (fractional) Township 3 South, Range 20 West (Unsurveyed) Section 3 (fractional) Section 4 and 9. Township 1 South, Range 20 West (Unsurveyed) Section 9 (fractional). To Ninilchik Native Association, Inc.: Seward Meridian, Alaska Township 1 South, Range 19 West (Unsurveyed) Sections 29 and 32 (fractional). Township 2 South, Range 19 West (Unsurveyed) Sections 6 and 18 (fractional). Township 2 South, Range 20 West (Unsurveyed) Section 1 (fractional). Sections 6 and 14; Sections 23, 24, and 26 (fractional). Sections 32 and 33; Sections 34 and 35 (fractional). Township 3 South, Range 20 West (Unsurveyed) Section 10 (fractional) Township 3 South, Range 21 West (Unsurveyed) Sections 13 and 19 through 24, inclusive; Section 25 (fractional) Sections 32 and 34 (fractional). Township 1 North, Range 20 West (Unsurveyed) Sections 6 through 8 (fractional), inclusive; Section 16; Sections 22 and 23 (fractional); Section 26. Township 4 North, Range 19 West (Unsurveyed) Sections 20 and 36. To Seldovia Native Association, Inc.: Seward Meridian, Alaska Township 2 South, Range 20 West (Unsurveyed) Section 13 (fractional). Township 3 South, Range 20 West (Unsurveyed) Sections 7 and 8; Section 16 (fractional); Sections 17 and 18; Sections 19 and 20 (fractional). To Tyonek Native Corporation: Seward Meridian, Alaska Township 1 South, Range 20 West (Unsurveyed) Section 2 (fractional); Section 3. Township 2 South, Range 21 West (Unsurveyed) Section 36. Township 2 South, Range 20 West (Unsurveyed) Section 12 (fractional); Section 31. Township 3 South, Range 20 West (Unsurveyed) Sections 15, 21, and 30 (fractional). Township 3 South, Range 21 West (Unsurveyed) Section 26; Section 27 and 28 (fractional); Sections 29 through 31 (fractional), inclusive; Sections 33, 35, and 36 (fractional). Township 1 North, Range 20 West (Unsurveyed) Section 15 (fractional); Section 35. Aggregating approximately 29,900 acres, more or less. (e) All conveyances made under this Act shall be made in accordance with Section 12(a), 14(f), and 17(b) of the Settlement Act. (f) Nothing in this Act shall be construed to increase or decrease the entitlement under the Settlement Act of any Village Corporation named in this Act or of CIRI.

Directs the Secretary of the Interior to enter into expedited negotiations with the Alaska Native Village Corporations of Tyonek Native Corporation, Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., and Knikatnu, Inc. to convey to the Village Corporations certain lands or interests in the Cook Inlet Region of the State of Alaska or other alternative financial consideration in partial fulfillment of the acreage entitlement of each Village Corporation under the Alaska Native Claims Settlement Act of 1971. Sets forth provisions concerning the inability to reach an agreement between the Secretary and a Village Corporation.

A bill to provide for expedited negotiations between the Secretary of the Interior and the villages of Chickaloon-Moose Creek Native Association, Inc., Ninilichik Native Association, Inc., Seldovia Native Association, Inc., Tyonek Native Corporation and Knikatnu, Inc. regarding the conveyances of certain lands in Alaska Under the Alaska Native Claims Settlement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gross Overcharging Undermines Gasoline Economics Act''. SEC. 2. FINDINGS. Congress finds the following: (1) From May 2004 to May 2005, average United States gasoline prices rose by 24 percent, according to the Energy Information Administration. (2) Most United States oil companies showed huge profits last year, some as much as 200 percent. The American people have paid over and above their fair share of this increased cost. Consumers have been at the whim of oil companies who use record-breaking oil prices to make record-breaking profits. (3) Although 24 States have consumer protection statutes to restrict prices that are ``unconscionable'', ``excessive'', or ``grossly in excess'' of a specified amount, in all but one of those States the prohibition applies only during a state of emergency or natural disaster. (4) While consumers express concerns about being ``gouged'' when prices spike at the gas pump, there is no legal definition of gouging. The Federal Trade Commission has never found a violation of Federal antitrust laws related to gasoline price spikes. An in-depth investigation of the entire oil industry is necessary to determine whether extra charges are driven by collusion among oil companies or simply by legitimate market influences. (5) With only a few nominal exceptions, gas prices are expected to increase indefinitely. Higher fuel costs impact all methods of transportation. As a result, the increased cost of goods and services puts an even greater financial burden on consumers. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``base price index'' means the average of the closing unit price on the New York Mercantile Exchange, for contracts to purchase regular unleaded gasoline during the subsequent calendar month, for the 10 days in each of the most recent 2 preceding years which correspond to the 10 most recent trading days; and (2) the term ``rate of inflation'' means the average consumer price index for all urban consumers, not seasonally adjusted, which corresponds to the time period between the days used for calculating the base price index under paragraph (1). SEC. 4. GASOLINE PRICE GOUGING. (a) Prohibition.--No person shall sell gasoline at retail for a price that exceeds the base price index multiplied by twice the rate of inflation, as adjusted according to the regional price structure index developed under subsection (b). (b) Regional Price Structure Index.--Not later than 30 days after the date of enactment of this Act, the Secretary of Energy shall develop a regional price structure index to reflect regional variances in gasoline reformulation requirements and transportation costs. (c) Penalty.--The Secretary of Energy shall assess a civil penalty for a violation of subsection (a) in the amount of-- (1) not less than $5,000 for a first offense; (2) not less than $10,000 for a second offense; and (3) not more than $25,000 for any subsequent offense. (d) Offenses.--Each day on which a person violates subsection (a) shall constitute a separate offense for purposes of subsection (c). (e) Effective Date.--This section, except for subsection (b), shall take effect 90 days after the date of enactment of this Act. SEC. 5. FEDERAL TRADE COMMISSION REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Federal Trade Commission shall transmit to Congress a report that-- (1) examines passive and active collusion to set gasoline prices; (2) examines antitrust practices throughout all supply chains in the oil industry; and (3) recommends policies to protect consumers against gasoline price gouging. SEC. 6. STRATEGIC PETROLEUM RESERVE. (a) Findings.--Congress finds that-- (1) the Strategic Petroleum Reserve was created to enhance the physical and economic security of the United States; (2) the Energy Policy and Conservation Act allows the Strategic Petroleum Reserve to be used to provide relief when oil and gasoline supply shortages cause economic hardship; (3) the proper management of the resources of the Strategic Petroleum Reserve could provide gasoline price relief to families of the United States and provide the United States with a tool to counterbalance the Organization of Petroleum Exporting Countries' supply management policies; and (4) the United States current policy of filling the Strategic Petroleum Reserve despite the fact that the Strategic Petroleum Reserve is more than 98 percent full could further exacerbate the rising price of crude oil and record high retail price of gasoline. (b) Price Protection Measures.-- (1) Initial measures.--For the period beginning on the date of enactment of this Act and ending on the date that is 30 days after such date of enactment-- (A) the Secretary of Energy shall not acquire any new petroleum products for, or place any petroleum products in, the Strategic Petroleum Reserve; and (B) the Secretary of Energy shall release from the Strategic Petroleum Reserve 1,000,000 barrels of oil per day. (2) Subsequent measures.--If the President finds it necessary, to lower the burden of gasoline prices on the economy of the United States and to circumvent the efforts of the Organization of Petroleum Exporting Countries to reap windfall crude oil profits, the Secretary may continue the measures described in paragraph (1)(A) and (B) for an additional 30 days. SEC. 7. PRICING AND ECONOMIC IMPACT COMMISSION. (a) Establishment.--The Secretary of Energy shall establish a commission to be known as the ``Pricing and Economic Impact Commission'' (in this section referred to as the ``Commission''). (b) Duties of Commission.--Not later than 1 year after the date of enactment of this Act, the Commission shall transmit to Congress a report containing recommendations on the effect of this Act on-- (1) domestic oil production; (2) foreign oil imports; (3) profits of the oil industry; (4) inflation; (5) employment; (6) economic growth; (7) Federal revenues; and (8) national security. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 23 members as follows: (A) 11 members appointed by the President. These shall include no less than 1 member from each of the Environmental Protection Agency, the Department of Transportation, the Department of Energy, the Department of Commerce, the Council of Economic Advisors, and the Office of Science and Technology. (B) 6 members appointed by the House of Representatives, of whom 3 shall be appointed by the Speaker of the House of Representatives and 3 shall be appointed by the minority leader. (C) 6 members appointed by the Senate, of whom 3 shall be appointed by the majority leader and 3 shall be appointed by the minority leader. (2) Qualifications.--In making appointments under this subsection, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise. (3) Terms and vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Pay and travel.--Each member of the Commission, other than a full-time officer or employee of the United States-- (A) shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission; and (B) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) Quorum.--12 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (6) Chairman.--The Chairman of the Commission shall be elected by the members. (7) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. (d) Staff.-- (1) In general.--With the approval of the Commission, the Chairman may appoint and fix the pay of not more than six individuals for the staff of the Commission. Such individuals may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (2) Experts and consultants.--With the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (e) Powers of Commission.-- (1) Hearings.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section. (f) Authorization of Appropriations.--There will be authorized to be appropriated to carry out this section $2,000,000, to remain available until expended. (g) Termination.--The Commission shall cease to exist on the last day of the month in which its report is submitted under subsection (b).

Gross Overcharging Undermines Gasoline Economics Act - Prohibits retail sales of gasoline for a price that exceeds the base price index multiplied by twice the rate of inflation, as adjusted according to a certain regional price structure index. Instructs the Secretary of Energy to: (1) develop a regional price structure index to reflect regional variances in gasoline reformulation requirements and transportation costs; and (2) assess a civil penalty for a violation of this Act. Directs the Federal Trade Commission to report annually to Congress on: (1) passive and active collusion to set gasoline prices;(2) antitrust practices throughout all supply chains in the oil industry; and (3) recommendations to protect consumers against gasoline price gouging. Prohibits the Secretary from acquiring new petroleum products for, or placing any petroleum products in, the Strategic Petroleum Reserve (SPR). Directs the Secretary to release from the SPR one million barrels of oil per day. Establishes the Pricing and Economic Impact Commission to report to Congress on the effect of this Act upon: (1) domestic oil production; (2) foreign oil imports; (3) profits of the oil industry; (4) inflation; (5) employment; (6) economic growth; (7) federal revenues; and (8) national security.

To provide for the assessment of a penalty to gasoline retailers who charge prices grossly in excess of the prescribed index price for gasoline.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postmasters Fairness and Rights Act''. SEC. 2. POSTMASTERS TO BE COVERED BY AGREEMENTS RELATING TO PAY POLICIES AND SCHEDULES AND FRINGE BENEFIT PROGRAMS. Section 1004 of title 39, United States Code, is amended by redesignating subsections (g) and (h) as subsections (i) and (j), respectively, and by inserting after subsection (f) the following: ``(g)(1) Within 45 days after each date on which an agreement is reached on a collective bargaining agreement between the Postal Service and the bargaining representative recognized under section 1203 which represents the largest number of employees, the Postal Service shall make a proposal for any changes in pay policies and schedules and fringe benefit programs for postmasters which are to be in effect during the same period as covered by such agreement. ``(2) The Postal Service and the postmasters' organization (or, if more than 1, all postmasters' organizations) shall strive to resolve any differences concerning the proposal described in paragraph (1). ``(3) If, within 60 days following the submission of the proposal, the Postal Service and the postmasters' organization (or organizations) are unable to reach agreement, either the Postal Service or the postmasters' organization (or organizations jointly) shall have the right to refer the dispute to an arbitration board established under paragraph (4). ``(4) An arbitration board shall be established to consider and decide a dispute arising under paragraph (3) and shall consist of 3 members, 1 of whom shall be selected by the Postal Service, 1 by the postmasters' organization (or organizations jointly), and the third by the 2 members thus selected. If either the Postal Service or the postmasters' organization (or organizations) fail to select a member within 30 days after the dispute is referred to an arbitration board under this subsection, or if the members chosen fail to agree on the third person within 5 days after their first meeting, the selection shall be made by the Director of the Federal Mediation and Conciliation Service. ``(5) The arbitration board shall give the parties a full and fair hearing, including an opportunity for each party to present evidence in support of its claims and an opportunity to present its case in person, by counsel, or by such other representative as such party may elect. Decisions by the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment. ``(6) Costs of the arbitration board shall be shared equally by the Postal Service and the postmasters' organization (or organizations), with the Postal Service to be responsible for one-half of those costs and the postmasters' organization (or organizations) to be responsible for the remainder. ``(7) Nothing in this subsection shall be considered to affect the application of section 1005.''. SEC. 3. RIGHT OF POSTMASTERS' ORGANIZATIONS TO PARTICIPATE IN PLANNING AND DEVELOPMENT OF PROGRAMS. The second sentence of section 1004(b) of title 39, United States Code, is amended by striking ``or that a managerial organization (other than an organization representing supervisors) represents a substantial percentage of managerial employees,'' and inserting ``or that a managerial organization (other than an organization representing supervisors or postmasters) represents a substantial percentage of managerial employees, or that an organization qualifies as a postmasters' organization,''. SEC. 4. POSTMASTERS AND POSTMASTERS' ORGANIZATION DEFINED. Subsection (i) of section 1004 of title 39, United States Code, as redesignated by section 2, is amended-- (1) in paragraph (1) by striking ``and'' at the end; (2) in paragraph (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(3) `postmaster' means an individual who manages, with or without the assistance of subordinate managers or supervisors, the operations of a post office; and ``(4) `postmasters' organization' means, with respect to a year, any organization of postmasters whose membership as of June 30th of the preceding year included not less than 20 percent of all individuals employed as postmasters as of that date.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 1001(e) of title 39, United States Code, is amended (in the matter before paragraph (1)) by inserting ``agreements under section 1004(g),'' after ``regulations,''. (b) Section 1003(a) of title 39, United States Code, is amended in the first sentence by inserting ``section 1004(g) of this title,'' before ``section 8G''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect after the end of the 90-day period beginning on the date of enactment of this Act.

Postmasters Fairness and Rights Act - Amends Federal law to prescribe guidelines within which the Postal Service shall propose changes in pay policies, schedules, and fringe benefit programs affecting postmasters which are to be in effect during the period covered by a collective bargaining agreement between the Postal Service and certain recognized bargaining representatives.Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits.

A bill to amend the provisions of title 39, United States Code, relating to the manner in which pay policies and schedules and fringe benefit programs for postmasters are established.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Airport Bus Act of 2003''. SEC. 2. ESTABLISHMENT OF PILOT PROGRAM. (a) Establishment.--The Secretary of Transportation shall establish a pilot program for awarding grants on a competitive basis to eligible entities for facilitating the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs under this section. (b) Requirements.--Not later than 3 months after the date of enactment of this Act, the Secretary shall establish and publish in the Federal Register grant requirements on eligibility for assistance, and on management, transfer, and ultimate disposition of buses, including certification requirements to ensure compliance with this Act. (c) Solicitation.--Not later than 6 months after the date of enactment of this Act, the Secretary shall solicit proposals for grants under this section. (d) Eligible Recipients.--A grant shall be awarded under this section only to a public agency responsible for bus service at a public airport. (e) Types of Grants.-- (1) In general.--Grants under this section may be for the purposes described in paragraph (2), paragraph (3), or both. (2) Replacement bus grants.--A grant under this section may be used for the acquisition of replacement buses pursuant to subsection (f). (3) Fleet expansion bus grants.--A grant under this section may be used for the acquisition of not more than 10 buses to expand a fleet of airport buses at any single airport. (f) Replacement Bus Grants.-- (1) Replacement.--For each bus acquired under a replacement bus grant, 1 older model year bus shall be retired from active service and crushed as provided in paragraph (2). (2) Bus acquisition.--Buses acquired under a replacement bus grant shall be acquired in the following order: (A) First, new buses will replace buses manufactured before model year 1977, and the older buses replaced shall be crushed. (B) If all buses manufactured before model year 1977 owned or operated by the grant recipient have been replaced, additional new buses will replace diesel- powered buses manufactured before model year 1991, which shall either-- (i) be crushed; or (ii) be exchanged by the grant recipient for buses manufactured before model year 1977 from another bus fleet, with that bus then being crushed. Exchanges made under subparagraph (B)(ii) shall be made without profit or other economic benefit to the grant recipient. (3) Priority of grant applications.--The Secretary shall give priority to awarding grants to applicants emphasizing the replacement of buses manufactured before model year 1977. (g) Conditions of Grant.--A grant provided under this section shall include the following conditions: (1) All buses acquired with funds provided under the grant shall be operated as part of the airport bus fleet for which the grant was made for a minimum of 5 years. (2) Funds provided under the grant may only be used-- (A) to pay the cost, except as provided in paragraph (3), of new natural gas airport buses, including State taxes and contract fees; and (B) to provide-- (i) up to 10 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 15 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. (3) The grant recipient shall be required to provide-- (A) in the case of a replacement bus acquired as described in subsection (f)(2)(A) to replace a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; (B) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(ii) to replace a diesel-powered bus manufactured before model year 1991 for exchange for a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; and (C) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(i) to replace a diesel-powered bus manufactured before model year 1991, 25 percent of the total cost of the bus, but not more than $25,000. (h) Buses.--Funding under a grant made under this section may be used to acquire only new airport buses-- (1) with a gross vehicle weight of greater than 14,000 pounds; (2) that are powered by a heavy duty engine; (3) that emit not more than-- (A) for buses manufactured in model years 2001 and 2002, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (B) for buses manufactured in model years 2003 through 2006, 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (4) that are powered substantially by electricity (including electricity supplied by a fuel cell), or by liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume. (i) Deployment and Distribution.--The Secretary shall seek to the maximum extent practicable to achieve nationwide deployment of natural gas airport buses through the program under this section, and shall ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year. SEC. 3. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM. (a) Establishment of Program.--The Secretary of Transportation shall establish a program for entering into cooperative agreements with private sector fuel cell bus developers for the development of fuel cell-powered airport buses, and subsequently with not less than 2 public agencies using natural gas-powered airport buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered airport buses. (b) Cost Sharing.--The non-Federal contribution for activities funded under this section shall be not less than-- (1) 20 percent for fuel infrastructure development activities; and (2) 50 percent for demonstration activities and for development activities not described in paragraph (1). (c) Funding.--No more than $25,000,000 of the amounts authorized under section 5 may be used for carrying out this section for the period encompassing fiscal years 2004 through 2008. (d) Reports to Congress.-- (1) Initial report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report that-- (A) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered airport buses; and (B) assesses the results of the development and demonstration program under this section. (2) Updated report.--Not later than October 1, 2006, the Secretary shall transmit to Congress a updated version of the report transmitted under paragraph (1). SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Airport bus.--The term ``airport bus'' means a bus operated by a public agency to provide transportation between the facilities of a public airport. (2) Public airport.--The term ``public airport'' has the meaning such term has under section 47102 of title 49, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation for carrying out this Act-- (1) $40,000,000 for fiscal year 2004; (2) $50,000,000 for fiscal year 2005; (3) $60,000,000 for fiscal year 2006; (4) $70,000,000 for fiscal year 2007; and (5) $80,000,000 for fiscal year 2008.

Clean Airport Bus Act of 2003 (sic) - Directs the Secretary of Transportation to establish a pilot program for: (1) awarding grants on a competitive basis to eligible entities for facilitating the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs; and (2) entering into cooperative agreements with private sector developers for the development of fuel cell-powered airport buses, and subsequently with public agencies using natural gas-powered airport buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered airport buses. Prescribes implementation guidelines.

To direct the Secretary of Transportation to establish a pilot program to facilitate the use of natural gas buses at public airports through grants for energy demonstration and commercial application of energy technology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Star-Spangled Banner and War of 1812 Bicentennial Commission Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the War of 1812 served as a crucial test for the United States Constitution and the newly established democratic Government; (2) vast regions of the new multi-party democracy, including the Chesapeake Bay, the Gulf of Mexico and the Niagara Frontier, were affected by the War of 1812; (3) the British occupation of American territory along the Great Lakes had a far-reaching effect on American society; (4) at the Battle of Baltimore, Francis Scott Key wrote the poem that celebrated the flag and later was titled ``the Star- Spangled Banner''; (5) the poem led to the establishment of the flag as an American icon and became the words of the national anthem of the United States in 1932; and (6) it is in the national interest to provide for appropriate commemorative activities to maximize public understanding of the meaning of the War of 1812 in the history of the United States. (b) Purposes.--The purposes of this Act are to-- (1) establish the Star-Spangled Banner and War of 1812 Commemoration Commission; (2) ensure a suitable national observance of the War of 1812 by complementing, cooperating with, and providing assistance to the programs and activities of the various States involved in the commemoration; (3) encourage War of 1812 observances that provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the various War of 1812 sites; (4) facilitate international involvement in the War of 1812 observances; (5) support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the War of 1812 observances; and (6) promote the protection of War of 1812 resources and assist in the appropriate development of heritage tourism and economic benefits to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of the War of 1812. (2) Commission.--The term ``Commission'' means the Star- Spangled Banner and War of 1812 Bicentennial Commission established in section 4(a). (3) Qualified citizen.--The term ``qualified citizen'' means a citizen of the United States with an interest in, support for, and expertise appropriate to the commemoration. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) States.--The term ``States''-- (A) means the States of Alabama, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and Wisconsin; and (B) includes agencies and entities of each State. SEC. 4. STAR-SPANGLED BANNER AND WAR OF 1812 COMMEMORATION COMMISSION. (a) In General.--There is established a commission to be known as the ``Star-Spangled Banner and War of 1812 Bicentennial Commission''. (b) Membership.-- (1) In general.--The Commission shall be composed of 42 members, of whom-- (A) 28 members shall be qualified citizens appointed by the Secretary after consideration of nominations submitted by the Governors of the States; (B) 3 members shall be qualified citizens appointed by the Secretary after consideration of nominations submitted by the Mayors of the District of Columbia, the City of Baltimore, and the City of New Orleans; (C) 2 members shall be employees of the National Park Service, of whom-- (i) 1 shall be the Director of the National Park Service (or a designee); and (ii) 1 shall be an employee of the National Park Service having experience relevant to the commemoration; (D) 8 members shall be qualified citizens appointed by the Secretary, of whom-- (i) 2 shall be recommended by the majority leader of the Senate; (ii) 2 shall be recommended by the minority leader of the Senate; (iii) 2 shall be recommended by the majority leader of the House of Representatives; and (iv) 2 shall be recommended by the minority leader of the House of Representatives; and (E) 1 member shall be appointed by the Secretary from among individuals with expertise in the history of the War of 1812. (2) Date of appointments.--The appointment of a member of the Commission shall be made not later than 120 days after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (d) Voting.-- (1) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum. (e) Chairperson and Vice Chairperson.-- (1) Selection.--The Commission shall select a chairperson and a vice chairperson from among the members of the Commission. (2) Absence of chairperson.--The vice chairperson shall act as chairperson in the absence of the chairperson. (f) Initial Meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (g) Meetings.--Not less than twice a year, the Commission shall meet at the call of the chairperson or a majority of the members of the Commission. SEC. 5. DUTIES. (a) In General.--The Commission shall-- (1) plan, encourage, develop, execute, and coordinate programs, observances, and activities commemorating the historic events that preceded and are associated with the War of 1812; (2) facilitate the commemoration throughout the United States and internationally; (3) coordinate the activities of the Commission with State commemoration commissions, the National Park Service, the Department of Defense, and other appropriate Federal agencies; (4) encourage civic, patriotic, historical, educational, religious, economic, tourism, and other organizations throughout the United States to organize and participate in the commemoration to expand the understanding and appreciation of the significance of the War of 1812; (5) provide technical assistance to States, localities, units of the National Park System and nonprofit organizations to further the commemoration and commemorative events; (6) coordinate and facilitate scholarly research on, publication about, and interpretation of the people and events associated with the War of 1812; (7) design, develop, and provide for the maintenance of an exhibit that will travel throughout the United States during the commemoration period to interpret events of the War of 1812 for the educational benefit of the citizens of the United States; (8) ensure that War of 1812 commemorations provide a lasting legacy and long-term public benefit leading to protection of the natural and cultural resources associated with the War of 1812; and (9) examine and review essential facilities and infrastructure at War of 1812 sites and enable necessary improvements to enhance and maximize visitor experience at the sites. (b) Strategic Plan; Annual Performance Plans.--The Commission shall prepare a strategic plan and annual performance plans for any activity carried out by the Commission under this Act. (c) Reports.-- (1) Annual report.--The Commission shall submit to Congress an annual report that contains a list of each gift, bequest, or devise to the Commission or a member of the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise. (2) Final report.--Not later than September 30, 2015, the Commission shall submit to the Secretary and Congress a final report that includes-- (A) a summary of the activities of the Commission; (B) a final accounting of any funds received or expended by the Commission; and (C) the final disposition of any historically significant items acquired by the Commission and other properties not previously reported. SEC. 6. POWERS. (a) In General.--The Commission may-- (1) solicit, accept, use, and dispose of gifts or donations of money, services, and real and personal property related to the commemoration; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action the Commission is authorized to take under this Act; (4) use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government; and (5) make grants to communities, nonprofit, commemorative commissions or organizations, and research and scholarly organizations to develop programs and products to assist in researching, publishing, marketing, and distributing information relating to the commemoration. (b) Legal Agreements.-- (1) In general.--In carrying out this Act, the Commission may-- (A) procure supplies, services, and property; and (B) make or enter into contracts, leases, or other legal agreements. (2) Length.--Any contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to be to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members of the Commission.-- (1) In general.--Except as provided in paragraph (2), a member of the Commission shall serve without compensation. (2) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (3) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (b) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Detail of Government Employee.-- (1) Federal employees.-- (A) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (B) Civil service status.--The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege. (2) State employees.--The Commission may-- (A) accept the services of personnel detailed from States (including subdivisions of States); and (B) reimburse States for services of detailed personnel. (3) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines necessary. (4) Support services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (e) Faca Nonapplicability.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (f) No Effect on Authority.--Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (1) In general.--There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2006 through 2015. (2) Availability of funds.--Amounts appropriated under this section for any fiscal year shall remain available until December 31, 2015. SEC. 9. TERMINATION OF COMMISSION. (a) In General.--The Commission shall terminate on December 31, 2015. (b) Transfer of Materials.--Not later than the date of termination, the Commission shall transfer any documents, materials, books, manuscripts, miscellaneous printed matter, memorabilia, relics, and exhibits, and any materials donated to the Commission, that relate to the War of 1812, to Fort McHenry National Monument and Historic Shrine. (c) Disposition of Funds.--Any funds held by the Commission on the date of termination shall be deposited in the general fund of the Treasury. Passed the Senate December 16, 2005. Attest: EMILY J. REYNOLDS, Secretary.

Star-Spangled Banner and War of 1812 Bicentennial Commission Act - Establishes the Star-Spangled Banner and War of 1812 Bicentennial Commission to encourage, plan, develop, coordinate, and execute programs, observances, and activities commemorating the historic events that preceded and are associated with the War of 1812. Requires the Commission to prepare a strategic plan and annual performance plans for any activity carried out by the Commission under this Act.

A bill to establish the Star-Spangled Banner and War of 1812 Bicentennial Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Banking Services Costs Assessment Act of 2001''. SEC. 2. CONSUMER BANKING COSTS ASSESSMENT. (a) In General.--Section 1002 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows: ``SEC. 1002. SURVEY OF BANK FEES AND SERVICES. ``(a) Annual Survey Required.--The Board of Governors of the Federal Reserve System shall obtain annually a sample, which is representative by type and size of the institution and geographic location, of the following retail banking services and products provided by insured depository institutions and insured credit unions (along with related fees and minimum balances): ``(1) Checking and other transaction accounts. ``(2) Negotiable order of withdrawal and savings accounts. ``(3) Automated teller machine transactions. ``(4) Other electronic transactions. ``(5) Credit Cards. ``(b) Minimum Survey Requirement.--The annual survey described in subsection (a) shall meet the following minimum requirements: ``(1) Checking and other transaction accounts.--Data on checking and transaction accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Check processing fees. ``(D) Check printing fees. ``(E) Balance inquiry fees. ``(F) Fees imposed for using a teller or other institution employee. ``(G) Stop payment order fees. ``(H) Nonsufficient fund fees. ``(I) Overdraft fees. ``(J) Deposit items returned fees. ``(K) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(2) Negotiable order of withdrawal accounts and savings accounts.--Data on negotiable order of withdrawal accounts and savings accounts shall include, at a minimum, the following: ``(A) Monthly and annual fees and minimum balances to avoid such fees. ``(B) Minimum opening balances. ``(C) Rate at which interest is paid to consumers. ``(D) Check processing fees for negotiable order of withdrawal accounts. ``(E) Check printing fees for negotiable order of withdrawal accounts. ``(F) Balance inquiry fees. ``(G) Fees imposed for using a teller or other institution employee. ``(H) Stop payment order fees for negotiable order of withdrawal accounts. ``(I) Nonsufficient fund fees for negotiable order of withdrawal accounts. ``(J) Overdraft fees for negotiable order of withdrawal accounts. ``(K) Deposit items returned fees. ``(L) Availability of no-cost or low-cost accounts for consumers who maintain low balances. ``(3) Automated teller transactions.--Data on automated teller machine transactions shall include, at a minimum, the following: ``(A) Annual and monthly fees. ``(B) Card fees. ``(C) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(D) Fees charged to customers for withdrawals, deposits, transfers between accounts, balance inquiries through machines owned by others. ``(E) Fees charged to noncustomers for withdrawals, deposits, transfers between accounts, balance inquiries through institution-owned machines. ``(F) Point-of-sale transaction fees. ``(G) Surcharges. ``(4) Other electronic transactions.--Data on other electronic transactions shall include, at a minimum, the following: ``(A) Wire transfer fees. ``(B) Fees related to payments made over the Internet or through other electronic means. ``(5) Credit card charges and fees.--Data related to credit cards shall include, at a minimum, the following: ``(A) Application fees. ``(B) Annual and monthly fees. ``(C) Rates of interest charged for purchases and cash advances, when an account is not in default. ``(D) Rates of interest charged for purchases and cash advances, when an account is in default. ``(E) Average annual finance charges paid by customers. ``(F) Late payment fees. ``(G) Cash advance and convenience check fees. ``(H) Balance transfer fees. ``(I) Over-the-credit-limit fees. ``(J) Foreign currency conversion fees. ``(6) Other fees and charges.--Data on any other fees and charges that the Board of Governors of the Federal Reserve System determines to be appropriate to meet the purposes of this section. ``(c) Annual Report to Congress Required.-- ``(1) Preparation.--The Board of Governors of the Federal Reserve System shall prepare a report of the results of each survey conducted pursuant to subsections (a) and (b). ``(2) Contents of the report.--In addition to the data required to be collected pursuant to subsections (a) and (b), each report prepared pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole, in each of the 50 States, and in each metropolitan statistical area (as defined by the Director of the Office of Management and Budget), in the cost and availability of the retail banking services, including those described in subsections (a) and (b) (including related fees and minimum balances), that delineates differences between institutions on the basis of the type of institution, the size of the institution and any engagement of the institution in multistate activity. ``(3) Submission to congress.--The Board of Governors of the Federal Reserve System shall submit an annual report to the Congress not later than June 1, 2002, and not later than June 1 of each subsequent year. ``(d) Definitions.--For purposes of this section, the term `insured depository institution' has the meaning given such term in section 3 of the Federal Deposit Insurance Act, and the term `insured credit union' has the meaning given such term in section 101 of the Federal Credit Union Act.''. (b) Repeal of Sunset Provision.--Section 108 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 is hereby repealed. (c) Nonapplicability of Other Provision of Law.--Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) shall not apply to any report required to be submitted under section 1002(b) of Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

Consumer Banking Services Costs Assessment Act of 2001- Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require the Board of Governors of the Federal Reserve System to obtain and report to Congress annually on a representative sample of enumerated retail banking services and products offered by insured depository institutions and credit unions, including related fees and minimum balances, as well as electronic transactions.

To authorize permanently an annual survey and report by the Board of Governors of the Federal Reserve System on fees charged for retail banking services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Mitigation Research and Development Policy Authorization Act of 2007''. SEC. 2. PURPOSE. It is the purpose of this Act to develop and implement a comprehensive and coordinated national weather mitigation policy and a national cooperative Federal and State program of weather mitigation research and development. SEC. 3. FINDINGS. Congress finds the following: (1) According to a 2003 report by the National Research Council, ``people in drought- and hail-prone areas willingly spend significant resources on weather mitigation programs, and in 2001 there were at least 66 operational programs being conducted in 10 States across the United States. At the same time, less than a handful of weather mitigation research programs are underway worldwide, and related research in the United States has dropped to less than $500,000 per year from a high of $20,000,000 in the late 1970s.'' The NRC report entitled ``Critical Issues in Weather Modification Research'' also states that ``a coordinated national program of weather modification research is needed''. Such a program is supported by States that need a scientific means of evaluating current programs and increasing their effectiveness through applied research. (2) Droughts in the United States result in an average economic loss between $6,000,000,000 and $8,000,000,000 annually, while severe hail producing storms result in up to $2,300,000,000 damage to crops and over $2,000,000,000 in property loss annually. Snowpack, rain enhancement, and hail suppression weather mitigation projects help reduce these losses, and additional research in these areas will make existing programs even more effective and permit them to better quantify their impacts. Recent droughts in the Western United States have produced low lake levels at Lake Powell and Lake Mead and have led the Seven Colorado River Basin States to create cooperative agreements. A separate cooperative agreement is in place for wintertime snowfall enhancement programs in the States of Utah, Colorado, and Wyoming to pursue water augmentation to benefit the entire Colorado River System. (3) Past and recent evaluations of the potential for snowpack augmentation by cloud seeding in the Colorado River Basin indicate a significant yield in runoff can be attained through properly designed projects. A 2006 evaluation by the Bureau of Reclamation of the Department of the Interior indicates the potential for 800,000 additional acre-feet of water. (4) The impacts of possible climate change and the human impact on weather are not well understood. Weather mitigation research could provide data on what, if any, impact pollution may have on the precipitation processes in cloud systems. Research into inadvertent and planned weather mitigation may increase our understanding and knowledge of any potential impacts. (5) The recent Weather Damage Modification Program conducted by the Bureau of Reclamation employed a successful model for combining local, State, and Federal resources in providing a means for scientific evaluation of operational cloud-seeding projects (rainfall and snowfall enhancement and hail suppression) in North Dakota, Oklahoma, Texas, Colorado, Utah, Nevada, and California. SEC. 4. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Weather Mitigation Advisory and Research Board established under section 5(a). (2) Executive director.--The term ``Executive Director'' means the Executive Director of the Board appointed under section 5(d). (3) Research and development.--The term ``research and development'' means theoretical analysis, exploration, experimentation, and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. SEC. 5. WEATHER MITIGATION ADVISORY AND RESEARCH BOARD ESTABLISHED. (a) Establishment.--There is established in the National Science Foundation the Weather Mitigation Advisory and Research Board to establish and coordinate the national research and development program on weather mitigation described in section 6. (b) Membership.-- (1) Composition.--The Board shall consist of 11 members appointed by the Director of the National Science Foundation as follows: (A) At least 2 members shall be representatives of States that are currently supporting operational weather mitigation programs. (B) At least 2 members shall be a representative of the National Center for Atmospheric Research of the National Science Foundation. (C) At least 1 member shall be a representative of National Aeronautics and Space Administration. (D) At least 1 member shall be a representative of the American Meteorological Society. (E) At least 1 member shall be a representative of the American Society of Civil Engineers. (F) At least 1 member shall be a representative of the National Academy of Sciences. (G) At least 1 member shall be a representative of the National Oceanic and Atmospheric Administration of the Department of Commerce. (H) At least 1 member shall be a representative of the Department of Agriculture. (I) At least 1 member shall be a representative of institutions of higher education or research institutes with experience in the field. (2) Tenure.--A member of the Board shall serve at the pleasure of the Director of the National Science Foundation. (3) Vacancies.--Any vacancy on the Board shall be filled in the same manner as the original appointment. (c) Chair and Vice Chair.--The Board shall select a Chair and Vice Chair from among its members. (d) Staff.--The Chair of the Board may appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. (e) Advisory Committees.--The Board may establish advisory committees to advise the Board and to make recommendations to the Board concerning legislation, policies, administration, research, and other matters. (f) Initial Meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (g) Meetings.--The Board shall meet at the call of the Chair. (h) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (i) Powers of the Board.-- (1) Studies, investigations, and hearings.--The Board may conduct studies, obtain information, and hold hearings necessary to carry out the purposes of this Act. (2) Cooperation with other agencies.--The Board may cooperate with public or private agencies to promote the purposes of this Act. (3) Cooperative agreements.--The Board may enter into cooperative agreements with the head of any department or agency of the United States, an appropriate official of any State or political subdivision of a State, or an appropriate official of any private or public agency or organization to conduct research and development pertaining to weather mitigation. (4) Conducting and contracting for research and development.--The Executive Director, with the approval of the Board, may conduct or contract for research and development activities in accordance with section 6. SEC. 6. NATIONAL RESEARCH AND DEVELOPMENT PROGRAM ON WEATHER MITIGATION. (a) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Executive Director shall develop and submit to Congress a plan for the establishment and coordination of the national research and development program required by section 5(a). Such plan shall-- (1) for the 10-year period beginning in the year it is submitted, establish the goals and priorities for Federal research that most effectively advance scientific understanding of weather mitigation; (2) describe specific activities required to achieve such goals and priorities, including funding of competitive research grants, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, weather modification organizations, and other expert scientific bodies, including the National Research Council report entitled ``Critical Issues in Weather Modification Research''; (5) make recommendations for the coordination of program activities with weather mitigation activities of other national and international organizations; and (6) estimate Federal funding for research activities to be conducted under the program. (b) Program Activities.--The national research and development program required by section 5(a) may include the following activities related to weather mitigation: (1) Interdisciplinary research and development and coordination of research and development and activities to improve understanding of processes relating to planned and inadvertent weather mitigation, including the following: (A) Research related to cloud and precipitation physics. (B) Cloud dynamics and cloud modeling. (C) Improving cloud seeding-related technologies. (D) Severe weather and storm research. (E) Research related to potential adverse affects of weather mitigation. (2) Coordination with relevant organizations that engage in weather mitigation research. (3) Development through partnerships among Federal agencies, State agencies with weather modification experience, and academic institutions of new technologies and approaches for weather mitigation. (4) Establishing scholarships and educational opportunities that encourage an interdisciplinary approach to weather mitigation. (5) Promotional activities in accordance with subsection (c). (6) Administering the grant program described in subsection (d). (c) Promotion of Research and Development.--In order to assist in expanding the theoretical and practical knowledge of weather mitigation, the Board shall promote and fund research and development, studies, and investigations with respect to-- (1) improved forecast and decision-making technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation. (d) Grant Program for Research and Development.-- (1) In general.--The Board may establish a grant program for the award of grants to eligible entities for research and development projects that pertain to weather mitigation. To the extent practicable, the grant program shall be modeled after both the Atmospheric Modification Program implemented by the National Oceanic and Atmospheric Administration in 1980, and the Weather Damage Modification Program implemented by the Bureau of Reclamation of the Department of the Interior in 2002. (2) Amount.--The Board may not award a grant under this subsection in an amount that-- (A) is greater than $500,000; or (B) is less than $50,000. (3) Federal share.--The Board may not award a grant under this subsection for a project if the Federal share of such project would be greater than 50 percent of the project cost, which may include in-kind services furnished by the participating State. (4) Eligible entities.--For purposes of this subsection, an eligible entity is a State agency, institution of higher education, or nonprofit organization that has-- (A) an established background and expertise in the field of weather mitigation; and (B) experience with working with and coordinating with State agencies. (5) Use of funds.--A recipient of a grant under this subsection may only use the grant for a research and development project that-- (A) pertains to weather mitigation; and (B) was in operation on the day before the date the grant was awarded. SEC. 7. ANNUAL REPORT ON ACTIVITIES. (a) In General.--Not later than January 31, and annually thereafter, the Executive Director shall prepare and submit to the President and Congress an annual report on the activities conducted pursuant to this Act during the preceding calendar year, including the following: (1) A summary of the achievements of Federal weather mitigation research, including Federally supported external research, during the preceding fiscal year. (2) An analysis of the progress made toward achieving the goals and objectives of the plan developed under section 6(a), including the identification of trends. (3) A copy or summary of the plan required by section 6(a) and any changes made to the plan. (4) A summary of agency budgets for weather mitigation activities for the preceding fiscal year. (5) Recommendations, if any, regarding additional action or legislation that may be required to assist in achieving the purposes of this Act. (6) A description of the relationship between research conducted on weather mitigation and research conducted pursuant to the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), as well as research on weather forecasting and prediction. (7) A description of any potential adverse consequences on life, property, or water resource availability from weather mitigation efforts, and any suggested means of mitigating or reducing such consequences if such efforts are undertaken. (b) First Report.--The first report required by subsection (a) shall be submitted on January 31 in the second calendar year following the date of the enactment of this Act. SEC. 8. COOPERATION WITH WEATHER MITIGATION ADVISORY AND RESEARCH BOARD. The head of any department or agency of the United States and the head of any other public or private agency or institution that receives research funds from the United States shall, to the extent practicable, cooperate with the Board for purposes of carrying out this Act. SEC. 9. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Board for the purposes of carrying out this Act $10,000,000 for each of the fiscal years 2008 through 2017. Amounts appropriated pursuant to this subsection shall remain available until expended. (b) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property.

Weather Mitigation Research and Development Policy Authorization Act of 2007 - Establishes in the National Science Foundation (NSF) the Weather Mitigation Advisory and Research Board to establish and coordinate the national research and development program on weather mitigation described in this Act. Requires the Executive Director of the Board to submit a plan for the establishment and coordination of the Program. Requires the Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather mitigation operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather mitigation. Authorizes the Board to establish a grant program for the awarding of grants to eligible entities (state agencies, institutions of higher education, and nonprofits that have expertise in the field of weather mitigation and experience working with state agencies) for R&D projects that pertain to weather mitigation. Permits a grant recipient to only use the grant for a R&D project that: (1) pertains to weather mitigation; and (2) was in operation on the day before the grant was awarded. Requires the submission of annual reports to the President and Congress on the activities conducted pursuant to this Act.

A bill to establish the Weather Mitigation Advisory and Research Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Excise Tax Relief Act''. SEC. 2. SUSPENSION OF FUEL TAXES THROUGH MARCH 31, 2001. (a) Temporary Suspension of Fuel Taxes.--During the suspension period, each rate of tax referred to in subsection (b) shall be reduced to zero. (b) Rates of Tax.--The rates of tax referred to in this subsection are the rates of tax otherwise applicable under-- (1) paragraphs (1), (2), and (3) of section 4041(a) of the Internal Revenue Code of 1986 (relating to diesel fuel and special motor fuels), (2) subsection (m) of section 4041 of such Code (relating to certain alcohol fuels), (3) subparagraphs (A) and (C) of section 4042(b)(1) of such Code (relating to tax on fuel used in commercial transportation on inland waterways), (4) clauses (i), (ii), and (iii) of section 4081(a)(2)(A) of such Code (relating to gasoline, diesel fuel, and kerosene), (5) paragraph (1) of section 4091(b) of such Code (relating to aviation fuel), and (6) paragraph (2) of section 4092(b) of such Code (relating to fuel used in commercial aviation). (c) Suspension Period.--For purposes of this section, the term ``suspension period'' means period beginning on the date of the enactment of this Act and ending on March 31, 2001. SEC. 3. REPEAL OF 1993 INCREASES IN CERTAIN MOTOR FUEL TAXES. (a) Diesel Fuel Used in Trains.--Subparagraph (C) of section 4041(a)(1) of the Internal Revenue Code of 1986 is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (b) Fuel Used on Inland Waterways.-- (1) Paragraph (1) of section 4042(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Paragraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C). (c) Gasoline Used in Trains.--Clause (i) of section 4081(a)(2)(A) of such Code is amended by inserting before the comma at the end the following: ``(14 cents in the case of gasoline used in trains)''. (d) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking ``19.3 cents'' and inserting ``15 cents''. (e) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code is amended by striking ``21.8 cents'' and inserting ``17.5 cents''. (f) Technical Amendments.-- (1) Subparagraph (A) of section 4041(a)(1) of such Code is amended by striking ``or a diesel-powered train'' each place it appears and by striking ``or train''. (2) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows ``section 6421(e)(2)'' and inserting a period. (3) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Diesel fuel used in trains.--There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)-- ``(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or ``(B) used by any person as a fuel in a diesel- powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081.'' (4) Paragraph (2) of section 4081(d) of such Code is amended to read as follows: ``(2) Aviation gasoline.--The rate of tax specified in subsection (a)(2)(A)(ii) shall be zero after September 30, 2007.''. (5) Subsection (f) of section 4082 of such Code is amended by striking ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and (a)(1) of section 4041, respectively''. (6) Paragraph (3) of section 4083(a) of such Code is amended by striking ``or a diesel-powered train''. (7) Subparagraph (A) of section 4091(b)(3) of such Code is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be zero after September 30, 2007.'' (8) Paragraph (1) of section 4091(c) of such Code is amended-- (A) by striking ``14 cents'' and inserting ``9.7 cents'', (B) by striking ``13.3 cents'' and inserting ``9 cents'', (C) by striking ``13.2 cents'' and inserting ``8.9 cents'', (D) by striking ``13.1 cents'' and inserting ``8.8 cents'', and (E) by striking ``13.4 cents'' and inserting ``9.1 cents''. (9) Subsection (c) of section 4091 of such Code is amended by striking paragraph (4), and by redesignating paragraph (5) as paragraph (4). (10) Subsection (b) of section 4092 of such Code is amended by striking ``attributable to'' and all that follows and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section. For purposes of the preceding sentence, the term `commercial aviation' means any use of an aircraft other than in noncommercial aviation (as defined in section 4041(c)(2)).'' (11) Subparagraph (B) of section 6421(f)(2) of such Code is amended by striking ``and,'' and all that follows and inserting a period. (12) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: ``(3) Gasoline used in trains.--In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.'' (13) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: ``(3) Refund of certain taxes on fuel used in diesel- powered trains.--For purposes of this subsection, the term `nontaxable use' includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.'' (14) Paragraph (4) of section 6427(l) of such Code is amended by striking ``attributable to'' and all that follows through the period and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (g) Effective Date.--The amendments made by this section shall take effect on April 1, 2001. SEC. 4. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, a tax referred to in section 2(b) has been imposed under the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date on which the suspension period begins under section 2(b). (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 5. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under any section of the Internal Revenue Code of 1986 referred to in section 2(b) had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Taxable liquid.--The term `taxable liquid' means any liquid on which a tax referred to in section 2(b) is imposed on the floor stocks tax date. (3) Floor stocks tax date.--The term ``floor stocks tax date'' means April 1, 2001. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 2(b) is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter. SEC. 6. MAINTENANCE OF TRUST FUND DEPOSITS. In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this Act in any rate shall be treated as taxes received in the Treasury under such rate. SEC. 7. REPORTING REQUIREMENTS. (a) Changes in Fuel Prices.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Treasury, in consultation with the Secretary of Energy, shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a study which specifically addresses the following issues: (1) Changes in the price of gasoline, diesel fuel, and other transportation fuels over the previous 12 months. (2) The impact on fuel prices posed by the reformulated gas mandate of the Clean Air Act. (3) The economic feasibility and appropriateness of maintaining the reformulated gas mandate. (b) Pass Through of Tax Reduction.-- (1) The Comptroller General of the United States shall conduct a study of the reduction of taxes under this Act to determine whether there has been a pass through to consumers of such reduction. (2) Not later than 60 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under paragraph (1).

Repeal the 4.3 cent per gallon tax increase (enacted in 1993) for fuel used for trains, planes, and barges.

Fuel Excise Tax Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Long-Term Care Security Act of 2006''. SEC. 2. REQUIREMENT FOR REPORT TO CONGRESS BEFORE IMPLEMENTATION OF REDUCTION IN PER DIEM RATES FOR CARE PROVIDED TO VETERANS IN STATE HOMES. (a) Requirement for Report.--Subsection (c) of section 1741 of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2)(A) If the Secretary proposes to implement a reduction in payments made under this section with respect to a fiscal year the Secretary shall, not later than January 1 of the preceding fiscal year, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing a detailed justification of such proposed reduction. ``(B) For purposes of this paragraph, a reduction in payments is-- ``(i) a lack of increase in the rates paid under subsection (a) pursuant to a determination of the Secretary under paragraph (1); or ``(ii) a modification of the eligibility for veterans to receive care in State homes that would, if enacted into law, result in fewer veterans eligible to receive such care in State homes. ``(C) In preparing a report under subparagraph (A), the Secretary shall consult with the heads and appropriate officials of the State and local agencies responsible for the supervision of State homes in each State in which State homes are operated, and representatives of such other organizations with expertise in State home matters as the Secretary determines appropriate. ``(D) A report under subparagraph (A) shall include the following information: ``(i) A specific description of the degree to which the proposed reduction in payments would effect the financial well- being of each State home. ``(ii) A detailed description of the consultation with heads, officials, and representatives required under subparagraph (C), and the results of that consultation. ``(iii) A description of the intent of the Secretary to recover grant amounts under section 8136(a) of this title where a State determines, as a result of the proposed reduction in payments, to close a State home within the period prescribed under that section. ``(iv) A description of the effect of the proposed reduction in payments on the long-term care needs of veterans who receive care in State homes, including a description of the options for long-term care in reasonably proximate facilities available to such veterans and an assessment of the cost of the provision of care for such veterans in such facilities.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act, and apply with respect to per diem payments made under section 1741 of title 38, United States Code, on or after such date. SEC. 3. NURSING HOME CARE AND PRESCRIPTION MEDICATIONS IN STATE HOMES FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) Nursing Home Care.--Subchapter V of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1744. Nursing home care and medications for veterans with service-connected disabilities ``(a)(1) The Secretary shall pay each State home for nursing home care at the applicable rate payable under section 1720 of this title for nursing home care furnished in a non-Department nursing home (as that term is defined in subsection (e)(2) of such section), where such care is provided to any veteran as follows: ``(A) Any veteran in need of such care for a service- connected disability. ``(B) Any veteran who-- ``(i) has a service-connected disability rated at 70 percent or more; and ``(ii) is in need of such care. ``(2) Payment by the Secretary under paragraph (1) to a State home for nursing home care provided to a veteran described in that paragraph constitutes payment in full to the State home for such care furnished to that veteran.''. (b) Provision of Prescription Medicines.--Such section is further amended by adding at the end the following new subsection: ``(b) The Secretary shall furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of illness or injury to any veteran as follows: ``(1) Any veteran in need of such drugs and medicines for a service-connected disability. ``(2) Any veteran who-- ``(A) has a service-connected disability rated at 50 percent or more; ``(B) is provided nursing home care that is payable under subsection (a); and ``(C) is in need of such drugs and medicines.''. (c) Conforming Amendments.-- (1) Criteria for payment.--Section 1741(a)(1) of such title is amended by striking ``The'' and inserting ``Except as provided in section 1744 of this title, the''. (2) Eligibility for nursing home care.--Section 1710(a)(4) of such title is amended-- (A) by striking ``and'' before ``the requirement in section 1710B of this title''; and (B) by inserting ``, and the requirement in section 1744 of this title to provide nursing home care and prescription medicines to veterans with service- connected disabilities in State homes'' after ``a program of extended care services''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1743 the following new item: ``1744. Nursing home care and medications for veterans with service- connected disabilities.''. (e) Effective Date.--The amendment made by this section shall take effect on October 1, 2006. SEC. 4. AUTHORITY TO TREAT CERTAIN HEALTH FACILITIES AS STATE HOMES. (a) Authority.--Subchapter III of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8138. Treatment of certain health facilities as State homes ``(a) The Secretary may treat a health facility as a State home for purposes of subchapter V of chapter 17 of this title if the following requirements are met: ``(1) The facility meets the standards for the provision of nursing home care that is applicable to State homes, as prescribed by the Secretary under section 8134(b) of this title, and such other standards relating to the facility as the Secretary may require. ``(2) The facility is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting State home facilities. ``(3) The State demonstrates in an application to the Secretary that, but for the treatment of a facility as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care. ``(4) The Secretary determines that the treatment of the facility as a State home best meets the needs of veterans for nursing home care in the geographic area in which the facility is located. ``(5) The Secretary approves the application submitted by the State with respect to the facility. ``(b) The Secretary may not treat a health facility as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for by regulations prescribed under section 8134(a) of this title. ``(c) The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of chapter 17 of this title by reason of subsection (a) shall not exceed the number of veterans in beds in State homes that otherwise would be permitted in the State under regulations prescribed under section 8134(a) of this title. ``(d) The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under section 8134(d)(1) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 8137 the following new item: ``8138. Treatment of certain health facilities as State homes.''.

Veterans Long-Term Care Security Act of 2006 - Requires the Secretary of Veterans Affairs to submit to the congressional veterans' committees a detailed justification of any proposal to implement a reduction in per diem payments to state nursing homes for care provided to veterans. Directs the Secretary to pay for nursing home care furnished in a non-Department of Veterans Affairs nursing home where such care is provided to any veteran: (1) in need of such care for a service-connected disability; or (2) with a service-connected disability rated at 70 percent or more and in need of such care. Directs the Secretary to furnish such drugs and medicines as ordered by a duly licensed physician for any veteran: (1) in need of such drugs and medicines for a service-connected disability; or (2) with a service-connected disability rated at 50 percent or more in need of such drugs and medicines while being provided nursing home care payable through the Department. Authorizes the Secretary to treat certain health facilities as state homes for purposes of eligibility for payments for care provided to veterans.

A bill to amend title 38, United States Code, to ensure appropriate payment for the cost of long-term care provided to veterans in State homes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Services Act of 1993''. SEC. 2. AUTHORIZATION FOR A SUBSIDIARY OF A NATIONAL BANK TO UNDERWRITE SHARES OF AND SPONSOR INVESTMENT COMPANIES. Section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended by adding at the end the following new paragraph: ``(11) Mutual funds.-- ``(A) In general.--Notwithstanding the restrictions and limitations in the paragraph designated `Seventh', to engage in the business of dealing in, underwriting, and distributing the shares of any investment company (as defined in section 3 of the Investment Company Act of 1940) and to organize, sponsor, manage, or control such an investment company if such activities are conducted through a nonbank subsidiary of the bank. ``(B) Coordination with other provisions.--The activities authorized by this paragraph are in addition to any other activity in which a national bank may engage directly pursuant to another provision of law, or as otherwise authorized by the Comptroller of the Currency, and this paragraph shall not be construed as prohibiting a national bank from engaging in such other activity directly. ``(C) Subsidiary defined.--For purposes of this paragraph, the term `subsidiary' means a corporation more than 25 percent of the voting stock of which is owned by a national bank. Such a corporation may be a subsidiary of more than 1 national bank.''. SEC. 3. AUTHORIZATION FOR A SUBSIDIARY OF A STATE MEMBER BANK TO UNDERWRITE SHARES OF AND SPONSOR INVESTMENT COMPANIES. The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 335) is amended by inserting before the period at the end the following: ``, and to the same exception to such limitations and conditions as is applicable to national banks under paragraph (11) of such section''. SEC. 4. DISCLOSURE REQUIREMENTS APPLICABLE TO SUBSIDIARIES OF NATIONAL AND STATE MEMBER BANKS. The Federal Reserve Act is amended by inserting after section 9A of the Federal Reserve Act (12 U.S.C. 339) the following new section: ``SEC. 9B. DISCLOSURE REQUIREMENTS. ``(a) In General.--If a nonbank subsidiary of a national bank or State member bank engages in activities pursuant to section 5136(11) of the Revised Statutes of the United States or the 20th undesignated paragraph of section 9 of this Act, the subsidiary shall-- ``(1) provide a 1-time written disclosure to each customer that-- ``(A) the subsidiary is not an insured depository institution; ``(B) the subsidiary is a separate corporate entity from any insured depository institution which is an affiliate of the subsidiary; and ``(C) any product sold, offered, or recommended by the subsidiary is not insured by the Federal Deposit Insurance Corporation, is not guaranteed by an insured depository institution, and is not otherwise an obligation of an insured depository institution; and ``(2) obtain a 1-time written acknowledgement from each customer that the disclosures described in paragraph (1) have been received. ``(b) Regulation of Method of Disclosures.--Any disclosures under subsection (a) shall be made in accordance with such regulations as may be prescribed-- ``(1) by the Comptroller of the Currency, in the case of a subsidiary of a national bank; or ``(2) by the Board, in the case of a subsidiary of a State member bank. ``(c) Exceptions and Additional Information.--The Comptroller of the Currency, in the case of a subsidiary of a national bank, and the Board, in the case of a subsidiary of a State member bank, may-- ``(1) require additional information to be disclosed under subsection (a) by the subsidiary; and ``(2) grant any exception to the disclosure requirement under subsection (a) which is consistent with the purposes of such subsection.''. SEC. 5. AUTHORIZATION FOR A MEMBER BANK TO BE AFFILIATED WITH A COMPANY WHICH UNDERWRITES SHARES OF AND SPONSORS INVESTMENT COMPANIES. The 1st sentence of section 20 of the Banking Act of 1933 (12 U.S.C. 377) is amended by striking ``securities: Provided, That nothing in this paragraph'' and inserting ``, except to the extent such affiliate is engaged in activities in accordance with section 5136(11) of the Revised Statutes of the United States, the 20th undesignated paragraph of section 9 of the Federal Reserve Act, or section 4(c)(15) of the Bank Holding Company Act of 1956. Nothing in this paragraph''. SEC. 6. AUTHORIZATION FOR A MEMBER BANK AND AN AFFILIATE ENGAGED IN INVESTMENT COMPANY ACTIVITIES TO HAVE MANAGEMENT INTERLOCKS. Section 32 of the Banking Act of 1933 (12 U.S.C. 78) is amended-- (1) by inserting ``(a) General Prohibition and Exception.-- '' before ``No officer,''; and (2) by adding at the end the following new subsection: ``(b) Exception for Affiliates Engaged in Investment Company Activities.--Subsection (a) shall not apply so as to prohibit an officer, director, or employee of a nonbank subsidiary of a national bank, State member bank, or bank holding company which is engaged in activities in accordance with section 5136(11) of the Revised Statutes of the United States, the 20th undesignated paragraph of section 9 of the Federal Reserve Act, or section 4(c)(15) of the Bank Holding Company Act of 1956 from serving at the same time as an officer, director, or employee of such bank, the bank holding company, a member bank which is an affiliate of such bank, or an investment company that is organized, sponsored, managed, or controlled by a subsidiary of such bank or holding company.''. SEC. 7. AUTHORIZATION FOR A BANK HOLDING COMPANY TO ESTABLISH A COMPANY WHICH UNDERWRITES SHARES OF AND SPONSORS INVESTMENT COMPANIES. (a) In General.--Section 4(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)) is amended-- (1) by striking ``or'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14)(H)(ii) and inserting ``; or''; and (3) by inserting after paragraph (14)(H)(ii) the following new paragraph: ``(15) shares of any company engaged in dealing in, underwriting, or distributing the shares of any investment company (as defined in section 3 of the Investment Company Act of 1940), or organizing, sponsoring, managing, or controlling such investment company.''. (b) Disclosure Requirements.--Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by adding at the end the following new subsection: ``(j) Disclosure Requirements for Subsection (c)(15) Activities.-- ``(1) In general.--Any bank holding company which controls a company described in subsection (c)(15) shall require such company to-- ``(A) provide a 1-time written disclosure to each customer that-- ``(i) the company is not an insured depository institution; ``(ii) the company is a separate corporate entity from any insured depository institution which is an affiliate of the company; and ``(iii) any product sold, offered, or recommended by the company is not insured by the Federal Deposit Insurance Corporation, is not guaranteed by an insured depository institution, and is not otherwise an obligation of an insured depository institution; and ``(B) obtain a 1-time written acknowledgement from each customer that the disclosures described in subparagraph (A) have been received. ``(2) Regulation of method of disclosures.--Any disclosures under paragraph (1) shall be made in accordance with such regulations as the Board may prescribe. ``(3) Exceptions and additional information.--The Board may-- ``(A) require additional information to be disclosed by the company under paragraph (1); and ``(B) grant any exception to the disclosure requirement under paragraph (1) which is consistent with the purposes of such subsection.''.

Financial Services Act of 1993 - Amends the Revised Statutes of the United States to permit national banks to engage in mutual fund dealing, underwriting, distribution, and sponsorship, if such activities are conducted through nonbank subsidiaries. Amends the Federal Reserve Act to set forth certain disclosure requirements for nonbank subsidiaries of State or national member banks engaged in mutual fund activities, including a one-time written disclosure to each customer that neither the subsidiary nor its investment products are insured. Amends the Banking Act of 1933 (Glass-Steagall Act) to permit: (1) a member bank, including a national bank, to be affiliated with a company engaged in investment company activities; and (2) management interlocks between either a member bank, or a bank holding company, and their respective affiliates engaged in investment company activities. (Current law proscribes such interlocks.) Amends the Bank Holding Company Act of 1956 to permit a bank holding company to acquire investment company securities. (Current law prohibits such acquisition.) Sets forth one-time disclosure requirements regarding such acquisitions which reflect the disclosure requirements applicable to national and State banks under this Act.

Financial Services Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``USA PATRIOT Reauthorization and Additional Weapons Against Terrorism Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--USA PATRIOT REAUTHORIZATION ACT OF 2009 Sec. 101. Short title. Sec. 102. USA Patriot Improvement and Reauthorization Act repeal of sunset provisions. Sec. 103. Repeal of sunset relating to individual terrorists as agents of foreign powers. TITLE II--CLASSIFIED INFORMATION PROCEDURES REFORM ACT Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Ex parte authorizations under the Classified Information Procedures Act. Sec. 204. Application of Classified Information Procedures Act to nondocumentary information. Sec. 205. Interlocutory appeals under the Classified Information Procedures Act. TITLE III--ADDITIONAL GOVERNMENT WEAPONS AGAINST TERRORISM ACT Sec. 301. Short title. Sec. 302. Prevention and deterrence of material support for terrorist suicide bombings. Sec. 303. Prohibiting attempts and conspiracies to obtain military-type training from a foreign terrorist organization. Sec. 304. Prohibiting use of false travel documents. Sec. 305. Preventing unwarranted release of convicted terrorists and sex offenders pending sentencing or appeal. TITLE I--USA PATRIOT REAUTHORIZATION ACT OF 2009 SEC. 101. SHORT TITLE. This title may be cited as the ``USA PATRIOT Reauthorization Act of 2009''. SEC. 102. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT REPEAL OF SUNSET PROVISIONS. Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is repealed. SEC. 103. REPEAL OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS. Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is repealed. TITLE II--CLASSIFIED INFORMATION PROCEDURES REFORM ACT SEC. 201. SHORT TITLE. This title may be cited as the ``Classified Information Procedures Reform Act of 2009''. SEC. 202. DEFINITIONS. (a) In General.--Section 1 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) `Disclosure', as used in this Act-- ``(1) means the release, transmittal, or making available of, or providing access to, classified information to any person (including a defendant or counsel for a defendant) during discovery, or to a participant or member of the public at any proceeding; and ``(2) does not include the release, transmittal, or making available of, or providing access to, classified information by the defendant to an attorney representing the defendant in a matter who has received-- ``(A) the necessary security clearance to receive the classified information; and ``(B) if the classified information has been designated as sensitive compartmented information or special access program information, any additional required authorization to receive the classified information.''. (b) Technical and Conforming Amendment.--Section 501(3) of the Immigration and Nationality Act (8 U.S.C. 1531(3)) is amended by striking ``section 1(b)'' and inserting ``section 1''. SEC. 203. EX PARTE AUTHORIZATIONS UNDER THE CLASSIFIED INFORMATION PROCEDURES ACT. Section 4 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) in the second sentence-- (A) by striking ``may'' and inserting ``shall''; and (B) by striking ``authorization in the form of a written statement to be inspected'' and inserting ``authorization, together with any argument in support of that request, in the form of a statement made ex parte and to be considered''; and (2) in the third sentence-- (A) by striking ``If the court enters an order granting relief following such an ex parte showing, the'' and inserting ``The''; and (B) inserting ``, and the transcript of any argument and any summary of the classified information the defendant seeks to obtain,'' after ``text of the statement of the United States''. SEC. 204. APPLICATION OF CLASSIFIED INFORMATION PROCEDURES ACT TO NONDOCUMENTARY INFORMATION. Section 4 of the Classified Information Procedures Act (18 U.S.C. App.), as amended by section 203 of this Act, is amended-- (1) in the section heading, by inserting ``and access to'' after ``of''; (2) by inserting ``(a) In General.--'' before ``The court, upon''; and (3) by adding the following at the end the following: ``(b) Access to Other Classified Information.--(1) If the defendant seeks access through deposition under the Federal Rules of Criminal Procedure or otherwise to nondocumentary information from a potential witness or other person which the defendant knows or reasonably believes is classified, the defendant shall notify the attorney for the United States and the district court in writing. Such notice shall specify with particularity the classified information sought by the defendant and the legal basis for such access. At a time set by the court, the United States may oppose such access to the classified information. ``(2) If, after consideration of any objection raised by the United States, including any objection asserted on the basis of privilege, the court determines that the defendant is legally entitled to have access to the information specified in a notice made under paragraph (1), the United States may request the substitution of a summary of the classified information or the substitution of a statement admitting relevant facts that the classified information would tend to prove. ``(3) The court shall permit the United States to make an objection to access to classified information under paragraph (1) or a request for a substitution under paragraph (2) in the form of a statement made ex parte and to be considered by the court alone. The entire text of the statement of the United States, and any summary of the classified information the defendant seeks to obtain, shall be sealed and preserved in the records of the court and made available to the appellate court in the event of an appeal. ``(4) A court shall grant the request of the United States to substitute a summary of the classified information or to substitute a statement admitting relevant facts that the classified information would tend to prove under paragraph (2) if the court finds that the summary or statement will provide the defendant with substantially the same ability to make a defense as would disclosure of the specific classified information. ``(5) A defendant may not obtain access to classified information subject to this subsection except as provided in this subsection. Any proceeding, whether by deposition under the Federal Rules of Criminal Procedure or otherwise, in which a defendant seeks to obtain access to classified information subject to this subsection not previously authorized by a court for disclosure under this subsection shall be discontinued or may proceed only as to lines of inquiry not involving the classified information.''. SEC. 205. INTERLOCUTORY APPEALS UNDER THE CLASSIFIED INFORMATION PROCEDURES ACT. Section 7(a) of the Classified Information Procedures Act (18 U.S.C. App.) is amended by adding the following at the end: ``The right of the United States to appeal under this subsection applies without regard to whether the order appealed from was entered under this Act.''. TITLE III--ADDITIONAL GOVERNMENT WEAPONS AGAINST TERRORISM ACT SEC. 301. SHORT TITLE. This title may be cited as the ``Additional Government Weapons Against Terrorism Act of 2009''. SEC. 302. PREVENTION AND DETERRENCE OF MATERIAL SUPPORT FOR TERRORIST SUICIDE BOMBINGS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339E. Providing material support to international terrorism ``(a) Definitions.--In this section-- ``(1) the term `facility of interstate or foreign commerce' has the meaning given that term in section 1958; ``(2) the term `material support or resources' has the meaning given that term in section 2339A; ``(3) the term `perpetrator of an act' includes any person who-- ``(A) commits the act; ``(B) aids, abets, counsels, commands, induces, or procures the commission of the act; or ``(C) attempts, plots, or conspires to commit the act; and ``(4) the term `serious bodily injury' has the meaning given that term in section 1365. ``(b) Prohibition.--Whoever, in a circumstance described in subsection (c), provides, or attempts or conspires to provide, material support or resources to the perpetrator of an act of international terrorism, to a family member of the perpetrator of an act of international terrorism perpetrator, or to any other person, with the intent to facilitate, reward, or encourage that act or other acts of international terrorism, shall be fined under this title, imprisoned not more than 15 years, or both, and, if death results, shall be imprisoned for any term of years or for life. ``(c) Jurisdictional Bases.--A circumstance referred to in this subsection is that-- ``(1) the offense occurs in or affects interstate or foreign commerce; ``(2) the offense involves the use of the mails or a facility of interstate or foreign commerce; ``(3) an offender intends to facilitate, reward, or encourage an act of international terrorism that affects interstate or foreign commerce or would have affected interstate or foreign commerce had the act been consummated; ``(4) an offender intends to facilitate, reward, or encourage an act of international terrorism that violates the criminal laws of the United States; ``(5) an offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of the United States Government; ``(6) an offender intends to facilitate, reward, or encourage an act of international terrorism that occurs in part within the United States and is designed to influence the policy or affect the conduct of a foreign government; ``(7) an offender intends to facilitate, reward, or encourage an act of international terrorism that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any State, district, commonwealth, territory, or possession of the United States) while that property is outside of the United States; ``(8) the offense occurs in whole or in part within the United States, and an offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of a foreign government; or ``(9) the offense occurs in whole or in part outside of the United States, and an offender is a national of the United States, a stateless person whose habitual residence is in the United States, or a legal entity organized under the laws of the United States (including any State, district, commonwealth, territory, or possession of the United States).''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``2339D. Receiving military-type training from a foreign terrorist organization. ``2339E. Providing material support to international terrorism.''. (2) Other amendment.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting ``2339E (relating to providing material support to international terrorism),'' before ``or 2340A (relating to torture)''. SEC. 303. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION. Section 2339D(a) of title 18, United States Code, is amended by inserting ``, or attempts or conspires to do so,'' after ``foreign terrorist organization''. SEC. 304. PROHIBITING USE OF FALSE TRAVEL DOCUMENTS. (a) In General.--Section 1028 of title 18, United States Code, is amended-- (1) in the section heading, by inserting ``false travel documents,'' after ``identification documents,''; (2) in subsection (a)-- (A) in paragraph (1), by striking ``or a false identification document'' and inserting ``false identification document, or false travel document''; (B) in paragraph (2), by striking ``or a false identification document'' and inserting ``false identification document, or false travel document''; (C) in paragraph (3), by striking ``or false identification documents'' and inserting ``false identification documents, or false travel documents''; (D) in paragraph (5), by inserting ``, false travel document,'' after ``false identification document''; and (E) in paragraph (8), by inserting ``false travel documents,'' after ``false identification documents,''; (3) in subsection (b)-- (A) in paragraph (1)(B), by striking ``or false identification documents'' and inserting ``false identification documents, or false travel documents''; and (B) in paragraph (2)(A)-- (i) by striking ``document,,'' and inserting ``document,''; and (ii) by striking ``or a false identification document'' and inserting ``a false identification document, or a false travel document''; (4) in subsection (c)(3)(B), by inserting ``false travel document,'' after ``false identification document,''; (5) in subsection (d)-- (A) in paragraph (11), by striking ``and'' at the end; (B) in paragraph (12), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(13) the term `false travel document' means a document issued for the use of a particular, identified individual and of a type intended or commonly accepted for the purposes of passage on a commercial aircraft or mass transportation vehicle, including a ticket or boarding pass, that-- ``(A) was not issued by or under the authority of a commercial airline or mass transportation provider, but appears to be issued by or under the authority of a commercial airline or mass transportation provider; or ``(B) was issued by or under the authority of a commercial airline or mass transportation provider, and was subsequently altered for purposes of deceit.''; and (6) in subsection (h), by inserting ``false travel documents,'' after ``identification documents,''. (b) Technical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by striking the item related to section 1028 and inserting the following: ``1028. Fraud and related activity in connection with identification documents, false travel documents, authentication features, and information.''. SEC. 305. PREVENTING UNWARRANTED RELEASE OF CONVICTED TERRORISTS AND SEX OFFENDERS PENDING SENTENCING OR APPEAL. (a) In General.--Section 3145 of title 18, United States Code, is amended by adding at the end the following: ``(d) Application.--No person shall be eligible for release under subsection (c) based on exceptional reasons if the person is being detained pending sentencing or appeal in a case involving-- ``(1) an offense under section 2332b of this title; ``(2) an offense listed in section 2332b(g)(5)(B) of this title for which a maximum term of imprisonment of 10 years or more is prescribed; or ``(3) an offense involving a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title.''.

USA PATRIOT Reauthorization and Additional Weapons Against Terrorism Act of 2009 - USA PATRIOT Reauthorization Act of 2009 - Makes permanent the provisions of the USA PATRIOT Act: (1) granting roving electronic surveillance authority and authorizing the production of tangible things (including books, records, papers, and documents) for foreign intelligence and international terrorism investigations; and (2) revising the definition of an "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or preparatory activities ("lone wolf" provision). Classified Information Procedures Reform Act of 2009 - Amends the Classified Information Procedures Act (CIPA) to: (1) require courts to grant certain ex parte government requests for CIPA protective orders; (2) restrict access to classified information obtained from nondocumentary sources; and (3) allow interlocutory appeals from any order for access to classified information (currently, appeals lie only from orders entered under CIPA). Additional Government Weapons Against Terrorism Act of 2009 - Amends the federal criminal code to: (1) impose criminal penalties for providing material support or resources to a perpetrator of international terrorism, or to a family member of or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage international terrorism; (2) prohibit attempts or conspiracies to provide material support or resources to terrorist organizations; (3) impose criminal penalties for the use of false travel documents; and (4) deny release to individuals detained pending sentencing or appeal who have been convicted of certain terrorism crimes or crimes against children.

A bill to reauthorize the expiring intelligence tools of the USA PATRIOT Improvement and Reauthorization Act of 2005 and defend against terrorism through improved classified procedures and criminal law reforms, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Biotechnology Investment Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the oceans have for millennia been a source of food, minerals and other natural products; (2) molecular biology and biotechnology hold tremendous potential to expand the range and increase the utility of products from the oceans; (3) marine biotechnology can improve the condition of marine ecosystems by developing substitute products that decrease the harvest pressure on living resources, improving the production of aquaculture, providing new tools for understanding ecological and evolutionary processes, and improving the techniques for remediation of environmental damage; (4) the United States is currently preeminent in marine biotechnology but its competitive edge is threatened by inadequate public investment compared with other leaders in this field; and (5) in order to support job creation, stimulate private sector investment, and maintain preeminence in marine biotechnology, the United States should establish a national program for marine biotechnology within the National Sea Grant College Program and greatly increase its investment in this promising new area of research and development. SEC. 3. MARINE BIOTECHNOLOGY PROGRAM. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended by inserting after section 205 the following: ``SEC. 206A. MARINE BIOTECHNOLOGY PROGRAM. ``(a) Definition of Marine Biotechnology.--As used in this section and section 203(4), the term `marine biotechnology' means the application of molecular and cellular biology to marine and fresh water organisms for the purpose of identifying, developing, and enhancing products derived from those organisms. ``(b) Marine Biotechnology Program.--Subject to the availability of appropriations under section 212(c), the National Sea Grant College Program provided for under section 204 shall include a marine biotechnology program under which the Secretary, acting through the Director, shall-- ``(1) make grants and enter into contracts in accordance with this section; and ``(2) engage in other activities authorized under this Act; to further research, development, risk assessment, education and technology transfer in marine biotechnology. ``(c) Administration.--In carrying out the marine biotechnology program, the Secretary shall-- ``(1) coordinate the relevant activities of the directors of the sea grant colleges and the Marine Biotechnology Review Panel established under subsection (f); and ``(2) provide general oversight of the review process under subsection (f)(1) to ensure that the marine biotechnology program produces the highest quality research, development, education, and technology transfer. ``(d) Grants and Contracts.-- ``(1) Applications.--Applications for grants and contracts under this subsection shall be-- ``(A) made in such form and manner, and include such content and submissions, as the Secretary shall by regulation prescribe; ``(B) forwarded through the appropriate directors of sea grant colleges to the National Sea Grant Office; and ``(C) reviewed by the Marine Biotechnology Review Panel in accordance with subsection (f). ``(2) Terms and conditions.--Any reference in subsection (d) of section 205 or in the last sentence of subsection (a) of section 205 to grants and contracts provided for under that section shall be treated, as the context requires, as including any grant applied for or made, or contract applied for or entered into, under this section. ``(3) Awarding of grants and contracts.-- ``(A) Panel recommendations.--Subject to subparagraph (B) and subsection (e), the Secretary shall award grants and contracts under this section on the basis of the recommendations for award made by the Marine Biotechnology Review Panel under subsection (f). ``(B) General exceptions.--The Secretary shall not award a grant or contract if the Secretary determines that the award-- ``(i) is based on a recommendation from the Panel that may involve a conflict of interest; ``(ii) fails to meet the requirements of this section; or ``(iii) fails to comply with relevant governmental or institutional procedures for the management of external grant or contract programs. ``(C) Exception relating to genetically modified organisms.--The Secretary shall not award a grant or contract involving the release of genetically modified organisms, as defined in subsection (e)(1), unless the activities proposed in the grant or contract that involve genetically modified organisms-- ``(i) have been reviewed and approved under other applicable Federal law; or ``(ii) are found by the Secretary, based on a written assessment, to pose no significant environmental risk. ``(D) Documentation.--The Secretary shall document, and promptly inform the Panel of, each recommended award that is rejected under subparagraph (B) or (C). ``(E) Funding.--Grants made, and contracts entered into, under this section shall be funded with moneys available from appropriations made pursuant to the authorization provided for under section 212(c). ``(e) Research on Genetically Modified Organisms.-- ``(1) Definition.--As used in this subsection, the term `genetically modified organism' means a living marine or freshwater organism in which the genetic material has been purposely altered at the molecular or cellular level in a way that could not result from the natural reproductive process of that species. ``(2) Safe conduct of certain research.--The Secretary shall ensure that any activity funded by the National Sea Grant College Program involving genetically modified organisms complies with-- ``(A) the guidelines for research involving recombinant DNA molecules published in the Federal Register on May 7, 1986 (51 F.R. 16958 et seq.); and ``(B) when promulgated (unless paragraph (3) applies), the performance standards for safely conducting research involving genetically modified finfish and shellfish developed by the Agricultural Biotechnology Research Advisory Committee. ``(3) Sea grant program performance standards.--The performance standards referred to in subparagraph 2(B) shall not apply if the Secretary publishes in the Federal Register performance standards for the National Sea Grant College Program for safely conducting research involving genetically modified finfish and shellfish. ``(4) Termination of award.--The Secretary shall promptly withdraw any award of the National Sea Grant College Program for activities involving genetically modified organisms if the Secretary determines that the grantee or contractee in question has failed to abide by the guidelines and applicable performance standards referred to in this subsection. ``(f) Marine Biotechnology Review Panel.-- ``(1) Establishment and duties.--Subject to the availability of appropriations under section 212(c), the Director, in consultation with the directors of the sea grant colleges, shall convene a panel, to be known as the Marine Biotechnology Review Panel, that shall-- ``(A) review, on a competitive basis, the applications made under this section for grants and contracts to determine their respective scientific, technical, educational, and commercial merits and likely contributions toward achieving the purposes of this section; and ``(B) on the basis of the review under subparagraph (A), and with due regard for the overall balance and coordination of the marine biotechnology program, make recommendations to the Secretary regarding the awarding of grants and contracts under this section. ``(2) Composition.--The Marine Biotechnology Review Panel shall-- ``(A) consist of not more than 15 individuals with scientific or technical expertise in marine biotechnology or relevant related fields, including at least 1 qualified individual with expertise in marine or freshwater ecological risk assessment; ``(B) reflect a balance among areas of expertise consistent with the purposes of this section; ``(C) not include Federal employees or directors of sea grant colleges; and ``(D) reflect geographic balance, consistent with the primary objectives of a high level expertise and balance among areas of expertise. ``(3) Allowances.--Each member of the Marine Biotechnology Review Panel shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(4) FACA not applicable.--The Federal Advisory Committee Act does not apply to the Marine Biotechnology Review Panel.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 212 of the National Sea Grant College Program Act (33 U.S.C. 1131) is amended-- (1) by striking out ``209,'' in subsection (b) and inserting ``209 but not including section 206A,''; (2) by redesignating subsections (c), (d), and (e) as subsection (d), (e), and (f), respectively; and (3) by inserting after subsection (b) the following: ``(c) Marine Biotechnology Program.-- ``(1) Grants and contracts.--There is authorized to be appropriated to carry out the provisions of section 206A (other than for administration) an amount-- ``(A) for each of fiscal years 1994 and 1995, not to exceed $20,000,000; and ``(B) for each of fiscal year 1996 and 1997, not to exceed $25,000,000. ``(2) Administration.--There is authorized to be appropriated for the administration of section 206A, an amount-- ``(A) for each of fiscal years 1994 and 1995, not to exceed $200,000; and ``(B) for each of fiscal years 1996 and 1997, not to exceed $250,000.''. SEC. 5. DEFINITION. Section 203(4) of the National Sea Grant College Program Act (33 U.S.C. 1122(4)) is amended by inserting ``marine biotechnology,'' after ``marine technology,''. Passed the House of Representatives July 13, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Marine Biotechnology Investment Act of 1993 - Amends the National Sea Grant College Program Act to establish: (1) a program to further research, development, risk assessment, education, and technology transfer in marine biotechnology, regulating research on genetically modified organisms; and (2) the Marine Biotechnology Review Panel. Authorizes appropriations.

Marine Biotechnology Investment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Gun Safety and Gun Access Prevention Act of 2000''. SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING SEMIAUTOMATIC ASSAULT WEAPONS. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``juvenile'' and inserting ``person who is less than 21 years of age''; (B) by striking ``or'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; (2) in paragraph (2)-- (A) by striking ``a juvenile'' and inserting ``less than 21 years of age''; (B) by striking ``or'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by inserting at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; (3) in paragraph (3)(A), by inserting ``temporary'' before ``possession''; (4) in paragraph (3)(B), by striking ``juvenile'' and inserting ``person who is less than 21 years of age''; (5) in paragraph (3)(C), by striking ``juvenile; or'' and inserting ``person who is less than 21 years of age;''; (6) by striking subparagraph (D) of paragraph (3) and inserting the following: ``(D) the possession of a handgun or ammunition by a person who is less than 21 years of age taken in defense of that person or other persons against an intruder into the residence of that person or a residence in which that person is an invited guest; or''; (7) by adding at the end of paragraph (3) the following: ``(E) a temporary transfer of a handgun or ammunition to a person who is at least 18 years of age and less than 21 years of age, or the temporary use or possession of a handgun or ammunition by a person who is at least 18 years of age and less than 21 years of age, if the handgun and ammunition are possessed and used by the person-- ``(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; and ``(ii) in accordance with State and local law.''; and (8) by amending paragraph (4) to strike ``juvenile'' wherever it appears and insert ``person who is less than 21 years of age''. SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF SUCH WEAPONS TO YOUTH. Section 924(a)(6) of title 18, United States Code, is amended to read as follows: ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than one year, or both, and for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony (as defined in section 3559(c) of this title), shall be fined under this title, imprisoned not more than five years, or both. ``(B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than five years, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is less than 21 years of age knowing or having reasonable cause to know that such person intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device in the commission of a crime of violence, shall be fined under this title, imprisoned for not more than 10 years, or both.''. SEC. 4. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS. (a) Secure Gun Storage or Safety Devices by Federal Firearms Licensees.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, transfer, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, or licensed dealer) unless the transferee is provided with a secure gun storage or safety device.''. (b) Penalties.--Section 924 of such title is amended-- (1) in subsection (a)(1) by inserting ``, or (p)'' before ``of this section''; and (2) by adding at the end the following: ``(p) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this chapter or may subject the licensee to a civil penalty of not more than $10,000 if the holder of such license has knowingly violated section 922(z) of this chapter. The Secretary's actions under this subsection may be reviewed only as provided in section 923(f).''. (c) Repeal of Inconsistent Provisions.-- (1) Section 923(d)(1) of such title is amended-- (A) in subparagraph (E) by adding at the end ``and''; (B) in subparagraph (F) by striking ``; and'' and inserting a period; and (C) by striking subparagraph (G). (2) Section 923(e) of such title is amended by striking ``or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, shall not be considered to be in violation of the requirement to make available such a device)''. (3) Section 119 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by striking subsection (d). (d) Effective Date.--The amendments made by this section shall be effective 180 days after the date of enactment of this Act. SEC. 5. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD ACCESS TO FIREARMS. Section 922 of title 18, United States Code, is further amended by adding at the end the following: ``(aa)(1) In this subsection, the term `child' means an individual who has not attained the age of 18 years. ``(2) Except as provided in paragraph (3), any person who-- ``(A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person; and ``(B) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and ``(C)(i) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or ``(ii) knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both. ``(3) Paragraph (2) shall not apply if-- ``(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; ``(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; ``(C) the child uses the firearm in a lawful act of self- defense or defense of 1 or more other persons; or ``(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.''. SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY AN ADULT DURING A GUN SHOW. (a) Prohibitions.--Section 922 of title 18, United States Code, is further amended by adding at the end the following: ``(bb)(1) The parent or legal guardian of a child shall ensure that, while the child is attending a gun show, the child is accompanied by an adult. ``(2) It shall be unlawful for a person to conduct a gun show to which there is admitted a child who is not accompanied by an adult. ``(3) In this subsection: ``(A) The term `child' means an individual who has not attained 18 years of age. ``(B) The term `adult' means an individual who has attained 18 years of age.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7) Whoever violates section 922(bb) in a State shall be punished in accordance with the laws of the State that apply to persons convicted of child abandonment.''. SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS. (a) Program Authority.--The Attorney General is authorized to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children. (b) Application.-- (1) In general.--Any unit of local government that desires to receive a grant award under this section shall submit an application to the Attorney General at such time, in such manner and containing such information as the Attorney General may reasonably require. (2) Contents.--Each application referred to in paragraph (1) shall include an assurance that-- (A) funds received under this section shall be used only to provide funds to law enforcement agencies to provide gun safety classes; and (B) gun safety classes will be offered at times convenient to parents, including evenings and weekends. (c) Regulations.--The Attorney General shall issue any regulations necessary to carry out this section. SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PROGRAMS. It is the sense of Congress that-- (1) each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and (2) participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program.

(Sec. 3) Increases penalties imposed upon: (1) a juvenile who violates Brady Act provisions for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony; and (2) a person other than a juvenile who knowingly violates such provisions if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is under age 21, knowing or having reasonable cause to know that such person intended to carry, otherwise possess, discharge, or otherwise use it in the commission of a crime of violence. (Sec. 4) Prohibits any licensed importer, manufacturer, or dealer from selling, transferring, or delivering a firearm to any person (other than a licensed importer, manufacturer, or dealer) unless the transferee is provided with a secure gun storage or safety device. Authorizes the Secretary of the Treasury, after notice and opportunity for hearing, to suspend or revoke any license issued under the Act, or to subject the licensee to a civil penalty of up to $10,000 if the holder of such license has knowingly violated this section. (Sec. 5) Imposes penalties (with exceptions) upon any person who: (1) keeps a loaded firearm, or an unloaded firearm and ammunition for it, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person; (2) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and (3) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury to the child or any other person, or that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury. (Sec. 6) Requires the parent or legal guardian of a child to ensure that, while the child is attending a gun show, the child is accompanied by an adult. Prohibits a person from conducting a gun show to which there is admitted a child who is not accompanied by an adult. Sets penalties for violations. (Sec. 7) Authorizes the Attorney General to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children. (Sec. 8) Expresses the sense of Congress that: (1) each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and (2) participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program.

Child Gun Safety and Gun Access Prevention Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Sovereignty and Protection Act''. SEC. 2. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHWEST BORDER. (a) In General.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended by amending subparagraph (A) of subsection (b)(1) to read as follows: ``(A) Two-layered reinforced fencing.-- ``(i) In general.--In carrying out subsection (a), the Secretary of Homeland Security shall construct two layers of reinforced fencing along not fewer than 350 miles of the southwest border where such fencing would be most practical and effective and provide for the installation of related security infrastructure to gain operational control of the southwest border. ``(ii) Border patrol access road.--The two- layered reinforced fencing required under clause (i) shall be separated by a Border Patrol access road. ``(iii) Construction deadline.--The Secretary shall ensure the completion of the construction of such two-layered reinforced fencing (including the installation of such related security infrastructure) required under clause (i) and the construction of the Border Patrol access road required under clause (ii) by not later than the date that is one year after the date of the enactment of this subparagraph. ``(iv) Prohibition on preexisting fencing to satisfy mileage requirement.--In carrying out clause (i), the Secretary may not consider fencing along the southwest border in existence on April 1, 2009, for purposes of satisfying the mileage requirement under such clause.''. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the amendment made by subsection (a). SEC. 3. DEPARTMENT OF HOMELAND SECURITY AUTHORITY WITH REGARD TO DRUG OFFENSES. The Department of Homeland Security shall have full authority, concurrent with that of the Department of Justice, to investigate any criminal violation of the Controlled Substances Act or the Controlled Substances Import and Export Act. SEC. 4. MANDATORY MINIMUM SENTENCE FOR FIREARMS SMUGGLING. (a) Smuggling Into the United States.--Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(q) Whoever, in relation to a crime of violence (as defined in subsection (c)(3)) or a drug trafficking crime (as defined in subsection (c)(2)), smuggles or fraudulently or knowingly imports or brings into the United States a firearm, or attempts to do so, contrary to any law or regulation of the United States shall be fined under this title, imprisoned not less than 15 years, or both.''. (b) Smuggling Out of the United States.--Section 554(a) of title 18, United States Code, is amended by inserting ``, but if the merchandise, article, or object is a firearm (as defined in section 921) and the conduct described in this subsection occurs in relation to a crime of violence (as defined in section 924(c)(3)) or a drug trafficking crime (as defined in section 924(c)(2)), the term of imprisonment for the offense shall be not less than 15 years'' after ``or both''. SEC. 5. ELIGIBILITY REQUIREMENTS FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) FUNDING. Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following: ``(7) A State (or a political subdivision of a State) shall not be eligible to enter into a contractual arrangement under paragraph (1) if the State (or political subdivision)-- ``(A) has in effect any law, policy, or procedure in contravention of subsection (a) or (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); or ``(B) prohibits State or local law enforcement officials from gathering information regarding the citizenship or immigration status, lawful or unlawful, of any individual.''. SEC. 6. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS. Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) and inserting the following: ``(i) In general.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 3-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the officer shall order the alien removed from the United States without further hearing or review, unless-- ``(I) the alien has been charged with a crime; or ``(II) the alien indicates an intention to apply for asylum under section 208 or a fear of persecution and the officer determines that the alien has been physically present in the United States for less than 1 year. ``(ii) Claims for asylum.--If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States, or who has not been admitted or paroled into the United States and has not been physically present in the United States continuously for the 3-year period immediately prior to the date of the determination of inadmissibility under this paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), and the alien indicates either an intention to apply for asylum under section 208 or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B) if the officer determines that the alien has been physically present in the United States for less than 1 year.''. SEC. 7. EXPEDITED REMOVAL OF CRIMINAL ALIENS. (a) In General.--Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended-- (1) by amending the section heading to read as follows: ``expedited removal of criminal aliens''; (2) in subsection (a), by amending the subsection heading to read as follows: ``Expedited Removal From Correctional Facilities''; (3) in subsection (b), by amending the subsection heading to read as follows: ``Removal of Criminal Aliens''; (4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. ``(2) Aliens described.--An alien is described in this paragraph if the alien, whether or not admitted into the United States, was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2).''; (5) in the first subsection (c) (relating to presumption of deportability), by striking ``convicted of an aggravated felony'' and inserting ``described in paragraph (b)(2)''; (6) by redesignating the second subsection (c) (relating to judicial removal) as subsection (d); and (7) in subsection (d)(5) (as so redesignated), by striking ``, who is deportable under this Act,''. (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether temporarily or otherwise,'' after ``enjoin''. SEC. 8. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION. (a) Making Basic Pilot Program Permanent.--Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following ``, except that the basic pilot program described in section 403(a) shall be a permanent program''. (b) Mandatory Use of E-Verify System.-- (1) In general.--Subject to paragraphs (2) and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E- Verify program, established as the basic pilot program by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence. (2) Select entities required to use e-verify program immediately.--The following entities must satisfy the requirement in paragraph (1) by not later than one year after the date of the enactment of this Act: (A) Federal agencies.--Each department and agency of the Federal Government. (B) Federal contractors.--A contractor that-- (i) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1)) applies, and any subcontractor under such contract; or (ii) has entered into a contract exempted from the application of such Act by section 6 of such Act (41 U.S.C. 356), and any subcontractor under such contract; and (C) Large employers.--An employer that employs more than 250 individuals in the United States. (3) Phasing-in for other employers.-- (A) 2 years for employers of 100 or more.--Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than two years after the date of the enactment of this Act. (B) 3 years for employers with 30 or more employees.--All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than three years after the date of the enactment of this Act. (C) 4 years for all employers.--All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than four years after the date of the enactment of this Act. (4) Verifying employment authorization of current employees.--Every person or other entity that employs one or more persons in the United States shall verify through the E- Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States. (5) Defense.--An employer who has complied with the requirements in paragraphs (1) and (4) shall not be liable for hiring an unauthorized alien, if-- (A) such hiring occurred due to an error in the E- Verify program that was unknown to the employer at the time of such hiring; and (B) the employer terminates the employment of the alien upon being informed of the error. (6) Sanctions for noncompliance.--The failure of an employer to comply with the requirements in paragraphs (1) or (4) shall-- (A) be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and (B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A). (7) Voluntary participation of employers not immediately subject to requirement.--Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using the E- Verify program to verify the employment authorization of new hires or current employees. (8) State interference.--No State may prohibit a person or other entity from using the E-verify program to verify the employment authorization of new hires or current employees.

Border Sovereignty and Protection Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require that: (1) at least 350 miles of fencing along the southwest border be two layers of reinforced fencing separated by a Border Patrol access road; (2) such work shall be completed within one year of enactment of this Act; and (3) fencing existing as of April 1, 2009, shall not be considered in meeting the mileage requirement. Gives the Department of Homeland Security (DHS) full authority, concurrent with that of the Department of Justice, to investigate violations of the Controlled Substances Act or the Controlled Substances Import and Export Act. Amends the federal criminal code to provide for a fine and/or at least 15 years imprisonment for firearms smuggling in connection with a crime of violence or drug trafficking. Makes a state or local subdivision ineligible for state criminal alien assistance program (SCAAP) funding if such state or subdivision: (1) has in effect any law, policy, or procedure prohibiting or restricting communication with the Immigration and Naturalization Service or other government entity regarding an individual's citizenship or immigration status; or (2) prohibits state or local law enforcement officials from gathering information regarding an individual's citizenship or immigration status. Sets forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens; and (2) criminal aliens. Makes the basic pilot employment verification (E-Verify) program permanent. Sets forth the following E-Verify compliance schedule: (1) one year from enactment of this Act for federal agencies, federal contractors, and employers of more than 250 persons; (2) two years from enactment for employers of 100 or more persons; (3) three years from enactment for employers of 30 or more persons; and (4) four years from enactment for all employers.

To secure smuggling routes on the U.S.-Mexico border, better prevent the smuggling of narcotics and weapons across the border, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Creating Accountability by Making Effective Recording Available Act of 2017'' or the ``Police CAMERA Act of 2017''. SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following: ``PART MM--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS AND RECORDED DATA ``SEC. 3031. GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance (in this section referred to as the `Director') may make grants to States, units of local government, and Indian tribes to purchase or lease body-worn cameras for use by State, local, and tribal law enforcement officers (as defined in section 2503) and expenses related to the implementation of a body-worn camera program in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against law enforcement officers, and improve evidence collection. ``(b) Duration of Grants.-- ``(1) In general.--Grants awarded under this part shall be 2 years in duration. ``(2) Disbursement of grant amount.--In disbursing a grant awarded to an entity under this section-- ``(A) upon awarding the grant to the entity, the Director shall disburse 50 percent of the total grant amount to the entity; and ``(B) upon demonstration by the entity of completion of the requirements in subsection (d)(1), the Director shall disburse the remaining 50 percent of the total grant amount to the entity. ``(c) Use of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for-- ``(A) the purchase or lease of body-worn cameras for law enforcement officers on patrol in the jurisdiction of the grantee; ``(B) any costs relating to the implementation of a body-worn camera program, including law enforcement officer training or the storage, maintenance, or security of recorded data collected under a body-worn camera program; or ``(C) implementing policies or procedures to comply with the requirements described in subsection (d). ``(d) Requirements.-- ``(1) In general.--The Director shall award a grant under this section to a State, unit of local government, or Indian tribe requesting the grant that commits to-- ``(A) establishing policies and procedures in accordance with the requirements described in paragraph (2) before law enforcement officers use of body-worn cameras; ``(B) adopting recorded data collection and retention protocols as described in paragraph (3) before law enforcement officers use of body-worn cameras; ``(C) making the policies and protocols described in subparagraphs (A) and (B) available to the public; and ``(D) complying with the requirements for use of recorded data under paragraph (5). ``(2) Required policies and procedures.--An entity receiving a grant under this section shall-- ``(A) develop with community input and publish for public view policies and protocols for-- ``(i) the safe and effective use of body- worn cameras; ``(ii) the secure storage, handling, and destruction of recorded data collected by body- worn cameras; ``(iii) protecting the privacy rights of any individual who may be recorded by a body- worn camera; ``(iv) the release of any recorded data collected by a body-worn camera in accordance with the open records laws, if any, of the State; and ``(v) making recorded data available to prosecutors, defense attorneys, and other officers of the court in accordance with paragraph (5); and ``(B) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. ``(3) Recorded data collection and retention protocol.--The recorded data collection and retention protocol described in this paragraph is a protocol that-- ``(A) requires-- ``(i) a law enforcement officer who is wearing a body-mounted camera to provide an explanation if an activity that is required to be recorded by the body-mounted camera is not recorded; ``(ii) a law enforcement officer who is wearing a body-mounted camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness; ``(iii) the collection of recorded data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable; ``(iv) the system used to store recorded data collected by body-worn cameras shall log all viewing, modification, or deletion of stored recorded data and shall prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored recorded data; ``(v) any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and ``(vi) the law enforcement agency to collect and report statistical data on-- ``(I) incidences of use of force, disaggregated by race, ethnicity, gender, and age of the victim; ``(II) the number of complaints filed against law enforcement officers; ``(III) the disposition of complaints filed against law enforcement officers; ``(IV) the number of times camera footage is used for evidence collection in investigations of crimes; and ``(V) any other additional statistical data that the Director determines should be collected and reported; ``(B) allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras; and ``(C) complies with any other requirements established by the Director. ``(4) Reporting.--Statistical data required to be collected under paragraph (3)(A)(vi) shall be reported to the Director, who shall-- ``(A) establish a standardized reporting system for statistical data collected under this program; and ``(B) establish a national database of statistical data recorded under this program. ``(5) Use or transfer of recorded data.-- ``(A) In general.--Recorded data collected by an entity receiving a grant under this section from a body-mounted camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. The Director shall establish rules to ensure that the recorded data is used only for the purposes described in this subparagraph. ``(B) Prohibition on transfer.--Except as provided in subparagraph (C), an entity receiving a grant under this section may not transfer any recorded data collected by the entity from a body-mounted camera to another law enforcement or intelligence agency. ``(C) Exceptions.-- ``(i) Criminal investigation.--An entity receiving a grant under this section may transfer recorded data collected by the entity from a body-mounted camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated. ``(ii) Civil rights claims.--An entity receiving a grant under this section may transfer recorded data collected by the law enforcement agency from a body-mounted camera to another law enforcement agency for use in an investigation of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States. ``(e) Matching Funds.-- ``(1) In general.--Except as provided in paragraph (3), the Federal share of the cost of a program carried out using a grant under this part may not exceed 75 percent of the total cost of the program. ``(2) Indian assistance.--Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the matching requirement described in paragraph (1). ``(3) Waiver.--The Director may waive, in whole or in part, the matching requirement described in paragraph (1) in the case of fiscal hardship, as determined by the Director. ``(f) Allocation of Funds.--For fiscal years 2018 and 2019, of the amounts appropriated to the Bureau of Justice Assistance, $30,000,000 shall be used to carry out this part. ``(g) Audit and Assessment.-- ``(1) In general.--Not later than 2 years after the date of enactment of this part, the Director of the Office of Audit, Assessment, and Management shall perform an assessment of the grant program and the policies and protocols of the grantees. ``(2) Reports.--Not later than September 1 of each year, beginning 2 years after the date of enactment of this part, each recipient of a grant under this part shall submit to the Director of the Office of Audit, Assessment, and Management a report that-- ``(A) describes the progress of the body-worn camera program; and ``(B) contains recommendations on ways in which the Federal Government, States, and units of local government can further support the implementation of the program. ``(3) Review.--The Director of the Office of Audit, Assessment, and Management shall evaluate the policies and protocols of the grantees and take such steps as the Director of the Office of Audit, Assessment, and Management determines necessary to ensure compliance with the program. ``SEC. 3032. BODY-WORN CAMERA TRAINING TOOLKIT. ``(a) In General.--The Director shall establish and maintain a toolkit for law enforcement agencies, academia, and other relevant entities to provide training and technical assistance, including best practices for implementation, model policies and procedures, and research materials. ``(b) Mechanism.--In establishing the toolkit required to under subsection (a), the Director may consolidate research, practices, templates, and tools that been developed by expert and law enforcement agencies across the country. ``SEC. 3033. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director in a form and containing information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this part, the Director shall promulgate regulations to implement this part, including the information that shall be included and the requirements that the States, units of local government, and Indian tribes must meet in submitting the applications required under this section. ``SEC. 3034. STUDY. ``(a) In General.--Not later than 2 years after the date on which all grants are awarded under this part, the Director shall conduct a study on-- ``(1) the efficacy of body-worn cameras in deterring excessive force by law enforcement officers; ``(2) the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers; ``(3) the impact of body-worn cameras on responses to and adjudications of complaints of excessive force; ``(4) the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol; ``(5) the effect of the use of body-worn cameras on public safety; ``(6) the impact of body-worn cameras on evidence collection for criminal investigations; ``(7) issues relating to the secure storage and handling of recorded data from the body-worn cameras; ``(8) issues relating to the privacy of citizens and officers recorded on body-worn cameras; ``(9) issues relating to the public's access to body-worn camera footage; ``(10) the need for proper training of law enforcement officers that use body-worn cameras; ``(11) best practices in the development of protocols for the safe and effective use of body-worn cameras; ``(12) a review of law enforcement agencies that found body-worn cameras to be unhelpful in the operations of the agencies; and ``(13) any other factors that the Director determines are relevant in evaluating the efficacy of body-worn cameras. ``(b) Report.--Not later than 180 days after the date on which the study required under subsection (a) is completed, the Director shall submit to Congress a report on the study, which shall include any policy recommendations that the Director considers appropriate.''.

Police Creating Accountability by Making Effective Recording Available Act of 2017 or the Police CAMERA Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance (BJA) to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras and to implement body-worn camera programs. A state, local government, or Indian tribe that receives a grant must comply with certain requirements, including to establish policies and procedures for the use of body-worn cameras and to adopt recorded data collection and retention protocols. The BJA must establish and maintain a toolkit to provide training and technical assistance, including best practices for implementation, model policies and procedures, and research materials. The BJA must also study and report to Congress on the efficacy, impact, and effect of using body-worn cameras.

Police Creating Accountability by Making Effective Recording Available Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Traveler Improvement Act of 2006''. SEC. 2. IMPROVING THE ``NEXUS'' AND ``FAST'' REGISTERED TRAVELER PROGRAMS. (a) Findings.--The Congress finds the following: (1) Section 7208(k) of the Intelligence Reform and Terrorism Prevention Act of 2004 required that the Secretary of Homeland Security implement a registered traveler program to expedite the processing of registered travelers who enter and exit the United States. In order to include as many participants as possible, the Congress mandated that the Secretary of Homeland Security create a program that-- (A) minimizes the cost of enrollment; (B) makes the program enrollment convenient and easily accessible; and (C) provides applicants with clear and consistent eligibility requirements. (2) According to the Department of State Bureau of Consular Affairs, 400,000 individuals made 48 percent of cross-border trips between the United States and Canada in 2004. These are the frequent travelers that must be encouraged to enroll in expedited traveler programs. (3) Barriers to enrollment in the Free and Secure Trade program (``FAST'' or ``FAST'' program) and the ``NEXUS'' dedicated commuter lane system (``NEXUS'' or ``NEXUS program'') include inadequate numbers and locations of enrollment centers, a confusing application process, and high enrollment fees for non-commercial users. (4) Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, it is imperative that the Department of Homeland Security expand the NEXUS and FAST programs. (b) Merging Requirements of NEXUS and FAST.-- (1) In general.--The Secretary of Homeland Security shall merge the procedures for the programs described in subsection (l) into a single procedure, with common eligibility and security screening requirements, enrollment processes, and sanctions regimes. (2) Specific requirements.--In carrying out paragraph (1), the Secretary shall ensure that-- (A) the procedures for the programs known as ``NEXUS Highway'', ``NEXUS Marine'', and ``NEXUS Air'' are integrated into such single procedure; and (B) the processes relating to eligibility and security screening are identical to those for the FAST program described in subsection (l)(2) on the date of the enactment of this Act. (c) Integrating NEXUS and FAST Information Systems.--The Secretary of Homeland Security shall integrate all databases and information systems for the programs described in subsection (l) in a manner that will permit any identification card issued to a participant to operate in all locations where a program described in such subsection is operating. (d) Creation of NEXUS Convertible Lanes.--In order to expand the NEXUS program described in subsection (l)(2) to major northern border crossings, the Secretary of Homeland Security, in consultation with the Canadian government, shall equip the following northern border crossings with NEXUS technology: (1) Pembina, North Dakota; (2) Sault Ste. Marie, Michigan; (3) Alexandria Bay, New York; (4) Portal, North Dakota; (5) Sweet Grass, Montana; and (6) International Falls, Minnesota. (e) Creation of Remote Enrollment Centers.--The Secretary of Homeland Security, in consultation with the Canadian government, shall create a minimum of 6 remote enrollment centers for the programs described in subsection (l). A remote enrollment center shall be established at each of the border crossings described in subsection (d). (f) Creation of Mobile Enrollment Centers.--The Secretary of Homeland Security, in consultation with the Canadian government, shall create a minimum of 4 mobile enrollment centers for the programs described in subsection (l). Such mobile enrollment centers shall be used to accept and process applications in areas currently underserved by such programs. The Secretary shall work with State and local authorities in determining the locations of mobile enrollment centers. (g) On-Line Application Process.--The Secretary of Homeland Security shall design an on-line application process for the programs described in subsection (l). Such process shall permit individuals to securely submit their applications on-line and schedule a security interview at the nearest enrollment center. (h) Promoting Enrollment.-- (1) Creating incentives for enrollment.--In order to encourage applications for the programs described in subsection (l), the Secretary of Homeland Security shall develop a plan to admit participants at a rate that does not exceed $20 per card issued. The fee for the first renewal shall be waived. (2) Customer service phone number.--In order to provide potential applicants with timely information for the programs described in subsection (l), the Secretary of Homeland Security shall create a customer service telephone number for such programs. (3) Publicity campaign.--The Secretary shall carry out a program to educate the public regarding the benefits of the programs described in subsection (l). (i) Travel Document for Travel Into United States.--For purposes of the plan required under section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note), an identification card issued to a participant in a program described in subsection (l) shall be considered a document sufficient on its own when produced to establish identity and citizenship for travel into the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). (j) Consolidated Background Check Process.-- (1) Requirement.--The Secretary of Homeland Security, in consultation with the Attorney General, shall establish a single process for conducting the security screening and background checks on individuals participating in any of the programs identified under paragraph (2). (2) Included programs.--The process established under paragraph (1) shall apply to the following programs: (A) The Transportation Worker Identification Credential. (B) The security risk determination and related background checks under section 5103a of title 49, United States Code, performed by the Transportation Security Administration as part of the Department of Transportation Hazardous Materials Endorsement credentialing program. (C) The programs described in subsection (l). (D) The Secure Electronic Network for Travelers Rapid Inspection, or ``SENTRI'', program authorized under section 286(q) of the Immigration and Nationality Act (8 U.S.C. 1356(q)). (E) The Registered Traveler program of the Transportation Security Administration. (3) Features of process.--The process established under paragraph (1) shall include the following: (A) A single submission of security screening information, including personal data and biometric information as appropriate, necessary to meet the security requirements of all applicable departmental programs. (B) An ability to submit such security screening information at any location or through any process approved by the Secretary with respect to any of the applicable departmental programs. (C) Acceptance by the Department of a security clearance or other credential issued by a Federal agency, to the extent that the security clearance process of the agency satisfies requirements that are at least as stringent as those of the applicable departmental programs under subsection (b). (D) Appropriate standards and procedures for protecting individual privacy, confidentiality, record retention, and addressing other concerns relating to information security. (4) Deadlines.--The Secretary of Homeland Security shall-- (A) submit a description of the process developed under subsection (a) to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) by not later than 6 months after the date of the enactment of this Act; and (B) begin implementing such process by not later than 12 months after the date of the enactment of this Act. (5) Inclusion of other programs.--The Secretary of Homeland Security shall review other existing or developing Department of Homeland Security programs that include security screening or background checks for participating individuals, and report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) any recommendations for inclusion of such additional programs in the consolidated screening process established under this section. (6) Relationship to other laws.--Nothing in this subsection affects: (A) any statutory or regulatory requirement relating to the operation or standards of the programs described in paragraph (2). (B) any statutory requirement relating to title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b et seq.). (k) Reports.-- (1) Report on implementation.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report on the implementation of subsections (b) through (h) of this Act. (2) Report on coordination.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report on the work being performed to streamline and coordinate the following programs: (A) The programs described in subsection (l). (B) The Secure Electronic Network for Travelers Rapid Inspection, or ``SENTRI'', program authorized under section 286(q) of the Immigration and Nationality Act (8 U.S.C. 1356(q)). (C) The Registered Traveler program of the Transportation Security Administration. (l) Programs.--The programs described in this subsection are the following: (1) The FAST program authorized under subpart B of title IV of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.) (2) The NEXUS program authorized under section 286(q) of the Immigration and Nationality Act (U.S.C. 1356(q)). (m) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for fiscal year 2007 to carry out this section.

Secure Traveler Improvement Act of 2006 - Directs the Secretary of Homeland Security to: (1) merge the Free and Secure Trade program (FAST, a joint United States-Canada program offering pre-authorized importers, carriers, and drivers expedited clearance processes for eligible goods) and the NEXUS program (a joint United States-Canada program designed to simplify border crossings for pre-approved, low risk travellers) dedicated commuter lane system into a single procedure, with common eligibility and security screening requirements, enrollment processes, and sanctions regimes; (2) ensure that the procedures for the NEXUS Highway, NEXUS Marine, and NEXUS Air programs are integrated into such single procedure, and the processes relating to eligibility and security screening are identical to those for the FAST program; (3) integrate databases and information systems to permit any identification card issued to a participant to operate in all locations; (4) design an on-line application process; and (5) develop enrollment plans that do not exceed $20 per card. Directs the Secretary, in consultation with the government of Canada, to: (1) equip specified border crossings in Michigan, New York, North Dakota, Montana, and Minnesota with NEXUS technology; and (2) create at least six remote and four mobile FAST and NEXUS enrollment centers. States that the program card shall satisfy certain travel document requirements for travel into the United States by U.S. citizens and for individuals whose document requirements have been waived under the Immigration and Nationality Act. Directs the Secretary to establish a single process for conducting security screening and background checks for any of the following programs: (1) the transportation worker identification credential; (2) the security risk determination and related background checks performed by the Transportation Security Administration (TSA) as part of the Department of Transportation hazardous materials endorsement credentialing program; (3) the FAST and NEXUS programs; (4) the secure electronic network for travelers rapid inspection program (SENTRI); and (5) the registered traveler program of the TSA.

To improve the "NEXUS" and "FAST" registered traveler programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honduran Refugee Immigration Fairness Act of 1998''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HONDURAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2000; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Honduras-- (1) who was physically present in the United States on December 31, 1995; and (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for adjustment of status under this Act is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation, removal, or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (A) the alien is a national of Honduras; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for at least 1 year; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Honduran Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Honduran nationals (and spouses and children) present in the United States.

Honduran Refugee Immigration Fairness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeds for Soldiers Act''. SEC. 2. TEMPORARY LOAN PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. (a) In General.--The Administrator may make a loan under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to a small business concern owned and controlled by veterans. (b) Special Rules.--Notwithstanding the requirements of section 7 of the Small Business Act (15 U.S.C. 636), the following special rules apply to a loan under this section: (1) The Administrator may make a loan under this section for any business purpose, including the refinancing of any outstanding business debt. (2) No payment of principal on a loan under this section shall be due or payable during the 1-year period beginning on the date on which the loan is issued. Any interest payable with respect to the loan for such period shall be paid by the Administration. (3) A loan may be made under this section if the total amount outstanding and committed to the borrower under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) would not exceed $3,000,000. (4) In the case of an agreement to participate on a deferred basis in a loan under this section-- (A) the participation of the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of disbursement of the loan; (B) the Administrator shall collect (except in the case of a loan that is repayable in 1 year or less) a guarantee fee for any loan under this section, which shall be payable by the participating lender, and may be charged to the borrower as follows: (i) A guarantee fee equal to 0.5 percent of the deferred participation share of a total loan amount that is not more than $150,000. (ii) A guarantee fee equal to 1.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. (iii) A guarantee fee equal to 2 percent of the deferred participation share of a total loan amount that is more than $700,000; and (C) the annual fee assessed and collected on any such loan shall not exceed an amount equal to 0.15 percent of the outstanding balance of the deferred participation share of the loan. (5) The Administrator may make such loans without regard to the ability of a small business concern to obtain credit elsewhere. (6) The Administrator shall make such loans without regard to the availability of collateral to secure such loans. (c) Termination.--The Administrator may not make a loan under this section after December 31, 2008. (d) Definitions.--For the purpose of this section, the terms ``Administrator'', ``Administration'', ``credit elsewhere'', and ``small business concern owned and controlled by veterans'' have the respective meanings given such terms in section 3 of the Small Business Act (15 U.S.C. 632). (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2007. Such sum shall remain available until expended. SEC. 3. TEMPORARY VOCATIONAL DEVELOPMENT PROGRAM FOR VETERANS. (a) Establishment.--In accordance with this section, the Administrator shall make grants to small business development centers for the provision of a program of assistance for veterans that includes training in a vocational or technical trade and entrepreneurial assistance in establishing and operating a small business concern that provides services in such trade. (b) Minimum Grant Amount.--The Administrator shall not make a grant under this section for an amount less than $500,000. (c) Application and Award.-- (1) Application.--To be eligible to receive a grant under this section, a small business development center shall submit to the Administrator an application in such form and containing such information and assurances as the Administrator may require and that includes information regarding the applicant's goals and objectives for the program of assistance to be provided with the grant. (2) Priority in awarding grants.--In awarding the grants, the Administrator shall consider the needs of the area served by the small business development center, including whether the small business development center is located in the proximity of a United States military installation. (d) Termination.--The Administrator shall not make any grant under this section after December 31, 2008. (e) Coordination With Small Business Act.--A grant made under this section shall not be taken into account for purposes of section 21 of the Small Business Act (15 U.S.C. 648). (f) Definitions.--For purposes of this section the following definitions apply: (1) The term ``Administrator'' means the Administrator of the Small Business Administration. (2) The term ``small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). (3) The term ``veteran'' has the meaning given such term in section 3(q)(4) of the Small Business Act (15 U.S.C. 632(q)(4)). (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2007. Such amount shall remain available until expended.

Seeds for Soldiers Act - Authorizes the Administrator of the Small Business Administration (SBA), using loan authority under the Small Business Act, to make loans to small businesses owned and controlled by veterans. Allows such loans to be made for any business purpose, including the refinancing of outstanding business debt. Defers loan principal payments for one year after loan issuance. Prohibits the total amount outstanding and committed to a borrower from exceeding $3 million. Provides conditions under which the Administrator may participate in SBA-guaranteed loans to such businesses, including collection of a loan guarantee fee. Terminates the loan authority at the end of 2008. Directs the Administrator to make grants to small business development centers to enable such centers to provide to veterans a program of assistance that includes training in a vocational or technical trade and entrepreneurial assistance in establishing and operating a small business that provides services in such trade. Provides a minimum grant amount of $500,000. Terminates the grant authority at the end of 2008.

To amend the Small Business Act to establish a temporary loan program and a temporary vocational development program for small business concerns owned and controlled by veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Interest Rate Relief Act of 2002''. SEC. 2. INTEREST RATE RANGE FOR ADDITIONAL FUNDING REQUIREMENTS. (a) Amendments to the Internal Revenue Code of 1986.-- (1) Special rule.--Clause (i) of section 412(l)(7)(C) of the Internal Revenue Code of 1986 (relating to interest rate) is amended by adding at the end the following new subclause: ``(III) Special rule for 2001 through 2004.--For a plan year beginning in 2001, 2002, 2003 or 2004, notwithstanding subclause (I), in the case that the rate of interest used under subsection (b)(5) exceeds the highest rate permitted under subclause (I), the rate of interest used to determine current liability under this subsection may exceed the rate of interest otherwise permitted under subclause (I); except that such rate of interest shall not exceed 120 percent of the weighted average referred to in subsection (b)(5)(B)(ii).'' (2) Quarterly contributions.--Subsection (m) of section 412 of such Code is amended by adding at the end the following new paragraph: ``(7) Special rule for 2005.--In any case in which the interest rate used to determine current liability is determined under subsection (l)(7)(C)(i)(III) for purposes of applying paragraphs (1) and (4)(B)(ii) for plan years beginning in 2005, the current liability for the preceding plan year shall be redetermined using 105 percent as the specified percentage determined under subsection (l)(7)(C)(i)(II).'' (b) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) Special rule.--Clause (i) of section 302(d)(7)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(d)(7)(C)) is amended by adding at the end the following new subclause: ``(III) Special rule for 2001 through 2004.--For a plan year beginning in 2001, 2002, 2003 or 2004, notwithstanding subclause (I), in the case that the rate of interest used under subsection (b)(5) exceeds the highest rate permitted under subclause (I), the rate of interest used to determine current liability under this subsection may exceed the rate of interest otherwise permitted under subclause (I); except that such rate of interest shall not exceed 120 percent of the weighted average referred to in subsection (b)(5)(B)(ii).'' (2) Quarterly contributions.--Subsection (e) of section 302 of such Act (29 U.S.C. 1082) is amended by adding at the end the following new paragraph: ``(7) Special rule for 2005.--In any case in which the interest rate used to determine current liability is determined under subsection (d)(7)(C)(i)(III) for purposes of applying paragraphs (1) and (4)(B)(ii) for plan years beginning in 2005, the current liability for the preceding plan year shall be redetermined using 105 percent as the specified percentage determined under subsection (d)(7)(C)(i)(II).'' (c) PBGC.--Clause (iii) of section 4006(a)(3)(E) of the Employee Retirement Income Security of Act 1974 (29 U.S.C. 1306(a)(3)(E)) is amended by adding at the end the following new subclause: ``(IV) In the case of plan years beginning after December 31, 2001, and before January 1, 2005, subclause (II) shall be applied by substituting `100 percent' for `85 percent' and by substituting `115 percent' for `100 percent'. Subclause (III) shall be applied for such years without regard to the preceding sentence. Any reference to this clause by any other sections or subsections (other than sections 4010, 4011 and 4043) shall be treated as a reference to this clause without regard to this subclause.'' (d) Amendments to Retirement Protection Act of 1994.-- (1) Transition rule made permanent.--Paragraph (1) of section 769(c) of the Retirement Protection Act of 1994 is amended-- (A) by striking ``transition'' each place it appears in the heading and the text, and (B) by striking ``for any plan year beginning after 1996 and before 2010''. (2) Special rules.--Paragraph (2) of section 769(c) of the Retirement Protection Act of 1994 is amended to read as follows: ``(2) Special rules.--The rules described in this paragraph are as follows: ``(A) For purposes of section 412(l)(9)(A) of the Internal Revenue Code of 1986 and section 302(d)(9)(A) of the Employee Retirement Income Security Act of 1974, the funded current liability percentage for any plan year shall be treated as not less than 90 percent. ``(B) For purposes of section 412(m) of the Internal Revenue Code of 1986 and section 302(e)(9) of the Employee Retirement Income Security Act of 1974, the funded current liability percentage for any plan year shall be treated as not less than 100 percent. ``(C) For purposes of determining unfunded vested benefits under section 4006(a)(3)(E)(iii) of the Employee Retirement Income Security Act of 1974, the mortality table shall be the mortality table used by the plan.''. (3) Effective date.--The amendments made by this subsection shall apply to plan years beginning after December 31, 2001.

Pension Interest Rate Relief Act of 2002 - Amends the Internal Revenue Code and Employee Retirement Income Security Act of 1974 by increasing, for plan years beginning 2001 through 2004, the permissible interest rate range used to determine additional funding requirements for certain benefit plans which are not multiemployer plans.Sets forth a special rule regarding the interest rate used to determine liability for plan years beginning in 2005.Amends the Retirement Protection Act of 1994 to establish special rules relating to funding liability percentages and the mortality table to be used for purposes of determining unfunded vested benefits.

To amend the Internal Revenue Code of 1986 to increase the permissible range for the interest rate used in determining the additional funding requirements for defined benefit plans which are not multiemployer plans, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Duwamish Tribal Recognition Act''. (b) Findings. Congress finds the following: (1) In 1855, the Duwamish Tribe signed the Treaty of Point Elliott, which guaranteed fishing rights and reservations to all tribes represented by the Native signatories. (2) The Duwamish signatory was their Chief, Chief Si'ahl, for whom the City of Seattle is named. (3) In 1859, the Treaty of Point Elliott was ratified by Congress. However, the promises made by the United States in the treaty were never fulfilled as to the Duwamish Tribe or its members. (4) In 1925, the Duwamish Tribe officially adopted its constitution and bylaws. (5) The Duwamish Tribe filed suit before the Indian Claims Commission for the value of its lands taken without compensation and a $62,000 judgment ultimately was awarded to the Duwamish. The settlement was eventually distributed per capita at $64 per person to the Duwamish people. (6) In 1976, the Duwamish Tribe first submitted a petition for Federal recognition to the Secretary of the Interior. That petition subsequently was returned to the tribe for revision due to changes in regulations governing the administrative federal acknowledgment process. (7) In 1988, the Duwamish Tribe submitted its completed petition for Federal recognition. (8) In 1996, after years of delay, the Duwamish Tribe received a negative preliminary determination. In response, the tribe addressed the identified problems in its final submission of October 21, 1998. (9) On January 19, 2001, the Duwamish Tribe received a favorable determination for federal recognition from the Assistant Secretary of the Interior for Indian Affairs. (10) On September 26, 2001, the new Assistant Secretary for Indian Affairs unilaterally reversed the January 19, 2001, decision and rejected the Duwamish petition for recognition. (11) On January 4, 2002, the Interior Board of Indian Appeals referred several questions raised by the circumstances of the administrative reversal to the Secretary of the Interior along with directions to decide whether to request further reconsideration by the Assistant Secretary for Indian Affairs in light of those questions. (12) On May 8, 2002, the Secretary of the Interior refused to refer the Duwamish petition back to the Assistant Secretary for Indian Affairs for further consideration. (13) Nearly 150 years after the Duwamish Tribe signed the Point Elliott Treaty, the Duwamish people still seek the recognition which was established by the treaty. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Member.--The term ``member'' means an enrolled member of the Duwamish Tribe, as of the date of the enactment of this Act, or an individual who has been placed on the membership roles in accordance with this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Duwamish Tribe. SEC. 3. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Duwamish Tribe. All laws and regulations of the United States of general application to Indians, or nations, tribes, or band of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are not inconsistent with any specific provision of this Act, shall be applicable to the Tribe and its members. SEC. 4. FEDERAL SERVICES AND BENEFITS. (a) In General.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (b) Service Area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall consist of the following: King County, Kitsap County, Pierce County, Lewis County, and Mason County. SEC. 5. MEMBERSHIP. Not later than 9 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled in the Tribe. The qualifications for inclusion on the membership roll of the Tribe shall be determined by the membership clauses in the Tribe's governing document, in consultation with the Secretary. Upon completion of the roll, the Secretary shall immediately publish notice of the roll in the Federal Register. The Tribe shall ensure that such roll is maintained and kept current. SEC. 6. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 9 months after the date of the enactment of this Act, the Tribe shall conduct, by secret ballot, an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Tribe which were submitted to the Department of the Interior during the acknowledgment petition process. (b) Officials.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Until such time as a new governing body is elected, the governing body of the Tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 7. LAND IN TRUST. (a) Requirement to Take Land Into Trust.--If, not later than 10 years after the date of the enactment of this Act, the Tribe transfers all right, title, and interest in and to any land within the Tribe's service area identified under section 4(b) or land identified under subsection (b) as its aboriginal homelands to the Secretary, the Secretary shall take such land into trust for the benefit of the Tribe. (b) Identification of Aboriginal Lands.--Not later than 10 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall identify those lands which shall be considered the aboriginal homelands of the Tribe for the purposes of subsection (a). (c) No Federal Liability on Trust Acceptance.--Notwithstanding any other provision of law, the United States should not incur any liability for conditions on any parcels of land taken into trust under this section.

Duwamish Tribal Recognition Act - Extends all Federal laws and regulations to the Duwamish Tribe.Declares the Tribe and its members eligible for all services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. Defines the Tribe's service area for purposes of the delivery of Federal services.Requires the Tribe to submit to the Secretary of the Interior a membership roll of all individuals enrolled in the Tribe.Requires the Tribe to conduct an election by secret ballot to adopt a constitution and bylaws for the Tribe. Requires the Tribe to elect a governing body in accordance with the procedures set forth in its constitution and bylaws.Requires the Secretary to take Tribe service area or aboriginal lands into trust for the benefit of the Tribe if the Tribe transfers all right, title, and interest in and to the land to the Secretary within ten years. Requires the Secretary of the Interior and the Secretary of Agriculture to identify those lands which shall be considered the aboriginal homelands of the Tribe.

To extend Federal recognition to the Duwamish Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to establish a pilot program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 36(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers. ``(2) Association.--The term `Association' means the association, established pursuant to section 21(a)(3)(A), representing a majority of Small Business Development Centers. ``(3) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the pilot program. ``(4) Pilot program.--The term `pilot program' means the pilot program established under this section. ``(5) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(6) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(7) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. ``(b) Authority.--In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers, the Association, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the pilot program, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such centers will provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990; ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; and ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator. ``(2) Reports.-- ``(A) In general.--Each participating Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the pilot program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report referred to in subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--During any time period falling between the transmittal of quarterly reports, a participating Small Business Development Center may transmit to the Administrator any interim report containing data or information considered by the center to be necessary or useful. ``(D) Limitation on disclosure requirements.--The Administrator may not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the pilot program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal enforcement action commenced by a Federal or State agency. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the pilot program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; and ``(B) transmit to the President and to the Committees on Small Business of the Senate and House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the pilot program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the pilot program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the pilot program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the pilot program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations. ``(e) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the pilot program only if the center is certified under section 21(k)(2). ``(2) Waiver.--With respect to a Small Business Development Center seeking assistance under the pilot program, the Administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--This subsection shall take effect on October 1, 2001. ``(f) Selection of Participating State Programs.-- ``(1) In general.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the pilot program established by this section: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for selection.--The Administrator shall make selections under this subsection not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2001. ``(g) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the pilot program. ``(h) Distribution of Grants.-- ``(1) In general.--Each State program selected to receive a grant under subsection (f) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that-- ``(i) the population of the State; bears to ``(ii) the population of all the States with programs selected to receive grants under subsection (f) for the fiscal year. ``(2) Minimum amount.--Notwithstanding paragraph (1), the minimum amount that a State program selected to receive a grant under subsection (f) shall be eligible to receive under this section in the fiscal year shall be $200,000. ``(i) Evaluation and Report.--Not later than 3 years after the establishment of the pilot program, the Comptroller General of the United States shall conduct an evaluation of the pilot program and shall transmit to the Administrator and to the Committees on Small Business of the Senate and House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2002 and each fiscal year thereafter. ``(2) Limitation on use of other funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the pilot program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the pilot program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the pilot program. SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Privacy requirements.-- ``(A) In general.--No Small Business Development Center, consortium of Small Business Development Centers, or contractor or agent of a Small Business Development Center shall disclose the name or address of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, except that-- ``(i) the Administrator shall require such disclosure if ordered to do so by a court in any civil or criminal enforcement action commenced by a Federal or State agency; and ``(ii) if the Administrator considers it necessary while undertaking a financial audit of a Small Business Development Center, the Administrator shall require such disclosure for the sole purpose of undertaking such audit. ``(B) Regulations.--The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under subparagraph (A)(ii).''. Passed the House of Representatives October 2, 2001. Attest: JEFF TRANDAHL, Clerk.

National Small Business Regulatory Assistance Act of 2001 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), acting through the Associate Administrator for Small Business Development Centers (SBDCs), to establish a pilot program to provide regulatory compliance assistance to small businesses through participating SBDCs, the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating SBDCs to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; and (5) referrals to experts and other providers of compliance assistance. Requires each SBDC to transmit quarterly reports to the Administrator that include: (1) summaries of the regulatory compliance assistance provided; and (2) any data and information obtained from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns.Directs the Administrator to: (1) act as the repository of and clearinghouse for data and information submitted by SBDCs; and (2) transmit to the President and the congressional small business committees annual reports on assistance provided, including data and information on cases in which one or more SBDCs offered conflicting information on compliance with a Federal or State regulation, any recommendations for improvements in the regulation of small business concerns, and a list of regulations identified as being most burdensome to such concerns and recommendations to reduce or eliminate the burdens.Provides that only certified SBDCs shall be eligible to receive assistance. Permits the waiver of such requirement if the SBDC is making a good faith effort to obtain certification.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the SBDC programs of two States from each of ten groups of States for participation in the pilot program. Makes each State program selected eligible to receive a grant of at least $200,000 based on the relative populations of States selected.Directs the Comptroller General to conduct an evaluation of the pilot program and transmit to the Administrator and the small business committees a report containing the results along with any recommendations as to whether such program should be extended to include the participation of all SBDCs.Authorizes appropriations. Amends the Small Business Act to prescribe privacy requirements applicable to SBDCs.

To amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elevating Educator Preparation Through Innovation Act of 2016''. SEC. 2. DEFINITIONS UNDER TITLE II. Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended-- (1) by striking paragraph (6) and inserting the following: ``(6) Eligible partnership.-- ``(A) Eligible entity.--In this paragraph, the term `eligible entity' means an entity that shall include-- ``(i) a high-need local educational agency; and ``(ii)(I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or ``(II) as applicable, a high-need early childhood education program. ``(B) In general.--Except as otherwise provided in section 251, the term `eligible partnership' means an eligible entity that is in partnership with at least one of the following entities that has a demonstrated record of success with high-need local educational agencies (including addressing the eligible entity's current human capital needs): ``(i) A partner institution. ``(ii) A school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title. ``(iii) A school or department of arts and sciences within such partner institution. ``(iv) An entity operating a program that provides alternative routes to State certification of teachers. ``(v) A public or private nonprofit educational organization. ``(vi) An educational service agency. ``(C) Permissive partners.--An `eligible partnership' may include any of the following: ``(i) The Governor of the State. ``(ii) The State educational agency. ``(iii) The State board of education. ``(iv) The State agency for higher education. ``(v) A business. ``(vi) A teacher organization. ``(vii) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership. ``(viii) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965). ``(ix) A school or department within the partner institution that focuses on psychology and human development. ``(x) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.''; (2) in paragraph (22)-- (A) in subparagraph (B), by striking ``the partner institution'' and inserting ``an eligible partner described in any of clauses (i) through (vi) of paragraph (6)(B)''; and (B) by striking subparagraph (D) and inserting the following: ``(D) prior to completion of the program, attains full State teacher certification or licensure and, with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act.''; and (3) in paragraph (23)(A), by inserting ``, which may include through the use of data, including data from interim, formative, and summative assessments, and student growth data, attendance, behavior, and course grades to improve student achievement and to improve classroom instruction'' after ``knowledge''. SEC. 3. USE OF GRANTS. Section 202(c) of the Higher Education Act of 1965 (20 U.S.C. 1022a(c)) is amended-- (1) in paragraph (1), by striking ``and'' after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) may use not more than 10 percent of grant funds to-- ``(A) encourage the preservice and inservice clinical experiences and interactions of prospective and resident teachers to inform the design of high- quality professional development, as described in section 8101(42) of the Elementary and Secondary Education Act of 1965, and induction programs for new teachers, if the student teaching or teaching residency program school and the placement school of such teachers are served by the same local educational agency; ``(B) improve teacher preparation programs' clinical experiences, interactions, and curricula by identifying skill deficits of prospective teachers; and ``(C) create a feedback loop using data between teacher preparation programs and local educational agencies' professional development for new teachers.''. SEC. 4. EVALUATIONS. Section 204(d) of the Higher Education Act of 1965 (20 U.S.C. 1022b) is amended to read as follows: ``(d) Evaluation and Dissemination.--From amounts appropriated under section 209, the Secretary, acting through the Director of the Institute of Education Sciences, shall-- ``(1) carry out an independent evaluation to measure the effectiveness of the programs operated by the partnerships assisted under this part; ``(2) report the findings regarding the evaluation to the authorizing committees; and ``(3) disseminate-- ``(A) successful practices developed by eligible partnerships under this part; and ``(B) information regarding such practices that were found to be ineffective.''.

Elevating Educator Preparation Through Innovation Act of 2016 This bill amends title II (Teacher Quality Enhancement) of the Higher Education Act of 1965 to revise provisions related to the Teacher Quality Partnership grant program. Specifically, the bill: modifies requirements regarding which types of entities must, or may, be included in a grant-eligible partnership; eliminates the requirement that a teaching residency program must culminate in the attainment of a master's degree; and expands the purposes for which grant funds may be used.

Elevating Educator Preparation Through Innovation Act of 2016

SECTION 1. TAXABLE EXPENDITURES OF PRIVATE FOUNDATIONS NOT TO INCLUDE CERTAIN EDUCATION GRANTS AND LOANS. (a) In General.--Section 4945 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by adding after subsection (h) the following new subsection: ``(i) Qualified Employer-Related Grant Programs.-- ``(1) In general.--An individual grant shall be treated as made on an objective and nondiscriminatory basis for purposes of subsection (g)(1) if it is demonstrated to the satisfaction of the Secretary that it was made pursuant to a qualified employer-related grant program. ``(2) Qualified employer-related grant program.--For purposes of this subsection, the term `qualified employer- related grant program' means any employer-related grant program which-- ``(A) is not used to recruit employees of the employer, or to induce employees to continue their employment with the employer or otherwise follow a course of action sought by the employer, ``(B) selects grantees by a committee consisting entirely of individuals who are not-- ``(i) in a position to directly or indirectly derive a private benefit if certain applicants are selected, or ``(ii) current or former directors, officers, or employees of the employer or disqualified persons with respect to the private foundation, ``(C) limits potential grantees to those who meet the minimum standards for admission to an educational institution (within the meaning of section 170(b)(1)(A)(ii)), ``(D) selects grantees based upon objective criteria which are-- ``(i) related to enabling grantees to obtain an education solely for their personal benefit, and ``(ii) not related (aside from the initial qualification of the group of potential grantees) to the employment of the grantees or employees whose spouses or children are grantees or to the employer's line of business, ``(E) does not fail to make grants, or does not terminate or decline to renew grants previously made, solely because of the failure of-- ``(i) employees who are grantees, or employees whose spouses or children are grantees, to remain employed by the employer for any length of time, or ``(ii) grantees to agree to become employed by the employer at any time, ``(F) does not limit the courses of study for which the grants are available, ``(G) is not established pursuant to an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and the employer, if there is evidence that the program was the subject of good faith bargaining between such employee representatives and such employer, and ``(H) excludes from among the potential grantees-- ``(i) disqualified persons with respect to the private foundation, and ``(ii) highly compensated employees or spouses or children of highly compensated employees. ``(3) Definitions.--For purposes of this subsection-- ``(A) Employer-related grant program.--The term `employer-related grant program' means any program of making grants conducted by a private foundation that-- ``(i) treats employees (or spouses or children of employees) of an employer as a group from which grantees of all or a portion of the grants will be selected, ``(ii) limits the potential grantees of all or a portion of the grants to employees (or spouses or children of employees) of an employer, or ``(iii) otherwise gives employees (or spouses or children of employees) of an employer a preference or priority over other individuals in being selected as grantees of such grants. ``(B) Highly compensated employee.--The term `highly compensated employee' means a highly compensated employee under subparagraph (A) or (B) of section 414(q)(1), except that the $75,000 amount under subparagraph (B) shall be adjusted at the same time and in the same manner as under section 415(d).'' (b) Effective Date.--The amendments made by this section shall apply to grants or loans made after the date of enactment of this Act.

Amends the Internal Revenue Code to exempt a private foundation making an employer-related grant from the excise tax on taxable expenditures when an individual scholarship or fellowship grant made by such a foundation is made on an objective and nondiscriminatory basis and is made pursuant to a qualified employer-related grant program.

A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of educational grants by private foundations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Major League Baseball Act of 1994''. SEC. 2. ESTABLISHMENT. There is hereby established the National Commission on Major League Baseball (hereafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of five members, all of whom shall be appointed by the President. The President shall appoint-- (1) one member after consultation with the Major League Baseball Players Association; (2) one member after consultation with the owners of Major League Baseball; and (3) three members (after consultations with baseball fan organizations and the informal solicitation of recommendations from the general public), one of whom the President shall designate as Chairman of the Commission. (b) Term.--Members of the Commission shall be appointed for a six- year term. No individual may serve as a member for more than one term. (c) Quorum.--A majority of the members of the Commission shall constitute a quorum, but the Commission may provide for the taking of testimony and the reception of evidence at meetings at which there are present not less than three members of the Commission. (d) Appointment Date.--The first appointments made under subsection (a) shall be made within 60 days after the date of enactment of this Act. (e) First Meeting.--The first meeting of the Commission shall be called by the Chairman and shall be held within 90 days after the date of enactment of this Act. (f) Public Meetings.--All Commission meetings shall be open to the public. (g) Vacancy.--If any member of the Commission is unable to serve a full term or becomes unqualified to serve in such position, a new member shall be appointed to serve the remainder of such term of office, within 45 days of the vacancy, in the same manner in which the original appointment was made. SEC. 4. DUTIES OF THE COMMISSION. The duties of the Commission are to oversee and regulate any aspect of Major League Baseball, where, in the opinion of the Commission, it is in the best interests of baseball to intervene, including but not limited to the-- (1) conduct of binding arbitration in the event of a labor impasse; (2) setting of ticket prices; (3) expansion and relocation of franchises; (4) financing of any stadium; (5) regulation of television revenues; (6) regulation of marketing and merchandising revenues; and (7) revenue sharing disputes among the owners of Major League Baseball. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission or, on authorization of the Commission, a panel of at least three members of the Commission, may hold such hearings, sit and act at such time and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Obtaining Data.--The Commission may secure directly from any Federal department, agency, or court information and assistance necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of such agency or department shall furnish such information or assistance to the Commission. In addition, the Commission may request any relevant information from any appropriate parties with an interest in Major League Baseball. (c) Subpoena Power.-- (1) Issuance.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within a judicial district at any designated place of hearing within the judicial district. (2) Enforcement.--If a person issued a subpoena under paragraph (1) refuses to obey the subpoena or is guilty of contumacy, any court of the United States within the judicial district within which the hearing is conducted or within the judicial district within which the person is found or resides or transacts business may (upon application by the Commission) order the person to appear before the Commission to produce evidence or to give testimony relating to the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt of the court. (3) Manner of service.--A subpoena of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Place of service.--All process of any court to which application may be made under this section may be served in the judicial district in which the person required to be served resides or may be found. (d) Facilities and Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. Upon request of the Commission, the head of a Federal department or agency may make any of the facilities and services of such agency available to the Commission to assist the Commission in carrying out its duties under this Act. (e) Expenditures and Contracts.--The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or member considers appropriate for the purposes of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as are provided in appropriations Acts. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies of the United States. SEC. 6. COMPENSATION OF THE COMMISSION. (a) Pay.--Each member of the Commission shall be a full-time Federal employee and shall be paid at an annual rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. (b) Travel.--Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The Chairman of the Commission may appoint and terminate no more than ten staff personnel to enable the Commission to perform its duties. (2) Compensation.--The Chairman of the Commission may fix the compensation of personnel without regard to the provisions of chapter 51 and subchapter II of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code. SEC. 8. REPORT TO CONGRESS. No later than three years after the date of the enactment of this Act, the Commission shall submit a report to the Congress on the need for continuing the antitrust exemption for Major League Baseball and the possible effects resulting from the elimination of such exemption. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,500,000 to carry out this Act. SEC. 10. EFFECTIVE DATE. This Act shall take effect on the date of enactment.

National Commission on Major League Baseball Act of 1994 - Establishes the National Commission on Major League Baseball to oversee and regulate specified business aspects of major league baseball. Instructs the Commission to report to the Congress on the need for continuing the antitrust exemption for major league baseball and the possible effects resulting from elimination of such exemption. Authorizes appropriations.

National Commission on Major League Baseball Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Highway Borders Act of 2005''. SEC. 2. COORDINATED BORDER INFRASTRUCTURE PROGRAM. Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Coordinated border infrastructure program ``(a) Definitions.--In this section: ``(1) Border region.--The term `border region' means the portion of a border State that is located within 100 kilometers of a land border crossing with Canada or Mexico. ``(2) Border state.--The term `border State' means any State that has a boundary in common with Canada or Mexico. ``(3) Commercial vehicle.--The term `commercial vehicle' means a vehicle that is used for the primary purpose of transporting cargo in international or interstate commercial trade. ``(4) Passenger vehicle.--The term `passenger vehicle' means a vehicle that is used for the primary purpose of transporting individuals. ``(b) Program.--The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico. ``(c) Eligible Uses.--Allocations to States under this section may only be used in a border region for-- ``(1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements; ``(2) construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements relating to international trade; ``(3) operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border vehicle and cargo movement; ``(4) international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross-border vehicle and cargo movements; ``(5) projects in Canada or Mexico proposed by 1 or more border States that directly and predominantly facilitate cross- border vehicle and commercial cargo movements at the international gateways or ports of entry into a border region; and ``(6) planning and environmental studies. ``(d) Allocations of Funds.-- ``(1) In general.--For each fiscal year, the Secretary shall allocate among border States, in accordance with the formula described in paragraph (2), funds to be used in accordance with subsection (c). ``(2) Formula.--Subject to paragraph (3), the amount allocated to a border State under this paragraph shall be determined by the Secretary, as follows: ``(A) 25 percent in the ratio that-- ``(i) the average annual weight of all cargo entering the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the average annual weight of all cargo entering all border States by commercial vehicle across the international borders with Canada and Mexico. ``(B) 25 percent in the ratio that-- ``(i) the average trade value of all cargo imported into the border State and all cargo exported from the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the average trade value of all cargo imported into all border States and all cargo exported from all border States by commercial vehicle across the international borders with Canada and Mexico. ``(C) 25 percent in the ratio that-- ``(i) the number of commercial vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico. ``(D) 25 percent in the ratio that-- ``(i) the number of passenger vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the number of all passenger vehicles annually entering all border States across the international borders with Canada and Mexico. ``(3) Data source.-- ``(A) In general.--The data used by the Secretary in making allocations under this subsection shall be based on the Bureau of Transportation Statistics Transborder Surface Freight Dataset (or other similar database). ``(B) Basis of calculation.--All formula calculations shall be made using the average values for the most recent 5-year period for which data are available. ``(4) Minimum allocation.--Notwithstanding paragraph (2), for each fiscal year, each border State shall receive at least \1/2\ of 1 percent of the funds made available for allocation under this paragraph for the fiscal year. ``(e) Cost Sharing.--The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent. ``(f) Transfer of Funds to the Administrator of General Services.-- ``(1) In general.--At the request of a State, funds allocated to the State under this section shall be transferred to the Administrator of General Services for the purpose of funding a project under the administrative jurisdiction of the Administrator in a border State if the Secretary determines, after consultation with the State transportation department, as appropriate, that-- ``(A) the Administrator should carry out the project; and ``(B) the Administrator agrees to use the funds to carry out the project. ``(2) No augmentation of appropriations.--Funds transferred under paragraph (1) shall not be considered to be an augmentation of the amount of appropriations made to the General Services Administration. ``(3) Administration.--Funds transferred under paragraph (1) shall be administered in accordance with the procedures applicable to the General Services Administration, except that the funds shall be available for obligation in the same manner as other funds apportioned under this chapter. ``(4) Transfer of obligation authority.--Obligation authority shall be transferred to the Administrator of General Services in the same manner and amount as funds are transferred for a project under paragraph (1). ``(g) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $200,000,000 for each of fiscal years 2006 through 2011. ``(2) Obligation authority.--Funds made available to carry out this section shall be available for obligation as if the funds were apportioned in accordance with section 104. ``(3) Exclusion from calculation of minimum guarantee.--The Secretary shall calculate the amounts to be allocated among the States under section 105 without regard to amounts made available to the States under this subsection.''. SEC. 3. CONFORMING AMENDMENTS. (a) Section 1101(a) of the Transportation Equity Act for the 21st Century (112 Stat. 111) is amended by striking paragraph (9) and inserting the following: ``(9) Coordinated border infrastructure program.--For the coordinated border infrastructure program under section 165 of title 23, United States Code, $200,000,000 for each of fiscal years 2006 through 2011.''. (b) Sections 1118 and 1119 of the Transportation Equity Act for the 21st Century (112 Stat. 161) are repealed. (c) The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 164 the following: ``165. Coordinated border infrastructure program.''.

National Highway Borders Act of 2005 - Directs the Secretary of Transportation to establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States (i.e., States with a common boundary with Canada or Mexico) for projects within a border region (the portion of a border State located within 100 kilometers of a land border crossing with Canada or Mexico) to improve the safe movement of people and goods at or across the U.S.-Canadian and U.S.-Mexican borders. Permits allocations to States to be used in a border region only for specified: (1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movement; (2) construction of highways and related safety and safety enforcement facilities; (3) operational improvements; (4) international coordination of planning, programming, and border operation; (5) projects in Canada or Mexico proposed by border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements; and (6) planning and environmental studies. Directs the Secretary to allocate funds among border States on the basis of a specified formula. Sets the Federal cost share of projects under this Act at 80 percent.

A bill to amend title 23, United States Code, to establish programs to facilitate international and interstate trade.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Dependent Hospital Relief Act of 1995''. SEC. 2. DEVELOPMENT OF SEPARATE APPLICABLE PERCENTAGE INCREASES FOR MEDICARE DEPENDENT HOSPITALS AND OTHER HOSPITALS BY THE PROSPECTIVE PAYMENT ASSESSMENT COMMISSION. (a) Development of Separate Applicable Percentage Increases.-- (1) In general.--The Prospective Payment Assessment Commission established under section 1886(e)(2) of the Social Security Act (42 U.S.C. 1395ww(e)(2)) (in this section referred to as the ``Commission'') shall, in accordance with paragraph (2), develop for fiscal year 1997 and each fiscal year thereafter separate applicable percentage increases described in section 1886(b)(3)(B) of such Act (42 U.S.C. 1395ww(b)(3)(B)) for medicare dependent hospitals and subsection (d) hospitals which are not medicare dependent hospitals. (2) Equalization of medicare margins.--The Commission shall develop separate applicable percentage increases under paragraph (1) such that, if such factors were in effect, the estimated average annual medicare margins of all medicare dependent hospitals in furnishing inpatient hospital services to medicare beneficiaries in such fiscal year would be equal to the average annual medicare margins of all subsection (d) hospitals which are not medicare dependent hospitals in furnishing inpatient hospital services to medicare beneficiaries in such fiscal year. (3) Budget neutrality.--The Commission shall provide that the separate applicable percentage increases developed under paragraph (1) would, if in effect, not result in aggregate payments under section 1886 of the Social Security Act (42 U.S.C. 1395ww) to medicare dependent hospitals and subsection (d) hospitals which are not medicare dependent hospitals for the furnishing of inpatient hospital services in a fiscal year in excess of the aggregate payments under such section to such hospitals in such fiscal year if such factors were not in effect. (b) Reports.-- (1) In general.--Beginning in March 1996, the Commission shall, in each of the Commission's March reports to the Congress required under section 1886(e)(3) of the Social Security Act (42 U.S.C. 1395ww(e)(3)) include-- (A) the separate applicable percentage increases developed by the Commission under subsection (a)(1) for the upcoming fiscal year; and (B) recommendations on methods to ensure that medicare beneficiaries who receive services furnished by medicare dependent hospitals have the same access and quality of care as medicare beneficiaries who are furnished services by subsection (d) hospitals which are not medicare dependent hospitals. (2) Annual review of medicare margins.--The Commission shall develop the recommended methods under paragraph (1)(B) after annually reviewing the average medicare margins in medicare dependent hospitals and the impact of such medicare margins on the medicare dependent hospitals' overall profit margins. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). (2) Medicare dependent hospital.--The term ``medicare dependent hospital'' means any subsection (d) hospital-- (A) that is not classified as a sole community hospital under section 1886(d)(5)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(D)); and (B) for which not less than 60 percent of its inpatient days were attributable to medicare beneficiaries during 2 of the last 3 preceding fiscal years for which data is available. (3) Medicare margin.-- (A) In general.--The term ``medicare margin'' means for a fiscal year the ratio expressed as a percentage equal to-- (i) the difference between all medicare revenues paid to a hospital for the operating costs of inpatient hospital services in a fiscal year and all medicare program eligible expenses for such operating costs for such fiscal year (as shown by each hospital's HCFA 2552 report submitted annually to the Health Care Financing Administration); divided by (ii) all medicare revenues paid to the hospital for the operating costs of inpatient hospital services for such fiscal year. (B) Operating costs of inpatient hospital services.--The term ``operating costs of inpatient hospital services'' has the meaning given such term in section 1886(a)(4) of the Social Security Act (42 U.S.C. 1395ww(a)(4)). (4) Subsection (d) hospital.--The term ``subsection (d) hospital'' has the meaning given such term in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)).

Medicare Dependent Hospital Relief Act of 1995 - Directs the Prospective Payment Assessment Commission to: (1) develop separate applicable percentage increases for Medicare dependent and certain non-Medicare dependent hospitals to ensure that the average annual Medicare margins of the two hospitals are equalized while ensuring budget neutrality; and (2) include in each of its March reports to the Congress the percentage increases for the upcoming fiscal year, as well as recommendations on methods for ensuring that Medicare beneficiaries who receive Medicare dependent hospital services have the same access and quality of care as those beneficiaries furnished with certain non-Medicare dependent hospital services.

Medicare Dependent Hospital Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Reform Act of 2006''. SEC. 2. MATCHING FUNDS FOR HOUSE CANDIDATES. (a) Matching Funds.--The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new title: ``TITLE V--MATCHING FUNDS FOR HOUSE CANDIDATES ``SEC. 501. AVAILABILITY OF MATCHING FUNDS. ``(a) In General.--An eligible House of Representatives candidate shall be entitled to receive payments under this title in support of the candidate's campaign for election in an amount equal to the amount of qualified contributions received by the candidate, but not to exceed the aggregate matching payment limit under subsection (b). ``(b) Aggregate Matching Payment Limit for Candidate.--The aggregate matching payment limit with respect to an eligible House of Representatives candidate in an election is $175,000, subject to the following adjustments: ``(1) If any opponent of the candidate who is not an eligible House of Representatives candidate receives contributions with respect to the election in an aggregate amount exceeding $500,000, the aggregate matching payment limit shall be equal to the aggregate amount of contributions received by the opponent. ``(2) In the case of an election which is a contested primary election (as determined by the Commission), if any opponent of the candidate receives contributions in an aggregate amount exceeding $50,000, the aggregate matching payment limit shall be increased by $75,000. ``(3) In the case of an election which is a runoff election, the aggregate matching payment limit shall be increased by $50,000. ``(c) Qualified Contribution Defined.--In this section, the term `qualified contribution' means, with respect to a candidate for an election, a contribution-- ``(1) which is made by an individual residing in the State in which the candidate seeks election whose aggregate contributions to the candidate for the election do not exceed $500; and ``(2) which is in the form of a gift of money made by a written instrument that identifies the individual making the contribution. ``(d) Source of Payments.--All payments made under this title shall be made from the House of Representatives Election Campaign Account described in section 503. ``SEC. 502. ELIGIBLE HOUSE OF REPRESENTATIVES CANDIDATE DEFINED. ``(a) In General.--For purposes of this title, an `eligible House of Representatives candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who files a statement of participation with the Commission in which the candidate certifies each of the following: ``(1) In the election cycle, the candidate has received $10,000 in contributions from individuals. ``(2) The candidate qualifies for the primary or general election ballot. ``(3) The candidate has an opponent on the primary or general election ballot. ``(4) The candidate will not receive contributions or make expenditures with respect to the election in excess of-- ``(A) $500,000; or ``(B) the aggregate matching payment limit for the candidate under section 501(b), whichever is greater. ``(5) The candidate agrees to cooperate in the case of any audit by the Commission by furnishing such campaign records and other information as the Commission may require. ``(b) Repayment of Matching Funds.--If an eligible House of Representatives candidate receives contributions or makes expenditures in excess of the spending limit specified in subsection (a)(4), the candidate shall repay the House of Representatives Election Campaign Account described in section 503 an amount equal to the amounts spent in excess of such limit. ``SEC. 503. HOUSE OF REPRESENTATIVES ELECTION CAMPAIGN ACCOUNT. ``(a) Account.-- ``(1) In general.--The Secretary shall maintain in the Presidential Election Campaign Fund established by section 9006(a) of the Internal Revenue Code of 1986, in addition to any other accounts maintained under such section, a separate account to be known as the House of Representatives Election Campaign Account. ``(2) Amounts.--The Secretary shall deposit in the Account, for use by eligible House of Representatives candidates-- ``(A) the amounts available after the Secretary determines that the amounts in the Presidential Election Campaign Fund necessary for payments under subtitle H of the Internal Revenue Code of 1986 are adequate; ``(B) any repayments made under section 502(b); and ``(C) any amount appropriated pursuant to the supplemental authorization described in paragraph (3). ``(3) Supplemental authorization.--If the Secretary issues a certification that amounts in the Account will not be adequate to make payments under this title during a fiscal year, there are authorized to be appropriated for such fiscal year for deposit in the Account such sums as may be necessary to ensure that amounts in the Account will be adequate to make such payments (as provided by the Secretary in the certification). ``(4) Availability.--All amounts in the Account shall remain available without fiscal year limitation. ``(b) Certification and Payment.-- ``(1) Certification.--Except as provided in paragraphs (2) and (3), not later than 5 days after receiving a request for payment under this title from an eligible House of Representatives candidate, the Commission shall submit to the Secretary of the Treasury a certification for payment of the amount to which a candidate is entitled under section 501. Upon receipt of such a certification, the Secretary shall promptly pay to the candidate from the House of Representatives Election Campaign Account maintained pursuant to subsection (a) the amount certified by the Commission. ``(2) Payments.--The initial payment under this section to an eligible candidate shall be $10,000. All payments shall be-- ``(A) made not later than 48 hours after certification under paragraph (1); and ``(B) subject to proportional reduction in the case of an insufficient balance in the Account maintained pursuant to subsection (a). ``(3) Incorrect request.--If the Commission determines that any portion of a request is incorrect, the Commission shall withhold the certification for that portion only and inform the candidate as to how the candidate may correct the request.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after December 2006.

Campaign Reform Act of 2006 - Amends the Federal Election Campaign Act of 1971 to entitle an eligible House of Representatives candidate to receive payments in support of the candidate's election campaign in an amount equal to the amount of qualified contributions received, not to exceed the aggregate matching payment limit of $175,000, subject to specified adjustments. Establishes the House of Representatives Election Campaign Account, as a separate account in the Presidential Election Campaign Fund, from which all payments under this Act shall be made.

To amend the Federal Election Campaign Act of 1971 to provide matching funds for candidates in elections for the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximum Economic Growth for America Through Safety Improvements Act'' or the ``MEGA Safe Act''. SEC. 2. SCHOOL CROSSING ZONE AND OTHER PEDESTRIAN AND BICYCLE CROSSING ZONE IMPROVEMENT PROGRAM. Section 104 of title 23, United States Code, is amended-- (1) by redesignating subsections (e) through (l) as subsections (f) through (m), respectively; and (2) by inserting after subsection (d) the following: ``(e) School Crossing Zone and Other Pedestrian and Bicycle Crossing Zone Improvements.-- ``(1) In general.--Before making an apportionment under subsection (b)(3) for a fiscal year, the Secretary shall set aside $25,000,000 for the fiscal year for carrying out a program to assist local governments in placing fluorescent yellow-green signs to mark school zone crossing and other pedestrian and bicycle highway crossing zones. ``(2) Eligible projects.--Amounts made available under paragraph (1) for obligation at the discretion of the Secretary may be obligated only for projects to-- ``(A) place fluorescent yellow-green signs to mark school zone crossing or other pedestrian or bicycle crossing zones where no crossing signs exist; ``(B) replace existing yellow signs with fluorescent yellow-green signs to mark school zone crossing or other pedestrian or bicycle crossing zones; or ``(C) replace damaged or worn fluorescent yellow- green signs to mark school zone crossing or other pedestrian or bicycle crossing zones. ``(3) Off-system crossings.--Amounts made available under paragraph (1) for obligation at the discretion of the Secretary may be obligated for eligible projects located on any public road. ``(4) Minimum distribution.--In obligating funds under this subsection, the Secretary shall ensure that, for each fiscal year, not less than 0.5 percent of funds set aside under paragraph (1) are obligated for projects in each State. ``(5) Applicable law.--The use of funds obligated under this subsection shall be in accordance with applicable State law and the Manual on Uniform Traffic Control Devices. ``(6) Federal share.--The Federal share of the cost of any project carried out using funds obligated under this subsection shall be 100 percent.''. SEC. 3. RURAL LOCAL ROADS SAFETY PILOT PROGRAM. (a) Definitions.--In this section: (1) In general.-- (A) Eligible activity.-- (i) In general.--The term ``eligible activity'' means a project or activity that-- (I) is carried out only on public roads that are functionally classified as rural minor collector or rural local roads (and is not carried out on a Federal aid highway); and (II) provides a safety benefit. (ii) Inclusions.--The term ``eligible activity'' includes-- (I) a project or program such as those described in section 133(d)(1) of title 23, United States Code; (II) road surfacing or resurfacing; (III) improvement or maintenance of local bridges; (IV) road reconstruction or improvement; (V) installation or improvement of signage, signals, or lighting; (VI) a maintenance activity that provides a safety benefit (including repair work, striping, surface marking, or a similar safety precaution); or (VII) acquisition of materials for use in projects described in any of subclauses (I) through (VI). (B) Program.--The term ``program'' means the rural local roads safety pilot program established under subsection (b). (C) State.--The term ``State'' does not include the District of Columbia or Puerto Rico. (2) Other terms.--Except as otherwise provided, terms used in this section have the meanings given those terms in title 23, United States Code. (b) Establishment.--The Secretary shall establish a rural local roads safety pilot program to carry out eligible activities. (c) Allocation of Funds With Respect to States.--For each fiscal year, funds made available to carry out this section shall be allocated by the Secretary to the State transportation department in each of the States in the ratio that-- (1) the relative share of the State under section 105 of title 23, United States Code, for a fiscal year; bears to (2) the total shares of all 50 States under that section for the fiscal year. (d) Allocation of Funds Within States.--Each State that receives funds under subsection (c) shall allocate those funds within the State as follows: (1) Counties.--Except as provided in paragraph (2) and subject to paragraph (3), a State shall allocate to each county in the State an amount in the ratio that-- (A) the public road miles within the county that are functionally classified as rural local roads or rural minor collector roads; bears to (B) the total of all public road miles within all counties in the State that are functionally classified as rural local roads or rural minor collector roads. (2) Alternative formula for allocation.--Paragraph (1) shall not apply to a State if the State transportation department certifies to the Secretary that the State has in effect an alternative formula or system for allocation of funds received under subsection (c) (including an alternative formula or system that permits allocations to political subdivisions or groups of political subdivisions, in addition to individual counties, in the State) that-- (A) was developed under the authority of State law; and (B) provides that funds allocated to the State transportation department under this section will be allocated within the State in accordance with a program that includes selection by local governments of eligible activities funded under this section. (3) Administrative expenses.--Before allocating amounts under paragraph (1) or (2), as applicable, a State transportation department may retain not more than 10 percent of an amount allocated to the State transportation department under subsection (c) for administrative costs incurred in carrying out this section. (e) Project Selection.-- (1) By county.--If an allocation of funds within a State is made under subsection (d)(1), counties within the State to which the funds are allocated shall select eligible activities to be carried out using the funds. (2) By state alternative.--If an allocation of funds within a State is made under subsection (d)(2), eligible activities to be carried out using the funds shall be selected in accordance with the State alternative. (f) Obligation.--Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. (g) Federal Share.--The Federal share of the cost of an eligible activity carried out under this section shall be 100 percent. (h) Report.--Not later than January 1, 2009, after providing States, local governments, and other interested parties an opportunity for comment, 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) describes progress made in carrying out the program; and (2) includes recommendations as to whether the program should be continued or modified. (i) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $200,000,000 for each of fiscal years 2004 through 2009. SEC. 4. AGGRESSIVE DRIVING PREVENTION. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. Aggressive driving prevention ``(a) Designation.--The left lane of each highway on the Interstate System is designated as a national passing lane. ``(b) Education.--The Secretary shall provide not less than $1,000,000 to each of the 50 States and the District of Columbia to provide information to the public on using national passing lanes designated under subsection (a) for passing only, and specifically to inform motor vehicle operators that an operator of a vehicle in the left lane should always move to the right lane to permit other vehicles to pass on the left. ``(c) Funding.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $51,000,000 for fiscal year 2003 and each fiscal year thereafter.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. Aggressive driving prevention.''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2003. SEC. 5. SAFE DRIVING INVOLVING PASSENGER VEHICLES AND TRUCKS. (a) Grant.--As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall provide jointly to the American Trucking Associations and the American Automobile Association a grant in the amount of $1,000,000 to be used to conduct a study to identify the most effective means by which-- (1) drivers of passenger vehicles may be educated concerning the hazards, and the safest manner, of driving in the presence of tractor-trailers and other commercial trucks; and (2) drivers of tractor-trailers and other commercial trucks may be educated concerning the hazards, and the safest manner, of driving in the presence of passenger vehicles. (b) Reports.--As a condition of receiving the grant under subsection (a), the American Trucking Associations and American Automobile Association shall agree to jointly submit to the appropriate committees of Congress-- (1) not later than October 1, 2003, an interim report that describes the progress of those associations in carrying out the study described in subsection (a); and (2) not later than October 1, 2004, a final report that describes the results of the study, including any recommendations of those associations. SEC. 6. WORKZONE SAFETY. The Secretary of Transportation shall require that, effective 180 days after the date of enactment of this Act, for each highway project (within the meaning of title 23, United States Code) that uses Federal funds, a trained and certified person shall be responsible for ensuring that any traffic control plan is effectively administered. SEC. 7. CONFORMING AMENDMENTS. (a) Section 351 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (114 Stat. 1356, 1356A-34) is repealed. (b) Section 154(c)(2) of title 23, United States Code, is amended by striking the paragraph heading and all that follows through ``thereafter,'' and inserting the following: ``(2) Other fiscal years.--On October 1, 2002,''. (c) Section 164(b)(2) of title 23, United States Code, is amended by striking the paragraph heading and all that follows through ``thereafter,'' and inserting the following: ``(2) Other fiscal years.--On October 1, 2002,''.

Maximum Economic Growth for America Through Safety Improvements Act (MEGA Safe Act) - Directs the Secretary of Transportation: (1) before making an apportionment for the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement program, or the Surface Transportation program for a fiscal year, to set aside specified funds to carry out a program to assist local governments in placing fluorescent yellow-green signs to mark school zone crossing and other pedestrian and bicycle highway crossing zones; and (2) to establish a rural local roads safety pilot program to carry out construction, improvement, and maintenance activities that provide a safety benefit.Designates the left lane of each highway on the Interstate System as a national passing lane. Directs the Secretary to provide not less than $1 million to each State and the District of Columbia to inform the public that: (1) passing lanes should be used for passing only; and (2) motor vehicle operators in the left lane should always move to the right to permit other vehicles to pass.Requires the Secretary to provide jointly to the American Trucking Association and the American Automobile Association a $1 million grant to identify the most effective means by which drivers of passenger vehicles and commercial trucks may be educated concerning the hazards, and the safest manner, of driving in each other's presence.Directs the Secretary to require that a trained and certified person be responsible for ensuring the effective administration of any traffic control plan of a highway project that uses Federal funds.

A bill to amend title 23, United States Code, to establish programs to encourage economic growth in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Yazidis Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Preventing genocide and mass atrocities is a national priority of the United States. (2) Atrocities committed by the Islamic State (IS) against Yazidis and other minorities have included mass murder, crucifixions, beheadings, rape, torture, enslavement, trafficking, and the kidnapping of children. (3) IS engages in, and publicly argues in favor of, the sexual enslavement of Yazidi women and girls. (4) The United Nations Convention on the Prevention and Punishment of the Crime of Genocide, signed and ratified by the United States, defines genocide as follows: ``any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: ``(a) killing members of the group; ``(b) causing serious bodily or mental harm to members of the group; ``(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; ``(d) imposing measures intended to prevent births within the group; and ``(e) forcibly transferring children of the group to another group.''. (5) In December 2015, the United States Holocaust Memorial Museum's Simon-Skjodt Center for the Prevention of Genocide issued a report titled ``Our Generation Is Gone--the Islamic State's Targeting of Iraqi Minorities in Ninewa'', which concluded that ``IS committed crimes against humanity, war crimes, and ethnic cleansing . . . [and] perpetrated genocide against the Yezidi people''. (6) On December 7, 2015, the United States Commission on International Religious Freedom called on the United States Government ``to designate the Christian, Yezidi, Shi'a, Turkmen, and Shabak communities of Iraq and Syria as victims of genocide by ISIL''. (7) On February 3, 2016, the European Parliament unanimously passed a resolution declaring that IS ``is committing genocide against Christians and Yezidis, and other religious and ethnic minorities''. (8) On March 14, 2016, the United States House of Representatives passed H. Con. Res. 75, expressing the sense of Congress that the atrocities perpetrated by IS against religious and ethnic minorities in Iraq and Syria include war crimes, crimes against humanity, and genocide, by a unanimous vote of 393-0. (9) On March 17, 2016, United States Secretary of State John Kerry declared that IS is ``responsible for genocide against groups under its control including Yazidis, Christians, and Shiite Muslims''. (10) On June 15, 2016, the United Nations Human Rights Council issued the report ``They Came to Destroy: ISIS Crimes Against the Yazidis'' which stated that IS ``has committed the crime of genocide as well as multiple crimes against humanity and war crimes against the Yazidis, thousands of whom are held captive in the Syrian Arab Republic where they are subjected to almost unimaginable horrors''. (11) President Barack Obama established the Atrocities Prevention Board in 2011, and stated that ``preventing atrocities and genocide is a core national security interest and a core moral responsibility of the United States''. (12) Over 3,200 Yazidi women and children are still being held by IS. (13) The atrocities committed by IS should be investigated through the establishment of a United Nations Ad-hoc Tribunal for the purpose of documenting mass graves and prosecuting cases of mass atrocities. (14) It is in the interest of the United States that the United States Armed Forces cooperate with friendly forces in Syria and Iraq for the purpose of securing members of the Yazidi and Christian communities being held captive by IS. SEC. 3. ESTABLISHMENT OF NEW CATEGORY OF REFUGEE OF SPECIAL HUMANITARIAN CONCERN. (a) Classification of Syrian and Iraqi Religious Minorities.-- Syrian and Iraqi nationals who are members of a religious minority in their country of origin-- (1) shall be classified as refugees of special humanitarian concern; (2) shall be eligible for Priority 2 processing under the refugee resettlement priority system; and (3) may apply directly to the United States Refugee Admissions Program for admission to the United States. (b) Eligibility for Admission as a Refugee.--No alien shall be denied the opportunity to apply for admission under this section solely because such alien-- (1) qualifies as an immediate relative; (2) is eligible for any other immigrant classification; or (3) was referred to apply for admission to the United States as a refugee by a United States nonprofit organization that is exempt from Federal income taxes under section 501(c)(3) of the Internal Revenue Code. (c) Permitting Certain Aliens Within Categories To Reapply for Refugee Status.--Each alien described in subsection (a) who after, June 1, 2014, and before the date of the enactment of this Act was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this Act. (d) Protection of Aliens.--In a case in which that the Secretary of State, in consultation with the Secretary of Homeland Security, determines that an alien who is described in subsection (a) and who has applied for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the processes established under this section is in imminent danger, the Secretary shall make a reasonable effort to provide such alien with protection or the immediate removal from that country. SEC. 4. EXPEDITED SYSTEM FOR PRIORITY 2 REFUGEE PROCESSING. (a) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate a report containing a plan to expedite the processing of applications for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) of aliens described in section 3 of this Act, which shall include information relating to-- (1) expediting the processing of such refugees for resettlement, including through temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services; (2) streamlining existing systems for conducting background and security checks of such aliens; and (3) establishing or expanding facilities to process such applications at appropriate locations in Dahouk, Iraq, and or near Erbil or Basrah, Iraq, and the processing of such applications in such facilities. (b) Expedited Process.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall implement the plan contained in the report under subsection (a). SEC. 5. REPORTS. (a) Annual Report.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter through 2020, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to the Congress an unclassified report, with a classified annex if necessary, which includes-- (1) an assessment of the financial, security, and personnel considerations and resources necessary to carry out the provisions of this Act; (2) the number of aliens described in section 3(a); and (3) the number of such aliens who have applied for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the processes established under section 3 of this Act. (b) Report on Video-Conference Refugee Interviews.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Congress an unclassified report, with a classified annex if necessary, which includes-- (1) the number of aliens who applied for admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) in 2014 who are awaiting interviews in locations inaccessible to U.S. Citizenship and Immigration Services officers; (2) the number of locations worldwide to which Refugee Corps Officer circuit rides were suspended in 2014 due to security considerations; and (3) a proposal for how to implement interviews via video- conference for aliens who applied for admission the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), who currently reside in locations where Refugee Corps circuit rides have been suspended. SEC. 6. SECRETARY OF DEFENSE REPORT ON STEPS AND PROTOCOL RELATED TO THE RESCUE, CARE, AND TREATMENT OF YAZIDI, CHRISTIAN, SHABAK, AND TURKMEN CAPTIVES OF THE ISLAMIC STATE. (a) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Congress a report containing each of the following: (1) A description of any steps the Department of Defense is taking to ensure coordination between the Armed Forces of the United States and local forces in conducting military operations in regions controlled by the Islamic State where religious or minority groups are known or thought to be held captive, in order to incorporate the rescue of such captives as a secondary objective. (2) A description of any protocols that will be put in place by the Department of Defense, including protocols developed in coordination with the Government of Iraq, for the care and treatment of religious or minority groups rescued from captivity under the Islamic State, including any protocol for relocating such groups of captives to safe locations. (b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 7. PROGRAMS FOR RELIGIOUS MINORITIES AND CRISIS PREVENTION. (a) Health Care and Psychosocial Support Program.-- (1) In general.--The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall establish a program to provide health care and psychosocial support for members of the Yazidi, Christian, Shabak, and Turkmen communities displaced by the Islamic State. Such program shall provide mental health and psychosocial support for children from such communities, with a particular focus on providing services to survivors of sexual slavery under the Islamic State. (2) Implementation.--The program established under paragraph (1) shall provide care in accordance with the Guidelines on Mental Health and Psychosocial Support in Emergency Settings promulgated by the Inter-Agency Standing Committee of the World Health Organization. (b) Psychologist, Social Worker, and Physical Therapist Training Program.-- (1) In general.--The Secretary, in consultation with the Administrator, shall establish a program to provide training with respect to trauma-informed care to psychologists, social workers, and physical therapists based in an eligible country. The program shall prioritize providing such training to a psychologist, social worker, or physical therapist who speaks Kurmanji or the Shengali dialect of Kurmanji. (2) Eligible country.--For purposes of the program established under paragraph (1), the term ``eligible country'' means Iraq, Syria, or any country the Secretary determines to be a host country of Yazidi, Christian, Shabak, or Turkmen refugees who would benefit from the training provided under such program. (c) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing the progress made toward establishing the programs required under subsections (a) and (b) and the steps planned to complete such establishment. (d) Transfer of Funding.--Of the unobligated amounts available on the date of the enactment of this Act for the Economic Support Fund established under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.), $15,000,000, to be derived from amounts made available for assistance to Egypt, shall be made available to the Secretary until expended for the programs established under subsections (a) and (b).

Justice for Yazidis Act This bill states that Syrian and Iraqi nationals who are members of a religious minority in their country of origin: (1) shall be classified as refugees of special humanitarian concern, (2) shall be eligible for priority-2 refugee resettlement processing, and (3) may apply directly to the U.S. refugee admissions program. No alien shall be denied the opportunity to apply for admission under this bill solely because he or she: (1) qualifies as an immediate relative, (2) is eligible for any other immigrant classification, or (3) was referred to apply for refugee admission by a U.S. nonprofit organization. Each such alien who, after June 1, 2014, and before the date of the enactment of this bill, was denied refugee status may reapply for such status. The Department of State shall: (1) submit and implement a plan to expedite priority-2 refugee processing, and (2) submit annual program reports through 2020. The Department of Defense shall report on U.S. military efforts in Islamic State (ISIS)-controlled regions to incorporate the rescue and care of religious or minority group captives. The State Department shall establish a program to provide health care and psychosocial support for members of the Yazidi, Christian, Shabak, and Turkmen communities displaced by ISIS. Such program shall provide mental health and psychosocial support for children from such communities, with a particular focus on services to survivors of sexual slavery. The State Department shall establish a program to provide training on trauma-informed care to psychologists, social workers, and physical therapists based in Iraq, Syria, or any country that hosts Yazidi, Christian, Shabak, or Turkmen refugees. Funds for such State Department programs are transferred from amounts available for assistance to Egypt.

Justice for Yazidis Act

SECTION 1. GOVERNMENTWIDE PROCUREMENT POLICY RELATING TO PURCHASES FROM FEDERAL PRISON INDUSTRIES. (a) Requirements.--The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: ``SEC. 43. GOVERNMENTWIDE PROCUREMENT POLICY RELATING TO PURCHASES FROM FEDERAL PRISON INDUSTRIES. ``(a) Competition Required.--In the procurement of any product that is authorized to be offered for sale by Federal Prison Industries and is listed in the catalog published and maintained by Federal Prison Industries under section 4124(b) of title 18, United States Code, the head of an executive agency shall, except as provided in subsection (d)-- ``(1) use competitive procedures for entering into a contract for the procurement of such product, in accordance with the requirements applicable to such executive agency under sections 2304 and 2305 of title 10, United States Code, or sections 303 through 303C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253 through 253c); or ``(2) make an individual purchase under a multiple award contract in accordance with competition requirements applicable to such purchases. ``(b) Offers From Federal Prison Industries.--In conducting a procurement pursuant to subsection (a), the head of an executive agency shall-- ``(1) notify Federal Prison Industries of the procurement at the same time and in the same manner as other potential offerors are notified; and ``(2) consider a timely offer from Federal Prison Industries for award in the same manner as other offers (regardless of whether Federal Prison Industries is a contractor under an applicable multiple award contract). ``(c) Implementation by Agencies.--The head of each executive agency shall ensure that-- ``(1) the executive agency does not purchase a Federal Prison Industries product or service unless a contracting officer of the executive agency determines that the product or service is comparable to products or services available from the private sector that best meet the executive agency's needs in terms of price, quality, and time of delivery; and ``(2) Federal Prison Industries performs its contractual obligations to the executive agency to the same extent as any other contractor for the executive agency. ``(d) Exception.--(1) The head of an executive agency may use procedures other than competitive procedures to enter into a contract with Federal Prison Industries only under the following circumstances: ``(A) The Attorney General personally determines in accordance with paragraph (2), within 30 days after Federal Prison Industries has been informed by the head of that executive agency of an opportunity for award of a contract for a product, that-- ``(i) Federal Prison Industries cannot reasonably expect fair consideration in the selection of an offeror for award of the contract on a competitive basis; and ``(ii) the award of the contract to Federal Prison Industries for performance at a penal or correctional facility is necessary to maintain work opportunities not otherwise available at the penal or correctional facility that prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility. ``(B) The product is available only from Federal Prison Industries and the contract may be awarded under the authority of section 2304(c)(1) of title 10, United States Code, or section 303(c)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(1)), as may be applicable, pursuant to the justification and approval requirements relating to noncompetitive procurements specified by law and the Federal Acquisition Regulation. ``(C) The head of the executive agency determines that the product that would otherwise be furnished is to be produced, in whole or in significant part, by prison labor outside the United States. ``(2)(A) A determination made by the Attorney General regarding a contract pursuant to paragraph (1)(A) shall be-- ``(i) supported by specific findings by the warden of the penal or correctional institution at which a Federal Prison Industries workshop is scheduled to perform the contract; ``(ii) supported by specific findings by Federal Prison Industries regarding the reasons that it does not expect to be selected for award of the contract on a competitive basis; and ``(iii) made and reported in the same manner as a determination made pursuant to section 303(c)(7) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(7)). ``(B) The Attorney General may not delegate to any other official authority to make a determination that is required under paragraph (1)(A) to be made personally by the Attorney General. ``(e) Performance as a Subcontractor.--(1) A contractor or potential contractor under a contract entered into by the head of an executive agency may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of the contract by any means, including means such as-- ``(A) a provision in a solicitation of offers that requires a contractor to offer to use or specify products or services of Federal Prison Industries in the performance of the contract; ``(B) a contract clause that requires the contractor to use or specify products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; or ``(C) any contract modification that requires the use of products or services of Federal Prison Industries in the performance of the contract. ``(2) A contractor using Federal Prison Industries as a subcontractor or supplier in furnishing a commercial product pursuant to a contract of an executive agency shall implement appropriate management procedures to prevent an introduction of an inmate-produced product into the commercial market. ``(3) In this subsection, the term `contractor', with respect to a contract, includes a subcontractor at any tier under the contract. ``(f) Protection of Classified and Sensitive Information.--The head of an executive agency may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to-- ``(1) any data that is classified or will become classified after being merged with other data; ``(2) any geographic data regarding the location of-- ``(A) surface or subsurface infrastructure providing communications or water or electrical power distribution; ``(B) pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or ``(C) other utilities; or ``(3) any personal or financial information about any individual private citizen, including information relating to such person's real property however described, without the prior consent of the individual.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end the following new item: ``Sec. 43. Governmentwide procurement policy relating to purchases from Federal Prison Industries.''. SEC. 2. CONFORMING AMENDMENTS. (a) Repeal of Inconsistent Requirements Applicable to Department of Defense.-- (1) Repeal.--Section 2410n of title 10, United States Code, is repealed. (2) Clerical amendment.--The table of sections at the beginning of chapter 141 of such title is amended by striking the item relating to section 2410n. (b) Repeal of Inconsistent Requirements Applicable to Other Agencies.--Section 4124 of title 18, United States Code, is amended-- (1) by striking subsections (a) and (b); (2) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively; and (3) in subsection (a), as redesignated by paragraph (2), by striking ``Federal department, agency, and institution subject to the requirements of subsection (a)'' and inserting ``Federal department and agency''. (c) Other Laws.-- (1) Section 3 of the Javits-Wagner-O'Day Act (41 U.S.C. 48) is amended by striking ``which, under section 4124 of such title, is required'' and inserting ``which is required by law''. (2) Section 31(b)(4) of the Small Business Act (15 U.S.C. 657a(b)(4)) is amended by striking ``a different source under section 4124 or 4125 of title 18, United States Code, or the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)'' and inserting ``a different source under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) or Federal Prison Industries under section 40(d) of the Office of Federal Procurement Policy Act or section 4125 of title 18, United States Code''. SEC. 3. CLARIFYING AMENDMENT RELATING TO SERVICES. (a) In General.--Section 1761 of title 18, United States Code, is amended in subsections (a) and (c) by striking ``goods, wares, or merchandise manufactured, produced, or mined'' each place it appears and inserting ``products manufactured, services furnished, or minerals mined''. (b) Completion of Existing Agreements.--Any prisoner work program operated by a prison or jail of a State or local jurisdiction of a State which is providing services for the commercial market through inmate labor on October 1, 2007, may continue to provide such commercial services until-- (1) the expiration date specified in the contract or other agreement with a commercial partner on October 1, 2007; or (2) until September 30, 2011, if the prison work program is directly furnishing the services to the commercial market. (c) Approval Required for Long-Term Operation.--A prison work program operated by a correctional institution operated by a State or local jurisdiction of a State may continue to provide inmate labor to furnish services for sale in the commercial market after the dates specified in subsection (b) if such program has been certified pursuant to section 1761(c)(1) of title 18, United States Code, and is in compliance with the requirements of such subsection and its implementing regulations. (d) Existing Work Opportunities for Federal Inmates.--Any private for-profit business entity having an agreement with Federal Prison Industries in effect on the date of the enactment of this Act, under which Federal inmates are furnishing services that are being introduced into the commercial market, may continue to furnish such services for the duration of the term of such agreement. (e) Additional Amendment.--Section 1761 of title 18, United States Code, is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) This section shall not apply to services performed as part of an inmate work program conducted by a State or local government to disassemble, scrap, and recycle products, other than electronic products, that would otherwise be disposed of in a landfill. Recovered scrap from such program may be sold.''. (f) Conforming Amendment.--Section 4122(a) of title 18, United States Code, is amended by striking ``production of commodities'' and inserting ``production of products or furnishing of services''. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Exception.--Subsections (b), (c), and (d) of section 3 shall take effect on the date of the enactment of this Act.

Amends the Office of Federal Procurement Policy Act to require an executive agency, when procuring Federal Prison Industries (FPI) products to: (1) use competitive procedures; or (2) make an individual purchase under a multiple award contract in accordance with applicable competition requirements. Requires an agency to: (1) timely notify FPI of procurements; and (2) consider a timely offer from FPI in the same manner as other offers. Requires agency heads to ensure that: (1) agencies do not purchase a FPI product or service unless an agency's contracting officer determines that the product or service is comparable to products or services available from the private sector that best meet the agencies' needs; and (2) FPI performs its contractual obligations to agencies to the same extent as any other contractor. Outlines exceptions to the competitive procedures requirement. Prohibits requiring a contractor to use FPI as a subcontractor or supplier. Prohibits agencies from entering into contracts with FPI under which inmate workers would have access to classified and sensitive information. Restricts the interstate and foreign commerce of services resulting from convict labor in a prisoner work program operated by a prison or jail of a state or local jurisdiction. Subjects knowing violators of such restrictions to fine or imprisonment, or both. Requires state and local prison work programs to meet specified requirements. Provides for exemptions for services performed as part of an inmate work program conducted by a state or local government to disassemble, scrap, and recycle products, other than electronic products, that would otherwise be disposed of in a landfill. Authorizes recovered scrap from such program to be sold.

A bill to amend the Office of Federal Procurement Policy Act to establish a governmentwide policy requiring competition in certain executive agency procurements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pet and Women Safety Act of 2014''. SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND STALKING. (a) Interstate Stalking.--Section 2261A of title 18, United States Code, is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii), by striking ``or'' at the end; and (B) by inserting after clause (iii) the following: ``(iv) the pet of that person; or''; and (2) in paragraph (2)(A), by striking ``or (iii)'' and inserting ``(iii), or (iv)''. (b) Interstate Violation of Protection Order.--Section 2262 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting after ``another person'' the following: ``or the pet of that person''; and (B) in paragraph (2), by inserting after ``proximity to, another person'' the following ``or the pet of that person''; and (2) in subsection (b)(5), by inserting after ``in any other case,'' the following: ``including any case where the offense is committed against a pet,''. (c) Restitution To Include Veterinary Services.--Section 2264 of title 18, United States Code, is amended in subsection (b)(3)-- (1) by redesignating subparagraph (F) as subparagraph (G); (2) in subparagraph (E), by striking ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) veterinary services relating to physical care for the victim's pet; and''. (d) Pet Defined.--Section 2266 of title 18, United States Code, is amended by inserting after paragraph (10) the following: ``(11) Pet.--The term `pet' means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes.''. SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE GRANT PROGRAM. (a) In General.--The Secretary of Agriculture, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this section to eligible entities to carry out programs to provide the assistance described in subsection (c) with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets of such victims. (b) Application.-- (1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including-- (A) a description of the activities for which a grant under this section is sought; (B) such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this section; and (C) a certification that the entity, before engaging with any individual domestic violence victim, will disclose to such victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets). (2) Additional requirements.--In addition to the requirements of paragraph (1), each application submitted by an eligible entity under such paragraph shall-- (A) not include proposals for any activities that may compromise the safety of a domestic violence victim, including-- (i) background checks of domestic violence victims; or (ii) clinical evaluations to determine the eligibility of such a victim for support services; (B) not include proposals that would require mandatory services for victims or that a victim obtain a protective order in order to receive proposed services; and (C) reflect the eligible entity's understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking. (3) Rules of construction.--Nothing in this subsection shall be construed to require-- (A) domestic violence victims to participate in the criminal justice system in order to receive services; or (B) eligible entities receiving a grant under this section to breach client confidentiality. (c) Use of Funds.--Grants awarded under this section may only be used for programs that provide-- (1) emergency and transitional pet shelter and housing assistance, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community); (2) short-term pet shelter and housing assistance, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets of domestic violence victims and other expenses that are incidental to securing the safety of such a pet during the sheltering, housing, or relocation of such victims; (3) support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to-- (A) locate and secure safe housing with their pet or safe accommodation for their pet; or (B) provide the victim with pet-related services, such as pet transportation, pet care services, and other assistance; or (4) for the training of relevant stakeholders on-- (A) the link between domestic violence, dating violence, sexual assault, or stalking and the abuse and neglect of pets; (B) the needs of domestic violence victims; (C) best practices for providing support services to such victims; (D) best practices for providing such victims with referrals to victims' services; and (E) the importance of confidentiality. (d) Grant Conditions.--An eligible entity that receives a grant under this section shall, as a condition on such receipt, agree-- (1) to be bound by the nondisclosure of confidential information requirements of section 40002(b)(2) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and (2) that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this section on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds. (e) Duration of Assistance Provided to Victims.-- (1) In general.--Subject to paragraph (2), assistance provided with respect to a pet of a domestic violence victim using grant funds awarded under this section shall be provided for a period of not more than 24 months. (2) Extension.--An eligible entity that receives a grant under this section may extend the 24-month period referred to in paragraph (1) for a period of not more than 6 months in the case of a domestic violence victim who-- (A) has made a good faith effort to acquire permanent housing for their pet during such 24-month period; and (B) has been unable to acquire such permanent housing within such period. (f) Report to the Secretary.--Not later than one year after the date on which an eligible entity receives a grant under this section and each year thereafter, such entity shall submit to the Secretary of Agriculture a report. Such report shall contain, with respect to assistance provided by such entity with respect to pets of domestic violence victims using grant funds received under this section, information on-- (1) the number of pets provided such assistance; and (2) the purpose, amount, type of, and duration of such assistance. (g) Report to Congress.-- (1) Reporting requirement.--Not later than November 1 of each even-numbered fiscal year, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (f). (2) Availability of report.--The Secretary of Agriculture shall transmit a copy of the report submitted under paragraph (1) to-- (A) the Office on Violence Against Women of the Department of Justice; (B) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and (C) the Administration for Children and Families at the United States Department of Health and Human Services. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2015 through 2019. (2) Limitation.--Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and administrative expenses. (i) Definitions.--In this section: (1) Domestic violence victim defined.--The term ``domestic violence victim'' means a victim of domestic violence, dating violence, sexual assault, or stalking. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a general unit of local government; (C) an Indian tribe; or (D) any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including-- (i) a domestic violence and sexual assault victim service provider; (ii) a domestic violence and sexual assault coalition; (iii) a community-based and culturally specific organization; (iv) any other nonprofit, nongovernmental organization; or (v) any organization that works directly with pets and collaborates with any organization referred to in clauses (i) through (iv), including-- (I) an animal shelter; or (II) an animal welfare organization. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that States should encourage the inclusion of protections against violent or threatening acts against the pet of the person in domestic violence protection orders.

Pet and Women Safety Act of 2014 - Amends the federal criminal code to prohibit threats or acts of violence against a person's pet under the offenses of stalking and interstate violation of a protection order. Defines "pet" to mean a domesticated animal that is kept for pleasure rather than for commercial purposes. Requires the "full amount of the victim's losses" for purposes of restitution in domestic violence and stalking offenses to include any costs incurred for veterinary services relating to physical care for the victim's pet. Directs the Secretary of Agriculture (USDA) to award grants to eligible entities to carry out programs to provide specified housing assistance, support services, and training of relevant stakeholders to victims of domestic violence, dating violence, sexual assault, or stalking and their pets. Expresses the sense of Congress that states should encourage the inclusion of protections against violent or threatening acts against the pet of the person in domestic violence protection orders.

Pet and Women Safety Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expand and Rebuild America's Schools Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many States and school districts will need to build new schools to accommodate increasing student enrollments; the Department of Education has predicted that the Nation will need 6,000 more schools by the year 2006. (2) In response to reduced class mandates enforced by State governments and increased enrollment, many school districts have been forced to utilize temporary classrooms and other structures to accommodate increased school populations, along with resorting to year-round schedules for students. (3) Research has proven a direct correlation between the condition of school facilities and student achievement. Recently, researchers found that the test scores of students assigned to schools in poor condition can be expected to fall 10.9 percentage points behind the test scores of students in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a school with poor facilities to a new facility. (4) While school construction and maintenance are primarily a State and local concern, States and communities have not, on their own, met the increasing burden of providing acceptable school facilities, and the poorest communities have had the greatest difficulty meeting this need. (5) Many local educational agencies have difficulties securing financing for school facility construction and renovation, especially in States that require a \2/3\ majority of voter approval for the passage of local bond initiatives. (6) The Federal Government, by providing interest subsidies and similar types of support, can lower the costs of State and local school infrastructure investment, creating an incentive for businesses to support local school infrastructure improvement efforts. (7) The United States competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools not equipped for the 21st century. America must do everything in its power to properly educate its people to compete in the global marketplace. SEC. 3. PURPOSE. The purpose of this Act is to help local educational agencies bring all public school facilities up to an acceptable standard and build the additional classrooms needed to educate the growing number of students who will enroll in the next decade. SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a school construction bond on the credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any school construction bond is the amount equal to the product of-- ``(1) the credit rate determined by the Secretary under section 1397E(b)(2) for the month in which such bond was issued, multiplied by ``(2) the face amount of the bond held by the taxpayer on the credit allowance date. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(d) School Construction Bond.--For purposes of this section-- ``(1) In general.--The term `school construction bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a qualified school established by an eligible local education agency, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, and ``(ii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue does not exceed the maximum term permitted under section 1397E(d)(3). ``(3) Qualified school.-- ``(A) In general.--The term `qualified school' means any public school which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if-- ``(i) such public school is designed to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for postsecondary education and the workforce, ``(ii) students in such public school will be subject to the academic achievement standards and assessments established by the State, ``(iii) a program to alleviate overcrowding and to improve students' education has been constructed, ``(iv) the average student-teacher ratio for the school district in which such school is located as of the date of the issuance of the bonds is at least 28 to 1, and ``(v) at least 1 of the following requirements is met: ``(I) The proceeds from the issuance of the bonds will be used for new school construction, the rehabilitation of school facilities which are more than 30 years old as of the date of such issuance, or the provision of advanced or improved communications infrastructure. ``(II) There is a reasonable expectation (as of the date of issuance of the bonds) that the student growth rate over the next 5 years for the school district in which such public school is to be located will be at least 10 percent. ``(III) Construction or rehabilitation activities are needed as the result of natural disasters or to mitigate the cost of potential disasters. ``(B) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 14101 of the Elementary and Secondary Education Act of 1965. ``(4) Qualified purpose.-- ``(A) In general.--The term `qualified purpose' means, with respect to any qualified school, constructing or rehabilitating a school facility. ``(B) School facility.--The term `school facility' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility whose primary purpose is the instruction of public elementary or secondary students. Such term does not include an athletic stadium, or any other structure or facility intended primarily for athletic exhibitions, contests, games, or events for which admission is charged to the general public. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national school construction bond limitation for each calendar year. Such limitation is $1,400,000,000 for 1999 and 2000, and, except for carryovers as provided under the rules applicable under paragraph (2), zero thereafter. ``(2) Allocation of limitation.-- ``(A) State allocation.--The national school construction bond limitation for a calendar year shall be allocated by the Secretary among the States on the combined basis of the following factors: ``(i) The respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). ``(ii) The respective projected growth rates in the number of students over the next 5 years and 10 years (as determined by the Secretary of Education). ``(B) School allocation.--The limitation amount allocated to a State under the subparagraph (A) shall be allocated by the Secretary of Education to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2)(B) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--The definitions in subsections (d)(6) and (f) of section 1397E shall apply for purposes of this section. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section.'' (b) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Credit to holders of school construction bonds.'' (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1998.

Expand and Rebuild America's Schools Act of 1998 - Amends the Internal Revenue Code to allow a limited credit to taxpayers holding school construction bonds. Defines such bonds. Sets a national school construction bond limit.

Expand and Rebuild America's Schools Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Hazard Title X Amendments Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Poor housing conditions contribute to a wide range of health conditions, including unintentional injuries, respiratory illness, asthma, and cancer, which disproportionately impact susceptible and vulnerable populations, such as children, the poor, minorities, and people with chronic medical conditions. For example-- (A) according to the Department of Housing and Urban Development, nearly 6,000,000 housing units in the United States had moderate to severe physical infrastructure problems other than problems with lead in 2007; (B) the Centers for Disease Control and Prevention found that about 23,000,000 housing units, most of them built before 1960, have 1 or more lead-based paint hazards, where young children under age 6 are endangered by chipping or peeling lead paint or excessive amounts of lead-contaminated dust. Of these homes, about 1,100,000 housed low-income families with 1 or more children under age 6; (C) low-level lead poisoning is widespread among children in the United States, afflicting hundreds of thousands of children under age 6, with minority and low-income communities affected disproportionately; (D) costs for asthma due to dampness and mold were estimated at $3,500,000,000 in 2004, according to the International Journal of Environment and Health; (E) the Journal of Allergy and Clinical Immunology found that about 17,000,000 homes have elevated levels of 4 or more allergens, a condition that is associated with symptoms among residents with allergic asthma; (F) the Environmental Protection Agency found that more than 6,800,000 housing units have radon exposures above the current Environmental Protection Agency radon action level; and (G) the National Institutes of Health estimates that radon exposures result in 21,000 radon-induced lung cancer deaths per year, which cost $2,300,000,000 per year. (2) The Federal Government must continue its leadership in demonstrating and implementing projects that assess and correct health hazards in the home environment to support the national goal of providing decent, safe, and sanitary housing to every family in the United States. SEC. 3. DEFINITIONS. Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended-- (1) by redesignating paragraphs (11) through (27) as paragraphs (13) through (29), respectively; (2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (3) by inserting after paragraph (5) the following: ``(6) Eligible applicant.--The term `eligible applicant' means a State, a unit of general local government, an Indian tribe, or a private nonprofit organization that meets the requirements of section 1101(b).''; and (4) by inserting after paragraph (11), as so redesignated, the following: ``(12) Housing-related health hazard.--The term `housing- related health hazard' means any condition of residential real property that poses a risk of biological, physical, radiological, or chemical exposure that can adversely affect human health.''. SEC. 4. GRANT PROGRAM. Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) is amended-- (1) in the section heading, by striking ``grants for lead- based paint hazard reduction in target housing'' and inserting ``grants for reduction of lead-based paint hazards and correction of other housing-related hazards''; (2) in subsection (a)-- (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (D), respectively; (B) in subparagraph (A), as so redesignated-- (i) by striking ``for grants'' and inserting ``For grants''; and (ii) by striking the semicolon at the end and inserting a period; (C) in subparagraph (B), as so redesignated-- (i) by striking ``for grants'' and inserting ``For grants''; and (ii) by striking ``; and'' and inserting a period; (D) by inserting after subparagraph (B), as so redesignated, the following: ``(C) For grants made to carry out any of paragraphs (1) through (9) or (11) of subsection (e), the grants may not be used to assist federally assisted housing, federally owned housing, or public housing.''; (E) in subparagraph (D), as so redesignated, by striking ``notwithstanding paragraphs (1) and (2)'' and inserting ``Notwithstanding subparagraphs (A) and (B)''; (F) in the matter preceding subparagraph (A), as so redesignated, by striking ``The Secretary'' and all that follows through ``criteria--'' and inserting the following: ``(1) Authorization.--The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards and to identify and correct other housing-related health hazards in accordance with the provisions of this section. ``(2) Criteria.--The Secretary may make a grant under this section only to provide housing that meets the following criteria:''; and (G) by adding at the end the following: ``(3) Income verification.--For the purpose of verifying the income level of a family under subparagraphs (A) and (B), the Secretary may establish a process by which a grantee may first obtain and use income and program participation information from an entity administering-- ``(A) the HOME Investment Partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.); ``(B) the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); ``(C) reduced price or free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ``(D) the weatherization assistance program for low-income persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); ``(E) the temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); ``(F) the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); or ``(G) any other program that the Secretary determines is consistent with the family income requirements of this section.''; (3) by striking subsection (b) and inserting the following: ``(b) Eligible Applicants.-- ``(1) Lead-based paint hazards.-- ``(A) In general.--A State or unit of general local government, as defined under section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704), that has an approved comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705), or an Indian tribe recognized under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), is eligible to apply for a grant to carry out activities under any of paragraphs (1) through (9) or (11) of subsection (e). ``(B) Exception.--A private nonprofit organization shall be eligible to apply for a grant to carry out activities under paragraphs (1) through (9) or (11) of subsection (e) if the application adequately demonstrates that it is being submitted in partnership with the State or unit of general local government in which the activities will be carried out. ``(2) Housing-related health hazards.--A private nonprofit organization shall be eligible to apply for a grant to carry out activities under subsection (e)(10).''; (4) in subsection (c), in the matter preceding paragraph (1), by striking ``a State or unit of local government'' and inserting ``an eligible applicant''; (5) in subsection (d)-- (A) in paragraph (1)-- (i) by inserting ``in the case of a grant to carry out activities relating to lead-based paint hazards,'' before ``the extent''; and (ii) by striking ``housing'' and inserting ``target housing or 0-bedroom dwellings constructed before 1978''; (B) in paragraph (2), by inserting ``or other housing-related health hazards'' after ``lead-based paint hazards''; (C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6); and (D) by inserting after paragraph (1) the following: ``(2) in the case of a grant to carry out activities relating to housing-related hazards, the extent to which the proposed activities will correct housing-related health hazards;''; (6) in subsection (e)-- (A) in paragraph (5), by inserting ``renovations, remodeling,'' after ``inspections,''; (B) in paragraph (9)-- (i) by inserting ``before and'' after ``housing''; and (ii) by striking ``and'' at the end; (C) by redesignating paragraph (10) as paragraph (11); and (D) by inserting after paragraph (9) the following: ``(10) provide for the assessment and correction of housing-related health hazards and the evaluation of the effectiveness of the assessment and correction; and''; (7) in subsection (l)-- (A) in paragraph (3), by inserting ``in the case of a grant to carry out activities relating to lead-based paint hazards,'' before ``the ability''; and (B) in paragraph (4), by inserting ``and other housing-related health hazards have been corrected'' after ``abated''; and (8) in subsection (n), by inserting ``or Indian tribe'' after ``State'' each place that term appears. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 1011 of the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) is amended by striking subsection (p) and inserting the following: ``(p) Allocation of Amounts Appropriated for Housing-Related Health Hazards.-- ``(1) In general.--Except as provided in paragraph (2), not more than 25 percent of the amounts made available under subsection (q) for a fiscal year shall be available for grants to carry out activities under subsection (e)(10). ``(2) Exception.--If an amount that is not more than $120,000,000 is appropriated for a fiscal year, not more than $30,000,000 of that amount shall be available for grants to carry out activities under subsection (e)(10) for that fiscal year. ``(q) Authorization of Appropriations.--For purposes of carrying out this subtitle, there are authorized to be appropriated $250,000,000 for each of fiscal years 2014 through 2018.''.

Lead Hazard Title X Amendments Act - Amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 to revise the purpose for grants for lead-based paint hazard reduction in target housing. Requires such grants to be made instead for reduction of lead-based paint hazards and correction of other housing-related hazards. Authorizes the Secretary of Housing and Urban Development (HUD) to establish a process by which, in order to verify a family's income level, a grantee may first obtain and use income and program participation information from an entity administering: (1) the HOME Investment Partnerships program under the Cranston-Gonzalez National Affordable Housing Act; (2) the special supplemental nutrition program for women, infants, and children (WIC) established under the Child Nutrition Act of 1966; (3) reduced price or free lunches under the Richard B. Russell National School Lunch Act; (4) the weatherization assistance program for low-income persons established under the Energy Conservation and Production Act; (5) the temporary assistance for needy families (TANF) program under part A of title IV of the Social Security Act (SSA); (6) the supplemental security income (SSI) program under SSA title XVI; or (7) any other program consistent with the family income requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992. Makes eligible to apply for such a grant, in addition to certain state or local governments, for specified activities relating to lead-based paint hazards: (1) an Indian tribe, and (2) private nonprofit organization partnering with the state or unit of general local government in which the activities will be carried out. Makes a private nonprofit organization not partnering with a state or local government eligible all the same to apply for a grant to reduce housing-related health hazards, including any condition of residential real property that poses a risk of biological, physical, radiological, or chemical exposure that can adversely affect human health. Revises grantee selection criteria for a grant to carry out activities relating to lead-based paint hazards, and prescribes criteria for activities relating to housing-related hazards. Prescribes an allocation of funds for grants to assess and correct housing-related health hazards and evaluate the effectiveness of such assessments and corrections. Reauthorizes the Act for FY2014-FY2018.

Lead Hazard Title X Amendments Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Online Shoppers' Confidence Act''. SEC. 2. FINDINGS; DECLARATION OF POLICY. The Congress finds the following: (1) The Internet has become an important channel of commerce in the United States, accounting for billions of dollars in retail sales every year. Over half of all American adults have now either made an online purchase or an online travel reservation. (2) Consumer confidence is essential to the growth of online commerce. To continue its development as a marketplace, the Internet must provide consumers with clear, accurate information and give sellers an opportunity to fairly compete with one another for consumers' business. (3) An investigation by the Senate Committee on Commerce, Science, and Transportation found abundant evidence that the aggressive sales tactics many companies use against their online customers have undermined consumer confidence in the Internet and thereby harmed the American economy. (4) The Committee showed that, in exchange for ``bounties'' and other payments, hundreds of reputable online retailers and Web sites shared their customers' billing information, including credit card and debit card numbers, with third party sellers through a process known as ``data pass''. These third party sellers in turn used aggressive, misleading sales tactics to charge millions of American consumers for membership clubs the consumers did not want. (5) Third party sellers offered membership clubs to consumers as they were in the process of completing their initial transactions on hundreds of Web sites. These third party ``post-transaction'' offers were designed to make consumers think the offers were part of the initial purchase, rather than a new transaction with a new seller. (6) Third party sellers charged millions of consumers for membership clubs without ever obtaining consumers' billing information, including their credit or debit card information, directly from the consumers. Because third party sellers acquired consumers' billing information from the initial merchant through ``data pass'', millions of consumers were unaware they had been enrolled in membership clubs. (7) The use of a ``data pass'' process defied consumers' expectations that they could only be charged for a good or a service if they submitted their billing information, including their complete credit or debit card numbers. (8) Third party sellers used a free trial period to enroll members, after which they periodically charged consumers until consumers affirmatively canceled the memberships. This use of ``free-to-pay conversion'' and ``negative option'' sales took advantage of consumers' expectations that they would have an opportunity to accept or reject the membership club offer at the end of the trial period. SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR AND DECEPTIVE INTERNET SALES PRACTICES. (a) Requirements for Certain Internet-Based Sales.--It shall be unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a transaction effected on the Internet, unless-- (1) before obtaining the consumer's billing information, the post-transaction third party seller has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including-- (A) a description of the goods or services being offered; (B) the fact that the post-transaction third party seller is not affiliated with the initial merchant, which may include disclosure of the name of the post- transaction third party in a manner that clearly differentiates the post-transaction third party seller from the initial merchant; and (C) the cost of such goods or services; and (2) the post-transaction third party seller has received the express informed consent for the charge from the consumer whose credit card, debit card, bank account, or other financial account will be charged by-- (A) obtaining from the consumer-- (i) the full account number of the account to be charged; and (ii) the consumer's name and address and a means to contact the consumer; and (B) requiring the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box that indicates the consumer's consent to be charged the amount disclosed. (b) Prohibition on Data-Pass Used To Facilitate Certain Deceptive Internet Sales Transactions.--It shall be unlawful for an initial merchant to disclose a credit card, debit card, bank account, or other financial account number, or to disclose other billing information that is used to charge a customer of the initial merchant, to any post- transaction third party seller for use in an Internet-based sale of any goods or services from that post-transaction third party seller. (c) Limitations on Use of Negative Option Feature in Internet-Based Sales Transactions.--It shall be unlawful for any person to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature, unless-- (1) before obtaining the consumer's initial agreement to participate, the seller has clearly and conspicuously disclosed all material terms of the transaction, including-- (A) the name of the entity offering the goods or services; (B) a description of the goods or services being offered; (C) the cost of such goods or services; (D) notice of when billing will begin and at what intervals the charges will occur; (E) the length of any trial period; (F) a statement that the consumer's account will be charged unless the consumer takes affirmative action and the steps the consumer must take to the avoid the charge; and (G) instructions for stopping the recurring charges in accordance with the requirements of paragraph (3); (2) the seller has obtained the express informed consent described in subsection (a)(2) from the consumer before charging or attempting to charge the consumer's credit card, debit card, bank account, or other financial account on a recurring basis; and (3) the seller enables the consumer to stop recurring charges from being made to the consumer's credit card, debit card, bank account, or other financial account through a simple process that is available via the Internet and email. (d) Application With Other Law.--Nothing in this Act shall be construed to supersede, modify, or otherwise affect the requirements of the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) or any regulation promulgated thereunder. (e) Definitions.--In this section: (1) Initial merchant.--The term ``initial merchant'' means a person that has obtained a consumer's billing information directly from the consumer through an Internet transaction initiated by the consumer. (2) Negative option feature.--The term ``negative option feature'' has the meaning given that term in section 310.2(t) of the Federal Trade Commission's Telemarketing Sales Rule regulations (16 C.F.R. 310.2(t)). (3) Post-transaction third party seller.--The term ``post- transaction third party seller'' means a person that-- (A) sells, or offers for sale, any good or service on the Internet; (B) solicits the purchase of such goods or services on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (C) is not a subsidiary or corporate affiliate of the initial merchant. SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--Violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) Regulations.--Notwithstanding any other provision of law, the Commission may promulgate such regulations as it finds necessary or appropriate to carry out this Act under section 553 of title 5, United States Code. (c) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (d) Authority Preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Right of Action.--Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this Act or any regulation issued under this Act that affects or may affect such State or its residents may bring an action, as parens patriae, on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to enjoin further violation, to compel compliance with this Act and any regulation issued under this Act, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may deem appropriate. (b) Notice to Commission Required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection (a) together with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. (c) Intervention by the Commission.--The Commission may intervene in such civil action and upon intervening may-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--Nothing in this section shall be construed-- (1) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or (2) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Limitation.--Whenever a civil action has been instituted by or on behalf of the Federal Trade Commission for violation of this Act or any regulation prescribed under this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) of this section against any defendant named in the complaint in such action for violation of this Act or any regulation prescribed under this Act as alleged in such complaint.

Restore Online Shoppers' Confidence Act - Defines "post-transaction third party seller" as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not a subsidiary or corporate affiliate of the initial merchant. Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account in an Internet-based transaction, unless: (1) before obtaining the consumer's billing information, the seller has disclosed all material terms, including the fact that the seller is not affiliated with the initial merchant; and (2) the seller has received the express informed consent. Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any such seller (sometimes referred to as a data-pass). Makes it unlawful, subject to exception, for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a "negative option feature." Defines "negative option feature" as a provision under which the customer's failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer. Prohibits construing this Act to supersede or otherwise affect the Electronic Fund Transfer Act or any regulation thereunder. Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act. Authorizes any state attorney general to bring an action on behalf of the state's residents to enjoin further violation, to compel compliance with this Act, to obtain damages, or to obtain other appropriate relief.

To protect consumers from certain aggressive sales tactics on the Internet.

SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Heroes Health Improvement Act of 2006''. SEC. 2. GRANTS FOR 9/11-RELATED HEALTH CARE. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities to provide medical and mental health monitoring, tracking, and treatment to individuals whose health has been directly impacted as a result of the attacks on New York City and at the Pentagon on September 11, 2001. (b) Eligibility.-- (1) In general.--To be eligible to receive a grant under subsection (a), an entity shall-- (A) be an entity-- (i) that serves individuals described in subsection (a), including-- (I) entities providing baseline and follow-up screening, clinical examinations, or long-term medical or mental health monitoring, analysis, or treatment to such individuals such as the Mount Sinai Center for Occupational and Environmental Medicine of New York City, the New York City Fire Department's Bureau of Health Services and Counseling Services Unit, the New York City Police Foundation's Project COPE, the Police Organization Providing Peer Assistance of New York City, and the New York City Department of Health and Mental Hygiene's World Trade Center Health Registry; and (II) any entity performing medical and mental health monitoring, tracking, or treatment of any individual that responded to the attacks at the Pentagon; or (ii) an entity not described in clause (i) that provides similar services to the individuals described in such clause; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Eligible individuals.--Individuals eligible to receive assistance from an entity under a grant under this section shall include firefighters, police officers, paramedics, workers, volunteers, residents, and any other individual who worked at Ground Zero, Fresh Kills, or the Pentagon or who lived or worked in the vicinity of such areas, and whose health has deteriorated as a result of the attacks described in subsection (a), and who have been evaluated by a physician or mental health professional for 9/11-related health conditions and need treatment for such conditions. (c) Priority in Awarding Assistance.--An eligible entity that receives a grant under this section shall use amounts provided under such grant to provide assistance to individuals in the following order of priority: (1) Individuals who are not covered under health insurance coverage. (2) Individuals who need health care assistance beyond what their health insurance coverage provides. (3) Individuals with insufficient health care insurance coverage. (4) Individuals who are in need of health care coverage and who are not described in any of paragraphs (1) through (3). (d) Report.--Not later than 30 days after the date of enactment of this Act, and monthly thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the Majority and Minority Leaders of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives, a report on the use of funds under this section. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section, $1,914,000,000 for fiscal years 2007 through 2011. (2) Staff and administration.--The Secretary may use not to exceed $10,000,000 of the amount appropriated under paragraph (1) for staffing and administrative expenses related to the implementation of this section. (3) Use of other funds.--The Secretary may use any funds appropriated to the Department of Health and Human Services, or any other funds specifically designated, to carry out this section.

9/11 Heroes Health Improvement Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to eligible entities to provide medical and mental health monitoring, tracking, and treatment to individuals whose health has been directly impacted as a result of the attacks on New York City and at the Pentagon on September 11, 2001. Includes as eligible individuals firefighters, police officers, paramedics, workers, volunteers, residents, and any other individual who worked at Ground Zero, Fresh Kills (recovery site on Staten Island), or the Pentagon or lived or worked in the vicinity of such areas, whose health has deteriorated as a result of the attacks, and who has been evaluated by a physician or mental health professional for 9/11-related health conditions and needs treatment for such conditions. Sets the order of priority for individuals covered under this Act.

A bill to establish a grant program for individuals still suffering health effects as a result of the September 11, 2001, attacks in New York City and at the Pentagon.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Gaming Eligibility Act''. SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988. Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is amended-- (1) by striking the section designation and heading and all that follows through ``(a) Except'' and inserting the following: ``SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988. ``(a) In General.--Except''; and (2) in subsection (b)-- (A) in paragraph (1)(B), in the matter preceding clause (i), by inserting ``subject to paragraph (2),'' before ``lands are taken''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: ``(2) Applicability to certain land.-- ``(A) In general.--Except as provided in subparagraph (D), effective beginning on the date of enactment of the Tribal Gaming Eligibility Act, in addition to any other requirements under applicable Federal law, gaming conducted pursuant to an exception under paragraph (1)(B) shall not be conducted on land taken into trust after October 17, 1988, by the United States for the benefit of an Indian tribe unless the Secretary determines, on the date the land is taken into trust, that the Indian tribe-- ``(i) has received a written determination by the Secretary that the land is eligible to be used for gaming under this section; and ``(ii) demonstrates-- ``(I) in accordance with subparagraph (B), a substantial, direct, modern connection to the land taken into trust, as of October 17, 1988; and ``(II) in accordance with subparagraph (C), a substantial, direct, aboriginal connection to the land taken into trust. ``(B) Substantial, direct, modern connection.--In making a determination under subparagraph (A)(ii)(I) that an Indian tribe demonstrates a substantial, direct, modern connection to land taken into trust as of October 17, 1988, the Secretary shall certify that-- ``(i) if the Indian tribe has a reservation-- ``(I) the land is located within a 25-mile radius of the tribal headquarters or other tribal governmental facilities of the Indian tribe on the reservation; ``(II) the Indian tribe has demonstrated a temporal connection to, or routine presence on, the land during the period beginning on October 17, 1988, and ending on the date of the certification; and ``(III) the Indian tribe has not been recognized or restored to Federal recognition status during the 5-year period preceding the date of the certification; or ``(ii) if the Indian tribe does not have a reservation-- ``(I) the land is located within a 25-mile radius of an area in which a significant number of members of the Indian tribe reside; ``(II) the Indian tribe has demonstrated a temporal connection to, or routine presence on, the land during the period beginning on October 17, 1988, and ending on the date of the certification; and ``(III)(aa) the land was included in the first-submitted request of the Indian tribe for newly acquired land since the date on which the Indian tribe was recognized or restored to Federal recognition; or ``(bb)(AA) the application to take the land into trust was received by the Secretary during the 5-year period beginning on the date on which the Indian tribe was recognized or restored to Federal recognition; and ``(BB) the Indian tribe is not conducting any gaming activity on any other land. ``(C) Substantial, direct, aboriginal connection.-- In making a determination under subparagraph (A)(ii)(II) that an Indian tribe demonstrates a substantial, direct, aboriginal connection to land, the Secretary shall take into consideration some or all of the following factors: ``(i) The historical presence of the Indian tribe on the land, including any land to which the Indian tribe was relocated pursuant to the forcible removal of tribal members from land as a result of acts of violence, an Act of Congress, a Federal or State administrative action, or a judicial order. ``(ii) Whether the membership of the tribe can demonstrate lineal descendent or cultural affiliation, in accordance with section 10.14 of title 43, Code of Federal Regulations (or a successor regulation). ``(iii) The area in which the unique language of the Indian tribe has been used. ``(iv) The proximity of the land to culturally significant sites of the Indian tribe. ``(v) The forcible removal of tribal members from land as a result of acts of violence, an Act of Congress, a Federal or State administrative action, or a judicial order. ``(vi) Other factors that demonstrate a temporal presence of the Indian tribe on the land prior to the first interactions of the Indian tribe with nonnative individuals, the Federal Government, or any other sovereign entity. ``(D) Exceptions.-- ``(i) In general.--Subparagraphs (A) through (C) shall not apply-- ``(I) to any land on which gaming regulated by this Act will not take place; ``(II) to any land located within, or contiguous to, the boundaries of the reservation of an Indian tribe, as of October 17, 1988; ``(III) if-- ``(aa) the relevant Indian tribe did not have a reservation on October 17, 1988; and ``(bb) the land is located-- ``(AA) in the State of Oklahoma and within the boundaries of the former reservation of the Indian tribe, as defined by the Secretary, or contiguous to other land held in trust or restricted status by the United States for the Indian tribe in the State of Oklahoma; or ``(BB) in a State other than Oklahoma and within the last recognized reservation of the Indian tribe in any State in which the Indian tribe is presently located; or ``(IV) if the relevant Indian tribe has-- ``(aa) taken land into trust during the period beginning on October 17, 1988, and ending on the date of enactment of the Tribal Gaming Eligibility Act; and ``(bb) has received a written determination by the Secretary that the land is eligible to be used for gaming under this section. ``(ii) Certain decisions.-- ``(I) In general.--Subject to subclause (II), subparagraphs (A) through (C) shall not apply to a final agency decision issued before the date of enactment of the Tribal Gaming Eligibility Act. ``(II) Pending applications.-- Subparagraphs (A) through (C) shall apply to an application that is pending, but for which a final agency decision has not been made, as of the date of enactment of the Tribal Gaming Eligibility Act. ``(E) Administration.--An action under this paragraph shall be considered a final administrative action for purposes of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act').''; and (D) in paragraph (4) (as redesignated by subparagraph (B)), by striking ``paragraph (2)(B)'' and inserting ``paragraph (3)(B),''.

Tribal Gaming Eligibility Act - Amends the Indian Gaming Regulatory Act to place restrictions on the conduct of gaming on lands taken into trust for an Indian tribe after October 17, 1988, as part of the settlement of a land claim, initial reservation of a newly recognized tribe, or restoration of lands for a tribe that has its federal recognition restored. Prohibits gaming on such lands, with specified exceptions, unless the Secretary of the Interior determines that the land is eligible for gaming and the tribe demonstrates: (1) a substantial, direct, modern connection to the land as of October 17, 1988; and (2) a substantial, direct, aboriginal connection to the land. (The Secretary and the state in which the gaming is proposed can still allow gaming on lands acquired for a tribe after October 17, 1988, if they concur that it is in the best interest of the tribe and its members.)

A bill to amend the Indian Gaming Regulatory Act to modify a provision relating to gaming on land acquired after October 17, 1988.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Inspection Service and Inspector General Act''. SEC. 2. RESTRICTION ON THE USE OF PAID CONFIDENTIAL INFORMANTS BY THE POSTAL SERVICE. (a) Confidential Informants.-- (1) Restriction.--Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(c)(1) The Postal Service may not retain the services of a paid confidential informant for purposes of any investigation concerning the possible violation of any law relating to controlled substances, unless the unlawful use of the mails is involved. ``(2) The Postal Service shall render a semiannual report to the Congress concerning any investigation-- ``(A) in which the Postal Service retains the services of a paid confidential informant; and ``(B) which results in the arrest of 1 or more individuals for violating any law relating to controlled substances. ``(3) For the purpose of this subsection-- ``(A) the term `controlled substance' has the meaning given such term by section 102(6) of the Controlled Drug Abuse Prevention and Control Act of 1970; and ``(B) a confidential informant shall be considered to be `paid' if such informant receives, or is to receive, a monetary or nonmonetary benefit (including any forbearance from a civil or criminal action) for the services involved.''. (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to any investigation commencing on or after the date of the enactment of this Act. (b) Officers.-- (1) In general.--Section 204 of title 39, United States Code, is amended-- (A) by amending the section heading to read as follows: ``Sec. 204. Assistant Postmasters General; General Counsel; Judicial Officer; Chief Postal Inspector''; (B) in the first sentence by striking ``and a Judicial Officer.'' and inserting ``a Judicial Officer, and a Chief Postal Inspector.''; and (C) in the second sentence by striking ``and the Judicial Officer'' and inserting ``the Judicial Officer, and the Chief Postal Inspector''. (2) Conforming amendment.--The table of sections for chapter 2 of title 39, United States Code, is amended by striking the item relating to section 204 and inserting the following: ``204. Assistant Postmasters General; General Counsel; Judicial Officer; Chief Postal Inspector.''. SEC. 3. INSPECTOR GENERAL OF THE UNITED STATES POSTAL SERVICE. (a) Definitions.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1) by inserting ``the Postmaster General;'' after ``the Attorney General;''; and (2) in paragraph (2) by inserting ``the United States Postal Service,'' after ``Treasury;''. (b) Transfer of Functions.--Section 9(a) of the Inspector General Act of 1978, as amended by section 203(g)(3)(A) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 890), is amended-- (1) in paragraph (1)-- (A) in subparagraph (U) by striking ``and'' after the semicolon; and (B) by adding at the end the following: ``(W) of the United States Postal Service, that portion of the Postal Inspection Service that is engaged in internal audit and program review activities; and''; and (2) in paragraph (2) by inserting ``(or, in the case of the United States Postal Service, the Postmaster General, in consultation with the Board of Governors)'' after ``head of the establishment involved''. (c) Special Provisions.--The Inspector General Act of 1978 is amended-- (1) by redesignating the first section designated as section 8G as section 8H; (2) by redesignating the second section designated as section 8G as section 8I; and (3) by inserting after section 8F the following: ``special provisions concerning the united states postal service ``Sec. 8G. (a) In carrying out the duties and responsibilities specified in this Act, the Inspector General of the United States Postal Service shall have oversight responsibility for all activities of the Postal Inspection Service, including any internal investigation performed thereby. The Chief Postal Inspector shall promptly report the significant activities being carried out by the Postal Inspection Service to such Inspector General. ``(b) Nothing in this Act shall restrict, eliminate, or otherwise adversely affect any of the rights, privileges, or benefits of either employees of the United States Postal Service, or labor organizations representing employees of the United States Postal Service, under chapter 12 of title 39, United States Code, the National Labor Relations Act, any handbook or manual affecting employee labor relations with the United States Postal Service, or any collective bargaining agreement.''. (d) Technical and Conforming Amendments.-- (1) Relating to the inspector general act of 1978.--Section 8H of the Inspector General Act of 1978 (as so redesignated by subsection (c)(1)) is amended-- (A) in subsection (a)(2) by striking ``Tennessee Valley Authority,'' and all that follows through the semicolon and inserting ``Tennessee Valley Authority, and the United States International Trade Commission;''; and (B)(i) by striking subsection (f), and redesignating subsections (g) and (h) as subsections (f) and (g), respectively; (ii) in paragraphs (3) and (4) of subsection (a) by striking ``(h)(1)'' and inserting ``(g)(1)''; and (iii) in subsection (c) by striking ``Except as provided under subsection (f) of this section, the'' and inserting ``The''. (2) Relating to title 39, united states code.--Section 410(b) of title 39, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (9); and (B) by amending paragraph (10) to read as follows: ``(10) the Inspector General Act of 1978; and''. (e) Effective Date; Interim Service.-- (1) Effective date.--This section and the amendments made by this section shall take effect upon the expiration of the 3- month period beginning on the date of the enactment of this Act. (2) Interim service.--The individual serving as Inspector General of the United States Postal Service on the day before this section takes effect may continue to serve in that capacity until-- (A) a successor has taken office, or (B) such individual ceases to be the Chief Postal Inspector of the United States Postal Service. Passed the House of Representatives June 27, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Postal Inspection Service and Inspector General Act - Prohibits the Postal Service from retaining the services of a paid confidential informant for purposes of investigations concerning the possible violation of laws relating to controlled substances unless the unlawful use of the mails is involved. Directs the Postal Service to render a semiannual report to the Congress concerning any investigation: (1) in which the Postal Service retains the services of a paid confidential informant; and (2) which results in the arrest of one or more individuals for violating any law relating to controlled substances. Creates a Chief Postal Inspector within the Postal Service. Amends the Inspector General Act of 1978 to transfer internal audit and program review functions of the Postal Inspection Service to the Office of the Inspector General of the Postal Service. Confers oversight responsibility for all activities of the Postal Inspection Service on the Inspector General. Requires the Chief Postal Inspector to report significant activities being carried out by the Postal Inspection Service to the Inspector General. Applies all provisions of the Inspector General Act of 1978 to the Postal Service. Declares that nothing in such Act shall adversely affect any of the rights, privileges, or benefits of either employees of the Postal Service or labor organizations representing such employees.

Postal Inspection Service and Inspector General Act

SECTION 1. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE ASSOCIATIONS CONVEYANCES. The conveyance of approximately 11,520 acres to Montana Creek Native Association, Inc., and the conveyance of approximately 11,520 acres to Caswell Native Association, Inc., by Cook Inlet Region, Inc. in fulfillment of the agreement of February 3, 1976, and subsequent letter agreement of March 26, 1982, among the three parties are hereby adopted and ratified as a matter of Federal law. These conveyances shall be deemed to be conveyances pursuant to section 14(h)(2) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group corporations for Montana Creek and Caswell are hereby declared to have received their full entitlement and shall not be entitled to the receipt of any additional lands under the Alaska Native Claims Settlement Act. The ratification of these conveyances shall not have any other effect upon section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) or upon the duties and obligations of the United States to any Alaska Native Corporation. This ratification shall not be the basis for any claim to land or money by Caswell or Montana Creek group corporations or any other Alaska Native Corporation against the State of Alaska, the United States, or Cook Inlet Region, Incorporated. SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL CORPORATION. Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(c)) is amended by adding at the end the following: ``(3) This section shall apply to lands conveyed by interim conveyance or patent to a regional corporation pursuant to this Act which are made subject to a mining claim or claims located under the general mining laws, including lands conveyed prior to enactment of this paragraph. Effective upon the date of the enactment of this paragraph, the Secretary, acting through the Bureau of Land Management and in a manner consistent with section 14(g) of this Act, shall transfer to the regional corporation administration of all mining claims determined to be entirely within lands conveyed to that corporation. Any person holding such mining claim or claims shall meet such requirements of the general mining laws and section 314 of the Federal Land Management and Policy Act of 1976 (43 U.S.C. 1744), except that any filings which would have been made with the Bureau of Land Management if the lands were within Federal ownership shall be timely made to the appropriate regional corporation. The validity of any such mining claim or claims may be contested by the regional corporation, in the place of the United States. All contest proceedings and appeals by the mining claimants of adverse decisions made by the regional corporation shall be brought in Federal District Court for the District of Alaska. Neither the United States nor any Federal agency or official shall be named or joined as a party in such proceedings or appeals. All revenues from such mining claims received after passage of this paragraph shall be remitted to the regional corporation subject to distribution pursuant to section 7(i) of this Act, except that in the event that the mining claim or claims are not totally within the lands conveyed to the regional corporation, the regional corporation shall be entitled only to that proportion of revenues, other than administrative fees, reasonably allocated to the portion of the mining claim or claims so conveyed.''. SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE CONTAMINATION OF TRANSFERRED LANDS. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``claims arising from contamination of transferred lands ``Sec. 40. (a) As used in this section: ``(1) The term `contaminant' means hazardous substances harmful to public health or the environment, including asbestos. ``(2) The term `lands' means real property transferred to an Alaska Native Corporation pursuant to this Act. ``(b) Within 18 months of enactment of this section, and after consultation with the Secretary of Agriculture, State of Alaska, and appropriate Alaska Native corporations and organizations, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report addressing issues presented by the presence of hazardous substances on lands conveyed or prioritized for conveyance to such corporations pursuant to this Act. Such report shall consist of-- ``(1) existing information concerning the nature and types of contaminants present on such lands prior to conveyance to Alaska Native corporations; ``(2) existing information identifying the existence and availability of potentially responsible parties for the removal or amelioration of the effects of such contaminants; ``(3) identification of existing remedies; and ``(4) recommendations for any additional legislation that the Secretary concludes is necessary to remedy the problem of contaminants on such lands.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF IMPLEMENTING REQUIRED RECONVEYANCES. Section 14(c) of Alaska Native Claims Settlement Act (43 U.S.C. 1613(c)) is amended by adding at the end the following: ``There is authorized to be appropriated such sums as may be necessary for the purpose of providing technical assistance to Village Corporations established pursuant to this Act in order that they may fulfill the reconveyance requirements of section 14(c) of this Act. The Secretary may make funds available as grants to ANCSA or nonprofit corporations that maintain in-house land planning and management capabilities.''. SEC. 5. NATIVE ALLOTMENTS. Section 1431(o) of the Alaska National Interest Lands Conservation Act (94 Stat. 2542) is amended by adding at the end the following: ``(5) Following the exercise by Arctic Slope Regional Corporation of its option under paragraph (1) to acquire the subsurface estate beneath lands within the National Petroleum Reserve--Alaska selected by Kuukpik Corporation, where such subsurface estate entirely surrounds lands subject to a Native allotment application approved under section 905 of this Act, and the oil and gas in such lands have been reserved to the United States, Arctic Slope Regional Corporation, at its further option, shall be entitled to receive a conveyance of the reserved oil and gas, including all rights and privileges therein reserved to the United States, in such lands. Upon the receipt of a conveyance of such oil and gas interests, the entitlement of Arctic Slope Regional Corporation to in-lieu subsurface lands under section 12(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)(1)) shall be reduced by the amount of acreage determined by the Secretary to be conveyed to Arctic Slope Regional Corporation pursuant to this paragraph.''. SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKAN VETERANS FOR ALLOTMENTS. (a) In General.--No later than six months after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agriculture, the State of Alaska and appropriate Native corporations and organizations, shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report which shall include, but not be limited to, the following: (1) The number of Vietnam era veterans, as defined in section 101 of title 38, United States Code, who were eligible for but did not apply for an allotment of not to exceed 160 acres under the Act of May 17, 1906 (Chapter 2469; 34 Stat. 197), as such Act was in effect before December 18, 1971; (2) an assessment of the potential impacts of additional allotments on conservation system units as such term is defined in section 102(4) of the Alaska National Interest Lands Conservation Act (94 Stat. 2375); and (3) recommendations for any additional legislation that the Secretary concludes is necessary. (b) Requirement.--The Secretary of Veterans Affairs shall release to the Secretary of the Interior information relevant to the report required under subsection (a). SEC. 7. TRANSFER OF WRANGELL INSTITUTE. (a) Property Transfer.--Cook Inlet Region, Incorporated, is authorized to transfer to the United States and the General Services Administration shall accept an approximately 10-acre site of the Wrangell Institute in Wrangell, Alaska, and the structures contained thereon. (b) Restoration of Property Credits.-- (1) In general.--In exchange for the land and structures transferred under subsection (a), property bidding credits in the total amount of $382,305, shall be restored to the Cook Inlet Region, Incorporated, property account in the Treasury established under section 12(b) of the Act of January 2, 1976 (Public Law 94-204; 43 U.S.C. 1611 note), referred to in such section as the ``Cook Inlet Region, Incorporated, property account''. Such property bidding credits shall be used in the same fiscal year as received by Cook Inlet Region, Incorporated. (2) Hold harmless.--The United States shall defend and hold harmless Cook Inlet Region, Incorporated, and its subsidiaries in any and all claims arising from Federal or Cook Inlet Region, Incorporated, ownership of the land and structures prior to their return to the United States. SEC. 8. SHISHMAREF AIRPORT AMENDMENT. The Shishmaref Airport, conveyed to the State of Alaska on January 5, 1967, in Patent No. 1240529, is subject to reversion to the United States, pursuant to the terms of that patent for nonuse as an airport. The Secretary is authorized to reacquire the interests originally conveyed pursuant to Patent No. 1240529, and, notwithstanding any other provision of law, the Secretary shall immediately thereafter transfer all right, title, and interest of the United States in the subject lands to the Shishmaref Native Corporation. Nothing in this section shall relieve the State, the United States, or any other potentially responsible party of liability, if any, under existing law for the cleanup of hazardous or solid wastes on the property, nor shall the United States or Shishmaref Native Corporation become liable for the cleanup of the property solely by virtue of acquiring title from the State or from the United States. SEC. 9. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. (a) In General.--Section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the following new paragraph: ``(4)(A) As used in this paragraph, the term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. ``(B) The Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of the Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. ``(C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell the Settlement Common Stock of the Cook Inlet Regional Corporation to itself. ``(D) No sale or purchase may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each sale and purchase made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. ``(E) To recognize the different rights that accrue to any class or series of shares of Settlement Common Stock owned by stockholders who are not residents of a Native village (referred to in this paragraph as `non-village shares'), an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase-- ``(i) the non-village shares, including the right to share in distributions made to shareholders pursuant to subsections (j) and (m) (referred to in this paragraph as `nonresident distribution rights'), at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or ``(ii) non-village shares without the nonresident distribution rights associated with the shares. ``(F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each non-village share sold by the shareholder to the Cook Inlet Regional Corporation-- ``(i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and ``(ii) a security for only the nonresident rights that attach to such share that does not have attached voting rights (referred to in this paragraph as a `non-voting security'). ``(G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a non-voting security that-- ``(i) shall, for purposes of subsections (j) and (m), be treated as a non-village share with respect to-- ``(I) computing distributions under such subsections; and ``(II) entitling the holder of the share to the proportional share of the distributions made under such subsections; ``(ii) may be sold to Cook Inlet Region, Inc.; and ``(iii) shall otherwise be subject to the restrictions under paragraph (1)(B). ``(H) Any shares of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that-- ``(i) non-village shares with the nonresident rights that attach to such shares that are purchased pursuant to this paragraph shall be considered to be-- ``(I) outstanding shares; and ``(II) for the purposes of subsection (m), shares of stock registered on the books of the Cook Inlet Regional Corporation in the names of nonresidents of villages; and ``(ii) any amount of funds that would be distributable with respect to non-village shares or non-voting securities pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to itself; and ``(iii) village shares that are purchased pursuant to this paragraph shall be considered to be-- ``(I) outstanding shares, and ``(II) for the purposes of subsection (k) shares of stock registered on the books of the Cook Inlet Regional Corporation in the names of the residents of villages. ``(I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer-- ``(i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and ``(ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. ``(J)(i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a non-village share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. ``(ii) Notwithstanding any other provision of law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made-- ``(I) in good faith; ``(II) in reliance on a determination made pursuant to clause (i); and ``(III) otherwise in accordance with this paragraph. ``(K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for such consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). ``(L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as an Alaska Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Alaska Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based programs that may be provided by Federal, State or local agencies.''. (b) Conforming Amendment.--Section 8(c) of such Act (43 U.S.C. 1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than paragraph (4))''. Passed the House of Representatives October 3, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Ratifies certain land conveyances by Cook Inlet Region, Inc., to the Montana Creek Native Association, Inc., and to the Caswell Native Association, Inc. (Sec. 2) Amends the Alaska Native Claims Settlement Act (Act) with respect to requirements, administration, and revenues of mining claims patented to a Regional Corporation. (Sec. 3) Directs the Secretary of the Interior (Secretary) to report to the Congress concerning hazardous substances on lands conveyed to Native Corporations. (Sec. 4) Authorizes appropriations to Village Corporations for reconveyance activities. (Sec. 5) Amends the Alaska National Interest Lands Conservation Act with respect to specified oil and gas reserve conveyances allotted to the Arctic Slope Regional Corporation. (Sec. 6) Directs the Secretary to report to the Congress concerning Native Alaskan Vietnam era veterans who did not receive specified allotments, and a related assessment of any additional allotments. (Sec. 7) Authorizes Cook Inlet Region, Inc., to transfer Wrangell Institute in Wrangell, Alaska, to the General Services Administration in exchange for the restoration of specified property credits. (Sec. 8) States that: (1) the Shishmaref Airport, Alaska, is subject to reversion to the United States for nonuse as an airport; and (2) the Secretary shall reacquire the conveyed interests and transfer such lands to the Shismaref Native Corporation. (Sec. 9) Amends the Act to authorize the Cook Inlet Regional Corporation (Cook Inlet Region, Incorporated) to purchase its shareholder-held common stock.

To amend the Alaska Native Claims Settlement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoor Recreation Legacy Partnership Grant Program Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.-- (A) In general.--The term ``eligible entity'' means-- (i) a State; (ii) a political subdivision of a State, including-- (I) a city; and (II) a county; (iii) a special purpose district, including park districts; and (iv) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). (B) Political subdivisions and indian tribes.--A political subdivision of a State or an Indian tribe shall be considered an eligible entity only if the political subdivision or Indian tribe represents or otherwise serves a qualifying urban area. (2) Outdoor recreation legacy partnership grant program.-- The term ``Outdoor Recreation Legacy Partnership Grant Program'' means the program established under section 3(a). (3) Qualifying urban area.--The term ``qualifying urban area'' means an area described in the notice of the Bureau of the Census entitled ``Qualifying Urban Areas for the 2010 Census'' (77 Fed. Reg. 18652 (March 27, 2012)). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GRANTS AUTHORIZED. (a) In General.--The Secretary shall establish an outdoor recreation legacy partnership grant program under which the Secretary may award grants to eligible entities for projects-- (1) to acquire land and water for parks and other outdoor recreation purposes; and (2) to develop new or renovate existing outdoor recreation facilities. (b) Matching Requirement.-- (1) In general.--As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Sources.--The matching amounts referred to in paragraph (1) may include amounts made available from State, local, nongovernmental, or private sources. SEC. 4. ELIGIBLE USES. (a) In General.--A grant recipient may use a grant awarded under this Act-- (1) to acquire land or water that provides outdoor recreation opportunities to the public; and (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public, with priority given to projects that-- (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide opportunities for youth employment or job training; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Limitations on Use.--A grant recipient may not use grant funds for-- (1) grant administration costs; (2) incidental costs related to land acquisition, including appraisal and titling; (3) operation and maintenance activities; (4) facilities that support semiprofessional or professional athletics; (5) indoor facilities such as recreation centers or facilities that support primarily non-outdoor purposes; or (6) acquisition of land or interests in land that restrict access to specific persons. SEC. 5. NATIONAL PARK SERVICE REQUIREMENTS. In carrying out the Outdoor Recreation Legacy Partnership Grant Program, the Secretary shall-- (1) conduct an initial screening and technical review of applications received; and (2) evaluate and score all qualifying applications. SEC. 6. REPORTING. (a) Annual Reports.--Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that-- (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final Reports.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. SEC. 7. REVENUE SHARING. Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting before the period at the end ``, of which 20 percent for each of fiscal years 2017 through 2055 shall be used by the Secretary of the Interior to provide grants under the Outdoor Recreation Legacy Partnership Grant Program Act of 2015.''.

Outdoor Recreation Legacy Partnership Grant Program Act of 2015 This bill directs the Department of the Interior to establish an outdoor recreation legacy partnership grant program under which Interior awards grants to eligible entities (the states, their political subdivisions, special purpose districts, and Indian Tribes) for projects to: (1) acquire land and water for parks and other outdoor recreation purposes, and (2) develop new or renovate existing outdoor recreation facilities. As a condition for receiving a grant, an eligible entity shall provide matching funds in cash or in kind equal to 100% of the amounts available under the grant. A grant recipient may use the grant to acquire land or water providing outdoor recreation opportunities to the public. A grant may also be used to develop or renovate outdoor recreational facilities, with priority given to projects that: create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; engage and empower underserved communities and youth; provide opportunities for youth employment or job training; establish or expand public-private partnerships; take advantage of coordination among various levels of government. Grant funds may not be used for specified costs, facilities, and activities, including the acquisition of lands or interests that restrict access to particular persons.

Outdoor Recreation Legacy Partnership Grant Program Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Equity and Education Act of 2001''. SEC. 2. EXCEPTION TO 50 PERCENT CORRESPONDENCE COURSE LIMITATIONS. (a) Definition of Institution of Higher Education for Title IV Purposes.--Section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) is amended by adding at the end the following new paragraph: ``(7) Exception to limitation based on course of study.-- Courses offered via telecommunications (as defined in section 484(l)(4)) shall not be considered to be correspondence courses for purposes of subparagraph (A) or (B) of paragraph (3) for any institution that-- ``(A) is participating in either or both of the loan programs under part B or D of title IV on the date of enactment of the Internet Equity and Education Act of 2001; ``(B) has a cohort default rate (as determined under section 435(m)) for each of the 3 most recent fiscal years for which data are available that is less than 10 percent; and ``(C)(i) has notified the Secretary, in a form and manner prescribed by the Secretary (including such information as the Secretary may require to meet the requirements of clause (ii)), of the election by such institution to qualify as an institution of higher education by means of the provisions of this paragraph; and ``(ii) the Secretary has not, within 90 days after such notice, and the receipt of any information required under clause (i), notified the institution that the election by such institution would pose a significant risk to Federal funds and the integrity of programs under title IV.''. (b) Definition of Eligible Student.--Section 484(l)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(l)(1)) is amended by adding at the end the following new subparagraph: ``(C) Exception to 50 percent limitation.-- Notwithstanding the 50 percent limitation in subparagraph (A), a student enrolled in a course of instruction described in such subparagraph shall not be considered to be enrolled in correspondence courses if the student is enrolled in an institution that-- ``(i) is participating in either or both of the loan programs under part B or D of title IV on the date of enactment of the Internet Equity and Education Act of 2001; ``(ii) has a cohort default rate (as determined under section 435(m)) for each of the 3 most recent fiscal years for which data are available that is less than 10 percent; and ``(iii)(I) has notified the Secretary, in form and manner prescribed by the Secretary (including such information as the Secretary may require to meet the requirements of subclause (II)), of the election by such institution to qualify its students as eligible students by means of the provisions of this subparagraph; and ``(II) the Secretary has not, within 90 days after such notice, and the receipt of any information required under subclause (I), notified the institution that the election by such institution would pose a significant risk to Federal funds and the integrity of programs under title IV.''. SEC. 3. DEFINITION OF ACADEMIC YEAR. Section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)) is amended by adding at the end the following new paragraph: ``(3) For the purposes of any eligible program, a week of instruction is defined as a week in which at least one day of regularly scheduled instruction or examinations occurs, or at least one day of study for final examinations occurs after the last scheduled day of classes. For an educational program using credit hours, but not using a semester, trimester, or quarter system, an institution of higher education shall notify the Secretary, in the form and manner prescribed by the Secretary, if the institution plans to offer an eligible program of instruction of less than 12 hours of regularly scheduled instruction, examinations, or preparation for examinations for a week of instructional time.''. SEC. 4. INCENTIVE COMPENSATION. (a) Amendment.--Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 484B (20 U.S.C. 1091b) the following new section: ``SEC. 484C. INCENTIVE COMPENSATION PROHIBITED. ``(a) Prohibition.--No institution of higher education participating in a program under this title shall make any payment of a commission, bonus, or other incentive payment, based directly on success in securing enrollments or financial aid, to any person or entity directly engaged in student recruiting or admission activities, or making decisions regarding the award of student financial assistance, except that this section shall not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance. ``(b) Exceptions.--Subsection (a) does not apply to payment of a commission, bonus, or other incentive payment-- ``(1) pursuant to any contract with any third-party service provider that has no control over eligibility for admission or enrollment or the awarding of financial aid at the institution of higher education, provided that no employee of the third- party service provider is paid a commission, bonus, or other incentive payment based directly on success in securing enrollments or financial aid; or ``(2) to persons or entities for success in securing agreements, contracts, or commitments from employers to provide financial support for enrollment by their employees in an institution of higher education or for activities that may lead to such agreements, contracts, or commitments. ``(c) Exception for Fixed Compensation.--For purposes of subsection (a), a person shall not be treated as receiving incentive compensation when such person receives a fixed compensation that is paid regularly for services and that is adjusted no more frequently than every six months.''. (b) Conforming Amendment.--Paragraph (20) of section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)) is repealed. (c) Technical Amendment.--Section 487(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1094(c)(1)) is amended by striking ``paragraph (2)(B)'' each place it appears in subparagraphs (F) and (H) and inserting ``paragraph (3)(B)''. SEC. 5. EVALUATION AND REPORT. (a) Information from Institutions.-- (1) Institutions covered by requirement.--The requirements of paragraph (2) apply to any institution of higher education that-- (A) has notified the Secretary of Education of an election to qualify for the exception to limitation based on course of study in section 102(a)(7) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(7)) or the exception to the 50 percent limitation in section 484(l)(1)(C) of such Act (20 U.S.C. 1091(l)(1)(C)); (B) has notified the Secretary under section 481(a)(3) of such Act (20 U.S.C. 1088(a)(3)); or (C) contracts with outside parties for-- (i) the delivery of distance education programs; (ii) the delivery of programs offered in nontraditional formats; or (iii) the purpose of securing the enrollment of students. (2) Requirements.--Any institution of higher education to which this paragraph applies shall comply, on a timely basis, with the Secretary of Education's reasonable requests for information on changes in-- (A) the amount or method of instruction offered; (B) the types of programs or courses offered; (C) enrollment by type of program or course; (D) the amount and types of grant, loan, or work assistance provided under title IV of the Higher Education Act of 1965 that is received by students enrolled in programs conducted in nontraditional formats; and (E) outcomes for students enrolled in such courses or programs. (b) Report by Secretary Required.--The Secretary of Education shall conduct by grant or contract a study of, and by March 31, 2003, submit to the Congress, a report on-- (1) the effect that the amendments made by this Act have had on-- (A) the ability of institutions of higher education to provide distance learning opportunities to students; and (B) program integrity; (2) with respect to distance education or correspondence education courses at institutions of higher education to which the information requirements of subsection (a)(2) apply, changes from year-to-year in-- (A) the amount or method of instruction offered and the types of programs or courses offered; (B) the number and type of students enrolled in distance education or correspondence education courses; (C) the amount of student aid provided to such students, in total and as a percentage of the institution's revenue; and (D) outcomes for students enrolled in distance education or correspondence education courses, including graduation rates, job placement rates, and loan delinquencies and defaults; (3) any reported and verified claim of inducement to participate in the student financial aid programs and any violation of the Higher Education Act of 1965, including any actions taken by the Department of Education against the violator; and (4) any further improvements that should be made to the provisions amended by this Act (and related provisions), in order to accommodate nontraditional educational opportunities in the Federal student assistance programs while ensuring the integrity of those programs. SEC. 6. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. Section 420J of the Higher Education Act of 1965 (20 U.S.C. 1070f- 6) is amended by adding at the end the following new sentence: ``If for any fiscal year funds are not appropriated pursuant to this section, funds available under part B of title VII, relating to the Fund for the Improvement of Postsecondary Education, may be made available for continuation grants for any grant recipient under this subpart.''. SEC. 7. IMPLEMENTATION. (a) No Delay in Effective Date.--Section 482(c) of the Higher Education Act of 1965 (20 U.S.C. 1089(c)) shall not apply to the amendments made by this Act. (b) Implementing Regulations.--Section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a) shall not apply to the amendments made by sections 2 and 3 of this Act. Passed the House of Representatives October 10, 2001. Attest: JEFF TRANDAHL, Clerk.

Internet Equity and Education Act of 2001 - Amends the Higher Education Act of 1965 (HEA) to exempt courses offered through telecommunications from certain limitations on student financial assistance with respect to correspondence courses. (Such limitations include the 50-percent rule, requiring that an institution provide at least 50 percent of its instruction in person.) Allows such exemption if the institution of higher education (IHE) offering such course through telecommunications: (1) is participating in the guaranteed or the direct student loan program; and (2) has a cohort default rate of less than ten percent for each of the three most recent fiscal years for which data are available; and (3) has notified the Secretary of Education of its election to qualify for such exemption, and then has not been notified by the Secretary that such election would pose a significant risk to Federal funds under HEA title IV (Student Assistance).(Sec. 3) Defines a week of instruction, with respect to an academic year for HEA student aid programs, as one in which at least one day of regularly scheduled instruction or examinations occurs, or at least one day of study for final examinations occurs after the last scheduled day of classes. (Such revised definition eliminates a 12-hour rule requiring students to spend at least 12 hours a week in class if enrolled in courses that are not on a semester, trimester, or quarter system.) Requires an IHE to notify the Secretary if it plans to offer an eligible program of instruction of less than 12 hours of regularly scheduled instruction, examinations, or preparation for examinations for a week of instructional time (for educational programs using credit hours, but not using a semester, trimester, or quarter system).(Sec. 4) Revises a prohibition, for IHEs that participate in HEA student assistance programs, against making incentive payments based on success in securing enrollments or financial aid to any person or entity engaged in student recruiting or admission activities, or making decisions regarding the award of student financial assistance. Prohibits such payments only if they are: (1) based directly on such success; and (2) made to a person or entity directly engaged in such activities. Exempts from such prohibition: (1) recruitment of foreign students not eligible to receive Federal student assistance (as does current law); (2) incentive payments under any contract with a third-party service provider with no control over eligibility for admission or enrollment or awarding of financial aid at the IHE, if no employee of that provider is given an incentive payment based directly on success in securing enrollments or financial aid; (3) incentive payments to persons or entities for success in securing (or activities leading to) agreements, contracts, or commitments from employers to provide financial support for enrollment of their employees in an IHE; and (4) persons receiving fixed compensation paid regularly for services and adjusted no more frequently than every six months.(Sec. 5) Requires certain information to be provided to the Secretary by IHEs that have: (1) notified the Secretary of their election to qualify for an exception to a limitation on course of study or to the 50 percent limitation on instruction that is not in person; (2) notified the Secretary of plans to offer an eligible program of instruction of less than 12 hours; or (3) contracts with outside parties for delivery of distance education programs or programs offered in nontraditional formats or for securing enrollment of students.Directs the Secretary to evaluate and report on: (1) the effect of this Act on IHE ability to provide distance learning opportunities and on program integrity; (2) specified types of changes with respect to distance education or correspondence courses at IHEs subject to information requirements under this Act; (3) claims of inducements to participate in student financial aid programs, HEA violations, and Federal actions against violators; and (4) any further revisions to accommodate nontraditional educational opportunities in Federal student assistance programs while ensuring program integrity.(Sec. 6) Authorizes funds to be made available for the Learning Anytime Anywhere Partnerships program from the Fund for Improvement of Postsecondary Education if for any fiscal year funds are not appropriated for such program.

To amend the Higher Education Act of 1965 to expand the opportunities for higher education via telecommunications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Daniel Pearl Freedom of the Press Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Acts of violence against journalists and media personnel continue to rise in frequency, with very few of the attacks resulting in prosecution. (2) According to the 2008 Annual Report by the Committee to Protect Journalists, in 2008 at least 41 journalists were killed in connection with their work, and 125 were imprisoned. (3) Reflecting the rise in influence of Internet reporting, an increasing number of online editors, bloggers, and web-based reporters are being imprisoned and websites are being closed because of official censorship. (4) The United States and the international community agree that the safety and independence of journalists and the media are a matter of pressing international concern. On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. Article 19 of the Universal Declaration of Human Rights states that ``Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.''. (b) Purposes.--The purposes of this Act are to-- (1) highlight and promote the work and accomplishments of journalists and media organizations that promote freedom of opinion and expression worldwide; (2) draw attention to the conditions in countries in which journalists are killed, imprisoned, kidnapped, threatened, or censored; (3) offer protection for these individuals and media organizations by identifying to the international community those countries where journalists are at the highest risk; and (4) emphasize the significance of including freedom of the press as enshrined in article 19 of the Universal Declaration of Human Rights as a factor in United States foreign policy. SEC. 3. ANNUAL REPORT ON THE PROMOTION OF FREEDOM OF THE PRESS WORLDWIDE. (a) Report.--The Secretary of State shall annually submit to Congress a report regarding the promotion of freedom of the press worldwide. The report shall be entitled the ``Annual Report on the Status of Freedom of the Press Worldwide''. (b) Preparation.--The Secretary shall prepare the Annual Report with the assistance of the Bureau of Democracy, Human Rights and Labor. (c) Contents.--The Annual Report shall contain the following information: (1) A description of the status of freedom of the press in each country, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts. (2) An identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups. (3) In countries where there are particularly severe violations of freedom of the press, the annual report shall address the following: (A) Whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press. (B) What steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists. (d) Organization.--The Annual Report shall be organized in three parts, as follows: (1) Part I shall consist of the identification of countries (and the associated assessment of their efforts) under subsection (c)(1). (2) Part II shall consist of the identification of countries (and the associated assessment of their efforts) under subsection (c)(2). (3) Part III shall consist of the identification of countries (and the associated assessment of their efforts) under subsection (c)(3). (e) Time for Submission.--The Secretary shall submit the Annual Report on May 3 of each year, declared by the United Nations General Assembly as World Press Freedom Day, or the first day thereafter on which either House of Congress is in session. (f) Unclassified Form.--The Annual Report shall be submitted in unclassified form. SEC. 4. FREEDOM OF THE PRESS GRANT PROGRAM. (a) In General.--The Secretary of State shall administer a grant program with the aim of promoting freedom of the press worldwide. The grant program shall be administered by the Department of State's Bureau of Democracy, Human Rights and Labor as part of the Human Rights Democracy Fund (HRDF). (b) Amounts and Time.--Grants may be awarded to nonprofit and international organizations in amounts ranging from $70,000 to $150,000 annually. Grants may span multiple years, up to five years. (c) Purpose.--Grant proposals should promote and broaden press freedoms by strengthening the independence of journalists and media organizations, promoting a legal framework for freedom of the press, or through providing regionally and culturally relevant training and professionalization of skills to meet international standards in both traditional and digital media. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of State $2,000,000 for each of fiscal years 2010 to 2014 to carry out this Act. SEC. 6. DEFINITIONS. In this Act: (1) Annual report.--The term ``Annual Report'' means the Annual Report on the Status of Freedom of the Press Worldwide required under subsection (a). (2) Media organization.--The term ``media organization'' means a group or organization that gathers and disseminates news and information to the public (through any medium of mass communication) in a foreign country in which the group or organization is located, except that the term does not include a group or organization that is primarily an agency or instrumentality of the government of such foreign country. The term includes an individual who is an agent or employee of such group or organization who acts within the scope of such agency or employment. (3) Secretary.--The term ``Secretary'' means the Secretary of State.

Daniel Pearl Freedom of the Press Act of 2009 - Directs the Secretary of State, with the assistance of the Bureau of Democracy, Human Rights and Labor, to provide Congress with an "Annual Report on the Status of Freedom of the Press Worldwide." Sets forth Report provisions. Directs the Secretary to administer a grant program to promote freedom of the press worldwide, which shall be administered by the Department's Bureau of Democracy, Human Rights and Labor as part of the Human Rights Democracy Fund.

To highlight and promote freedom of the press worldwide.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving American Homeownership Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The stability of the economy, housing market, and neighborhoods of the United States depends upon reducing the number of foreclosures in the United States. (2) Underwater homeowners have an incentive to walk away from their homes, contributing greatly to the increase in foreclosures. SEC. 3. SHARED APPRECIATION MORTGAGE MODIFICATION PILOT PROGRAMS. (a) Definitions.--In this section-- (1) the term ``capital improvement'' means a home improvement described in table 4 of Publication 530 of the Internal Revenue Service, or any successor thereto; (2) the term ``covered mortgage'' means a mortgage-- (A) that is-- (i) sold to the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; or (ii) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); (B) that is secured by real property that is the primary residence of a homeowner; (C) that is in an amount that is greater than the appraised value of the real property securing the mortgage on or about the date on which the homeowner is approved to participate in the pilot program under subsection (b); (D) with respect to which the homeowner-- (i) is not fewer than 60 days delinquent; or (ii) is at risk of imminent default; and (E) of a homeowner who has a documented financial hardship that prevents or will prevent the homeowner from making mortgage payments; (3) the term ``enterprise'' has the same meaning as in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); (4) the term ``homeowner'' means the mortgagor under a covered mortgage; (5) the term ``investor'' means-- (A) the mortgagee under a covered mortgage; or (B) in the case of a covered mortgage that collateralizes an asset-backed security, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), the trustee for the asset-backed security; (6) the term ``pilot program'' means a pilot program established under subsection (b); and (7) the term ``shared appreciation mortgage modification'' means a modification of a covered mortgage in accordance with subsection (c). (b) Pilot Programs Established.--The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner shall each establish a pilot program to encourage the use of shared appreciation mortgage modifications that are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure, and result in positive net present value for the investor. (c) Shared Appreciation Mortgage Modification.--For purpose of the pilot program, a shared appreciation mortgage modification shall-- (1) reduce the loan-to-value ratio of a covered mortgage to 95 percent within 3 years, by reducing the amount of principal under the covered mortgage by \1/3\ at the end of each year for 3 years; (2) reduce the interest rate for a covered mortgage, if a reduction of principal under paragraph (1) would not result in a reduced monthly payment that is affordable to the homeowner; (3) reduce the amount of any periodic payment required to be made by the homeowner, so that the amount payable by the homeowner is equal to the amount that would be payable by the homeowner if, on the date on which the shared appreciation mortgage modification takes effect-- (A) all reductions of the amount of principal under paragraph (1) had been made; and (B) any reduction in the interest rate under paragraph (2) for which the covered mortgage is eligible had been made; (4) require the homeowner to pay to the investor after refinancing or selling the real property securing a covered mortgage a percentage of the amount of any increase (not to exceed 50 percent of such increase) in the value of the real property during the period beginning on the date on which the homeowner was approved to participate in the pilot program and ending on the date of the refinancing or sale that is equal to the percentage by which the investor reduced the amount of principal under the covered mortgage under paragraph (1); and (5) result in a positive net present value for the investor after taking into account the principal reduction under paragraph (1) and, if necessary, any interest rate reduction under paragraph (2). (d) Determination of Value of Home.-- (1) In general.--For purposes of this section, the value of real property securing a covered mortgage shall be determined by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor. (2) Time for determination.--The value of real property securing a covered mortgage shall be determined on a date that is as close as practicable to the date on which a homeowner begins to participate in a pilot program. (3) Cost.-- (A) Responsibility for cost.-- (i) Initial cost.--The investor shall pay the cost of an appraisal under paragraph (1). (ii) Deduction from homeowner share.--At the option of the investor, the cost of an appraisal under paragraph (1) may be added to the amount paid by the homeowner to the investor under subsection (c)(4). (B) Reasonableness of cost.--The cost of an appraisal under paragraph (1) shall be reasonable, as determined by the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner. (4) Second appraisal.--At the time of refinancing or sale of real property securing a covered mortgage, the investor may request a second appraisal of the value of the real property, at the expense of the investor, by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, if the investor believes that the sale price or claimed value at the time of the refinancing is not an accurate reflection of the fair market value of the real property. (e) Eligibility for Reduction of Principal.--Each pilot program shall provide that a homeowner is not eligible for a reduction in the amount of principal under a covered mortgage under a shared appreciation mortgage modification if, after the homeowner begins participating in the pilot program, the homeowner-- (1) is delinquent on more than 3 payments under the shared appreciation mortgage modification during any of the 3 successive 1-year periods beginning on the date on which the shared appreciation mortgage modification is made; and (2) fails to be current with all payments described in paragraph (1) before the end of each 1-year period described in paragraph (1). (f) Notification.-- (1) In general.--Each pilot program shall require that the servicer of a covered mortgage transmit to each homeowner participating in the pilot program written notice, in clear and simple language, of how to maintain and submit any documentation of capital improvements that is necessary to ensure that the shares of any increase in the value of the real property securing the covered mortgage to which the investor and the homeowner are entitled are determined accurately. (2) Timing.--The pilot program shall require that a servicer provide the notice described in paragraph (1)-- (A) before the homeowner accepts a shared appreciation mortgage modification; and (B) before the homeowner sells or refinances the real property securing the covered mortgage. (g) Participation by Servicers.--The Director of the Federal Housing Finance Agency shall require each enterprise to require that any servicer of a covered mortgage in which the enterprise is an investor participate in the pilot program of the Federal Housing Finance Agency by offering shared appreciation mortgage modifications to a random and statistically significant sampling of homeowners with covered mortgages. (h) Studies and Reports.--The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner shall-- (1) conduct annual studies of the pilot program of the Federal Housing Finance Agency and the Federal Housing Administration, respectively; and (2) submit a report to Congress containing the results of each study at the end of each of the 3 successive 1-year periods beginning on the date on which the pilot program is established. (i) Termination.--On and after the date that is 2 years after the date of enactment of this Act, the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner may not enter into any agreement under the pilot program with respect to a shared appreciation mortgage modification.

Preserving American Homeownership Act of 2012 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage the use of shared appreciation mortgage modifications that: (1) are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure; and (2) result in positive net present value for the investor. Requires a shared appreciation mortgage modification to: (1) reduce by specified action the loan-to-value ratio of a covered mortgage to 95% within 3 years; (2) reduce the interest rate if such a principal reduction would not result in an affordable reduced monthly payment; (3) reduce to a specified amount any periodic payment the homeowner is required to make; (4) require the homeowner to pay the investor, after refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of any increase in the value of the real property during a specified period; and (5) result in a positive net present value for the investor after taking into account the principal reduction and, if necessary, any interest rate reduction.

A bill to establish pilot programs to encourage the use of shared appreciation mortgage modifications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elizabeth A. Connelly Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Honorable Elizabeth A. Connelly was elected to the New York State Assembly in 1973 as the first woman from Staten Island, New York, elected to public office. (2) Ms. Connelly retired in 2000 making her the longest serving female legislator in the history of New York State. (3) Through her work on the New York State Assembly Mental Health, Mental Retardation, Developmental Disabilities, Alcoholism, and Substance Abuse Committee, Elizabeth A. Connelly was a champion for individuals with intellectual and other developmental disabilities. (4) As an Assemblywoman, Ms. Connelly was instrumental in securing funds for mental health programs and in creating the New York State Commission on Quality of Care for the Mentally Disabled. (5) She worked together with parents, advocates, and government leaders to make New York State a leader in providing high-quality services and programs for individuals with intellectual and other developmental disabilities. (6) Ms. Connelly was known as the ``guardian angel of the mentally disabled'' in New York State. (7) Her personal commitment and leadership helped redefine how individuals with intellectual and other developmental disabilities are treated today throughout the United States. SEC. 3. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. (a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking ``with mental retardation or''. (b) Individuals With Disabilities Education Act.-- (1) Section 601(c)(12)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1400(c)(12)(C)) is amended by striking ``having mental retardation'' and inserting ``having intellectual disabilities''. (2) Section 602 of such Act (20 U.S.C. 1401) is amended-- (A) in paragraph (3)(A)(i), by striking ``with mental retardation'' and inserting ``with intellectual disabilities''; and (B) in paragraph (30)(C), by striking ``of mental retardation'' and inserting ``of intellectual disabilities''. (c) Elementary and Secondary Education Act of 1965.--Section 7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,'' and inserting ``mild intellectual disabilities,''. (d) Rehabilitation Act of 1973.-- (1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended by striking ``mental retardation,'' and inserting ``intellectual disability,''. (2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C. 764(b)(2)(C)(vi)) is amended by striking ``mental retardation and other developmental disabilities'' and inserting ``intellectual disabilities and other developmental disabilities''. (3) Section 501(a) of such Act (29 U.S.C. 791(a)) is amended, in the third sentence, by striking ``President's Committees on Employment of People With Disabilities and on Mental Retardation'' and inserting ``President's Committee on Employment of People with Disabilities and the President's Committee for People with Intellectual Disabilities''. (e) Health Research and Health Services Amendments of 1976.-- Section 1001 of the Health Research and Health Services Amendments of 1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963,''. (f) Public Health Service Act.-- (1) Section 317C(a)(4)(B)(i) of the Public Health Service Act (42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking ``mental retardation;'' and inserting ``intellectual disabilities;''. (2) Section 448 of such Act (42 U.S.C. 285g) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to read as follows: ``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. ``The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of intellectual disabilities.''. (4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is amended by striking ``matters relating to the mentally retarded'' and inserting ``matters relating to individuals with intellectual disabilities''. (5) Section 753(b)(2)(E) of such Act (42 U.S.C. 294c(b)(2)(E)) is amended by striking ``elderly mentally retarded individuals'' and inserting ``elderly individuals with intellectual disabilities''. (6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d- 52(f)(3)(E)) is amended by striking ``mental retardation/ developmental disorders,'' and inserting ``intellectual disabilities or developmental disorders,''. (g) Health Professions Education Partnerships Act of 1998.--Section 419(b)(1) of the Health Professions Education Partnerships Act of 1998 (42 U.S.C. 280f note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154 (42 U.S.C. 285g note) is amended by striking ``mental retardation'' and inserting ``intellectual disabilities''. (i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1 note) is amended by striking ``leading to mental retardation'' and inserting ``leading to intellectual disabilities''. (j) Genetic Information Nondiscrimination Act of 2008.--Section 2(2) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and inserting ``intellectual disabilities,''. (k) Developmental Disabilities Assistance and Bill of Rights Act of 2000.-- (1) Section 109(a)(4)(B)(i) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15009(a)(4)(B)(i)) is amended by striking ``the mentally retarded'' and inserting ``individuals with intellectual disabilities''. (2) Sections 124(c)(3)(C)(vii) and 143(a)(3)(A) of such Act (42 U.S.C. 15024(c)(3)(C)(vii), 15043(a)(3)(A)) are amended-- (A) by striking ``(a)(30)(C)'' each place it appears and inserting ``(a)(31)''; and (B) by striking ``Intermediate Care Facility (Mental Retardation)'' and inserting ``intermediate care facility described in that section''. (l) References.--For purposes of each provision amended by this section-- (1) a reference to an intellectual disability shall be considered to refer to mental retardation, as defined for that provision on the day before the date of enactment of this Act; and (2) a reference to individuals with intellectual disabilities shall be considered to refer to the mentally retarded, or individuals who are mentally retarded, as defined for that provision on that day. SEC. 4. REGULATIONS. For purposes of regulations issued to carry out a provision amended by this Act-- (1) before the regulations are amended to carry out this Act-- (A) a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and (B) a reference in the regulations to the mentally retarded, or individuals who are mentally retarded, shall be considered to be a reference to individuals with intellectual disabilities; and (2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-- (A) that an intellectual disability was formerly termed mental retardation; and (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities, under a provision amended by this Act, of individuals covered by the provision on the day before the date of enactment of this Act.

Elizabeth A. Connelly Act - Amends the Higher Education Act of 1965, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnership Act of 1968, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability.

To change references in Federal law to mental retardation to references to an intellectual disability, and change references to a mentally retarded individual to references to an individual with an intellectual disability.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Program for Arts and Technology Act of 2011''. SEC. 2. FINDING AND PURPOSES. (a) Finding.--Congress finds that the national program for arts and technology established under this Act will be the first national replication program in the United States dedicated to addressing the complex needs of the poor and undereducated by improving the sustainability of neighborhoods, communities, and regions. (b) Purposes.--It is the purpose of this Act to establish the national program for arts and technology to provide grants for qualifying centers and communities to implement or found a qualifying center which adopts the guidelines set forth by the Secretary of Education, in consultation with the Center of Origin, for the purposes of-- (1) creating an institution within an environment of poverty where individuals feel and foster a sense of belonging, and are valued and treated with dignity; (2) creating professional jobs for instructors, trainers, artists, administrators, and others; (3) collaborating with Federal agencies, private industry, nonprofit philanthropic organizations, and planning and economic development organizations to leverage other investment dollars on behalf of all stakeholders; (4) assisting business and industry to achieve long-term vitality by ensuring the development of a trained and knowledgeable workforce; (5) coordinating with existing social service entities and nonprofit organizations on developing diverse and equitable communities; (6) developing industry specific job training programs for the under and unemployed that are both affordable and accessible; (7) bridging the gap between education and lifelong learning for poor performing students through the discipline of craftsmanship in the visual arts; and (8) developing complimentary extended day or year programming in partnership with the local public schools to help engage at-risk students by connecting classroom instruction with applied and experiential programming in the arts. SEC. 3. DEFINITIONS. In this Act: (1) National program for arts and technology.--The term ``national program for arts and technology'' means a program that is based on the education and training model of Manchester Bidwell. (2) Center of origin.--The term ``Center of Origin'' means Manchester Bidwell, nonprofit corporation, the education and community development model upon which the national program for arts and technology is based. (3) Qualifying center.-- (A) In general.--The term ``qualifying center'' means a private, nonprofit educational entity that-- (i) is a successful model, based on the guidelines of the Center of Origin and under direction of the national program for arts and technology; and (ii) meets the requirements of subparagraph (B). (B) Requirements.--A qualifying center-- (i) operates under the guidelines and practices established by the national program for arts and technology and-- (I) provides education and training to underemployed or unemployed individuals in industry specific job skills; (II) is accessible to communities and neighborhoods that have limited access to transportation; (III) compliments the learning of targeted public middle school or high school students who are at-risk of dropping out of school; and (IV) is housed in a facility that has been reclaimed and renovated to sustainable building standards or newly constructed as a highly efficient green space; and (ii) has a valid affiliation agreement with the Center of Origin and complies with the following: (I) Meets quarterly performance goals, which may include-- (aa) students' school attendance and behavior; (bb) retention in programming; (cc) meeting and exceeding recruitment and enrollment metrics; (dd) student outcomes and performance in training; and (ee) job placement. (II) Adheres to essential operating conditions including environment, targeted populations, and educational model. (III) Participates in professional development opportunities for members of the board, executives and staff. (4) Interested communities.--The term ``interested community'' means a community that does the following: (A) Demonstrates to the Secretary financial support from one or more of the following: (i) Sectors of government. (ii) Education. (iii) Philanthropy. (iv) Social services. (v) Corporations. (vi) Arts organizations. (B) Convenes an advisory committee comprised of diverse community stakeholders who are committed to creating a qualifying center in their community. (C) Has identified potential funding that will be used to secure the Federal matching requirements described in section 4(c). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this Act, the Secretary shall establish and implement the national program for arts and technology to award grants, on a competitive basis, to qualifying centers (such as the Center of Origin) and interested communities to-- (1) provide financial support to the centers and communities to establish a new qualifying center to carry out the purposes described in section 2(b); and (2) provide management expertise to guide the centers and communities through the 3-phase replication protocol developed by the Center of Origin to ensure standardization across all qualifying centers as to performance goals and objectives, operating culture, and teaching models. (b) Limitation on Use of Funds.--Federal funds received under this Act may not be used for capital expenditures or endowment gifts. (c) Matching Funds Required.--To be eligible to receive a grant under this section, a qualifying center or interested community shall, for each fiscal year for which the grant is received, provide non- Federal contributions (which may include in-kind contributions) toward the amount of the grant in an amount equal to $1 for each $1 of Federal funds provided under the grant. (d) Application and Annual Report.-- (1) Application.-- (A) In general.--To be eligible to receive for a grant under this Act, a qualifying center or interested community shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Content.--An application submitted under subparagraph (A) shall, at a minimum, contain-- (i) a description of activities to be carried out under the grant; (ii) information on specific measurable goals and objectives to be achieved through activities carried out under the grant; (iii) evidence of an affiliation with a local community; and (iv) evidence of a teaching model consistent the Secretary's criteria prescribed pursuant to regulations and that of the Center of Origin. (2) Annual report.-- (A) In general.--Each qualifying center or interested community receiving a grant under this Act shall submit to the Secretary an annual report at such time, in such manner, and containing such information as the Secretary may require. (B) Content.--An annual report submitted under subparagraph (A) shall, at a minimum, describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under paragraph (1). (e) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000 to carry out this Act for fiscal year 2012 through fiscal year 2016.

National Program for Arts and Technology Act of 2011- Directs the Secretary of Education to establish and implement a national program for arts and technology that addresses the complex needs of the poor and undereducated by awarding competitive grants to qualifying centers (private, nonprofit educational entities) and interested communities to provide: (1) financial support to establish new qualifying centers; and (2) management expertise to guide such centers and communities. Prohibits federal funds received under this Act from being used for capital expenditures or endowment gifts. Requires a qualifying center or an interested community to match federal contributions.

To authorize the Secretary of Education to establish the national program for arts and technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Safe Container Transportation Act Amendments of 1996''. SEC. 2. REFERENCES TO TITLE 49. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. DEFINITIONS. Section 5901 is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following new paragraph: ``(6) `gross cargo weight' means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.''. SEC. 4. NOTIFICATIONS AND CERTIFICATIONS. Section 5902 is amended to read as follows: ``Sec. 5902. Notifications and certifications ``(a) Prior Notification.-- ``(1) In general.--If the first carrier to which any loaded container or trailer having a projected gross cargo weight of more than 29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a notification of the projected gross cargo weight and a reasonable description of the contents of the container or trailer before the tendering of the container or trailer. The notification may be transmitted electronically or by telephone. ``(2) Applicability.--This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier. ``(b) Certification.-- ``(1) In general.--A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds, to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. ``(2) Contents of certification.--The certification required by paragraph (1) shall include the following: ``(A) The actual gross cargo weight. ``(B) A reasonable description of the contents of the container or trailer. ``(C) The identity of the certifying party. ``(D) The container or trailer number. ``(E) The date of certification or transfer of data to another document, as provided for in paragraph (3). ``(3) Transfer of certification data.--A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. ``(4) Shipping documents.--For purposes of this chapter, a shipping document, prepared by the person tendering a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). ``(5) Use of `freight all kinds' term.--The term `Freight All Kinds' or `FAK' may not be used for the purpose of certification under this subsection after December 31, 2000, as a description required under paragraph (2)(B) for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of such term after December 31, 2000, for rating purposes. ``(6) Separate document marking.--If a separate document is used to meet the requirements of paragraph (1), it shall be conspicuously marked `INTERMODAL CERTIFICATION'. ``(7) Applicability.--This subsection applies to any person, domestic or foreign, who first tenders a container or trailer subject to this chapter for intermodal transportation within the United States. ``(c) Forwarding Certifications to Subsequent Carriers.-- ``(1) General rule.--A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator shall forward the certification provided under subsection (b) to a subsequent carrier transporting the container or trailer in intermodal transportation before or when the container or trailer is tendered to the subsequent carrier. ``(2) Presumption of no certification required.--If no certification is received by the subsequent carrier before or when the container or trailer is being tendered to it, the subsequent carrier may presume that no certification is required. ``(3) Limitation on construction of forwarding.--The act of forwarding the certification may not be construed as a verification or affirmation of the accuracy or completeness of the information in the certification. ``(4) Liability.-- ``(A) In general.--If a person inaccurately transfers the information on the certification or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest charge incurred as a result of the inaccurate transfer of information or failure to forward the certification. ``(B) Lien.--A subsequent carrier incurring a bond, fine, penalty, or cost (including storage), or interest charge as a result of the inaccurate transfer of the information or the failure to forward the certification shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest charge and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure. ``(5) Notice to leased operators.--If a motor carrier knows that the gross cargo weight of an intermodal container or trailer subject to the certification requirements of subsection (b) would result in a violation of applicable State gross vehicle weight laws-- ``(A) a motor carrier must inform the operator of a vehicle which is leased by the vehicle operator to a motor carrier which transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier pursuant to subsection (b); ``(B) the notice must be provided to the operator prior to the operator being tendered the container or trailer; ``(C) the notice required by this subsection must be in writing, but may be transmitted electronically; ``(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator; and ``(E) if the operator of a leased vehicle transporting a container or trailer subject to this chapter should receive a fine because of a violation of a State's gross vehicle weight laws or regulations and lessee motor carrier cannot establish that it tendered to the operator the notice required by this section, the operator shall be entitled to reimbursement from the motor carrier of the amount of any fine and court costs resulting from the failure of the motor carrier to tender the notice to the operator. ``(d) Liability to Owner or Beneficial Owner.--If-- ``(1) a person inaccurately transfers information on a certification required by subsection (b)(1) or fails to forward a certification to the subsequent carrier; ``(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest charge; and ``(3) a subsequent carrier exercises its rights to a lien under section 5905, then that person is liable to the owner or beneficial owner or to any other person paying the amount of the lien to the subsequent carrier for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with imposition of the lien. ``(e) Nonapplicability.-- ``(1) Consolidated shipments.--The notification and certification requirements of subsections (a) and (b) do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier-- ``(A) performs the highway portion of the intermodal movement; or ``(B) assumes the responsibility for any weight- related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation. ``(2) Intermodal transportation of loaded containers.-- ``(A) In general.--Subsections (a) and (b) and section 5903(c) do not apply to a carrier when the carrier is transferring a loaded container or trailer to another carrier during intermodal transportation, unless the carrier is also the person tendering the loaded container or trailer to the first carrier. ``(B) Special rule.--A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is deemed not to be a person tendering a loaded container or trailer to a first carrier under this section, unless the carrier, agent, broker, customs broker, freight forwarder, warehouser, or terminal operator assumes legal responsibility for loading property into the container or trailer.''. SEC. 5. PROHIBITIONS. (a) Providing Erroneous Information.--Section 5903(a) is amended by inserting ``, to whom section 5902(b) applies,'' after ``A person''. (b) Transporting Prior To Receiving Certification.--Section 5903(b) is amended to read as follows: ``(b) Transporting Prior To Receiving Certification.-- ``(1) Presumption.--If no certification is received by a motor carrier before or when a loaded intermodal container or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. ``(2) Copy of certification not required to accompany container or trailer.--Notwithstanding any other provision of this chapter, if a certification is required by section 5902(b), a copy of the certification is not required to accompany the intermodal container or trailer.''. (c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking ``10,000 pounds (including packing materials and pallets)'' and inserting ``29,000 pounds''. SEC. 6. LIENS. (a) General Rule.--Section 5905(a) is amended to read as follows: ``(a) General Rule.--If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required, because of a violation of a State's gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest charge resulting from-- ``(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a), ``(2) the failure of the party required to provide the certification to the first carrier to provide it, ``(3) the failure of a person required under section 5902(c) to forward the certification to forward it, or ``(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or 5902(c), then the person posting the bond, or paying any fine, penalty, cost (including storage), or interest charge has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest charge incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents or from the person responsible for making or forwarding the certification or transferring the information from the certification to another document.''. (b) Limitations.--Section 5905(b)(1) is amended-- (1) by inserting after ``the first carrier'' the following: ``or the owner or beneficial owner of the contents''; and (2) by striking ``cost, or interest.'' and inserting ``cost (including storage), or interest charge. The lien shall remain in effect until the lien holder has received payment for all costs and expenses as described in subsection (a).''. SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES. Section 5906 is amended by striking ``Sections 5904(a)(2) and 5905 of this title do'' and insert ``Section 5905 does''. SEC. 8. EFFECTIVE DATE. Section 5907 is amended to read as follows: ``Sec. 5907. Effective date ``This chapter, as amended by the Intermodal Safe Container Transportation Act Amendments of 1996, is effective on the date of the enactment of such Act. The provisions of this chapter shall be implemented 180 days after such date of enactment.''. SEC. 9. RELATIONSHIP TO OTHER LAWS. (a) In General.--Chapter 59 is amended by adding at the end the following new section: ``Sec. 5908. Relationship to other laws ``Nothing in this chapter affects-- ``(1) chapter 51 (relating to transportation of hazardous material) or the regulations issued under that chapter; or ``(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.''. (b) Conforming Amendment.--The analysis for such chapter is amended by striking the item relating to section 5907 and inserting the following: ``5907. Effective date. ``5908. Relationship to other laws.''. Passed the House of Representatives September 18, 1996. Attest: ROBIN H. CARLE, Clerk.

Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws. Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided. Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

Intermodal Safe Container Transportation Act Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Energy and Jobs Act of 2015''. SEC. 2. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS. Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by adding at the end the following: ``(5)(A) In this paragraph, the term `available unleased acreage' means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law in the Gulf of Mexico. ``(B) In each oil and gas leasing program under this section, the Secretary shall make available for leasing, and conduct lease sales including, at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area in the Gulf of Mexico considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based on the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area. ``(6)(A) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area in the Gulf of Mexico that the Governor of the State that represents that subdivision requests be made available for leasing. ``(B) The Secretary may not remove a subdivision described in subparagraph (A) from the program until publication of the final program. ``(7)(A) The Secretary shall make available for leasing under each 5-year oil and gas leasing program under this section any outer Continental Shelf planning area in the Gulf of Mexico that-- ``(i) is estimated to contain more than 2,500,000,000 barrels of oil; or ``(ii) is estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. ``(B) To determine which planning areas meet the criteria described in subparagraph (A), the Secretary shall use the document entitled `Bureau of Ocean Energy Management Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2011'.''. SEC. 3. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF THE GULF OF MEXICO. (a) Definition of Military Mission Line.--Section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking paragraph (8) and inserting the following: ``(8) Military mission line.--The term `Military Mission Line' means the western border of the Eastern Planning Area extending from the State of Florida waters to the point that is 50 miles south in the Gulf of Mexico.''. (b) Moratorium.--Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in paragraph (2), by striking ``125'' and inserting ``50''; and (2) by striking paragraph (3) and inserting the following: ``(3) any area in the Central Planning Area that is within-- ``(A) the 181 Area; or ``(B) 50 miles off the coastline of the State of Florida.''. SEC. 4. REQUIREMENT TO IMPLEMENT PROPOSED 2017-2022 OIL AND GAS LEASING PROGRAM. (a) In General.--Except as otherwise provided in this Act and the amendments made by this Act, the Secretary of the Interior shall implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022) in accordance with the schedule for conducting oil and gas lease sales set forth in that proposed program, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and other applicable law. (b) Modified and Additional Lease Sales.--Notwithstanding subsection (a) and the schedule of lease sales in the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022), the Secretary shall conduct under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) certain oil and gas lease sales in OCS Planning Areas in accordance with the schedule set forth in following table: ------------------------------------------------------------------------ Lease Sale No. OCS Planning Area Year ------------------------------------------------------------------------ 300.............................. Eastern Gulf of Mexico 2018 301.............................. Eastern Gulf of Mexico 2019 302.............................. Eastern Gulf of Mexico 2020. ------------------------------------------------------------------------ (c) Lease Sales Described.--For purposes of subsection (b), lease sale numbers 300, 301, and 302 shall be conducted-- (1) for lease tracts in the Eastern Planning Area, as determined by and at the discretion of the Secretary, subject to subparagraph (3); (2) during the year specified for each such lease sale in the table contained in subsection (b); and (3) in accordance with the applicable provisions of this Act. SEC. 5. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO GULF PRODUCING STATES. (a) Definitions.--Section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) by striking paragraph (7) and inserting the following: ``(7) Gulf producing state.--The term `Gulf producing State' means-- ``(A) each of the States of Alabama, Louisiana, Mississippi, and Texas; and ``(B) effective beginning in fiscal year 2017, the State of Florida.''; and (2) in paragraph (9)(A)-- (A) in clause (i)(II), by striking ``and'' at the end; and (B) by striking clause (ii) and inserting the following: ``(ii) with respect to the Gulf producing States described in paragraph (7)(A), in the case of fiscal year 2017 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2016, from leases entered into on or after December 20, 2006; and ``(iii) with respect to the State of Florida, all eligible rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into in the Eastern Planning Area on or after October 1, 2016.''. (b) Disposition of Revenues.--Section 105(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking paragraph (2) and inserting the following: ``(2) in the case of qualified outer Continental Shelf revenues generated from outer Continental Shelf areas adjacent to Gulf producing States, 50 percent in a special account in the Treasury from which the Secretary shall disburse-- ``(A) 75 percent to Gulf producing States in accordance with subsection (b); and ``(B) 25 percent to provide financial assistance to States in accordance with section 200305 of title 54, United States Code, which shall be considered income to the Land and Water Conservation Fund for purposes of section 200302 of that title.''. (c) Limitation on Amount of Distributed Qualified Outer Continental Shelf Revenues.--Section 105(f) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues described in section 102(9)(A)(ii) that are made available under subsection (a)(2)(A) shall not exceed-- ``(A) for fiscal year 2017, $500,000,000; ``(B) for each of fiscal years 2018 through 2025, $699,000,000; and ``(C) for each of fiscal years 2026 through 2055, $999,000,000.''. SEC. 6. NATIONAL DEFENSE. (a) National Defense Areas.--Nothing in this Act or an amendment made by this Act affects the authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). (b) Prohibition on Conflicts With Military Operations.--No person may engage in any exploration, development, or production of oil or natural gas on the outer Continental Shelf under a lease issued under this Act that would conflict with any military operation, as determined in accordance with-- (1) the agreement entitled ``Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf'' signed July 20, 1983; and (2) any revision or replacement of that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which the exploration, development, or production is conducted. SEC. 7. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT. (a) In General.--For purposes of this Act and in order to conduct lease sales in accordance with the lease sale schedule established by this Act, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for all lease sales required under this Act that are not included in the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022). (b) Actions To Be Considered.--Notwithstanding section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), with respect to the statement described in subsection (a), the Secretary of the Interior-- (1) shall not be required-- (A) to identify nonleasing alternative courses of action; or (B) to analyze the environmental effects of any alternative courses of action; and (2) shall only be required-- (A) to identify-- (i) a preferred action for leasing; and (ii) not more than 1 alternative leasing proposal; and (B) to analyze the environmental effects and potential mitigation measures for the preferred action and alternative leasing proposal identified under subparagraph (A). SEC. 8. COASTAL STATE AUTHORIZATION. Prior to publishing the programmatic environmental impact statement relating to any Proposed Final Outer Continental Shelf Oil and Gas Leasing Program, a Gulf producing State (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)), shall have the option to enter into the offshore oil and gas leasing and development program described in that Proposed Final Outer Continental Shelf Oil and Gas Leasing Program if-- (1) the legislature of that Gulf producing State enacts a law approving entering into the program; and (2) that resolution is signed by the Governor of the Gulf producing State. SEC. 9. AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES. Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is amended in the first sentence by inserting ``Florida,'' after ``Mississippi,''. SEC. 10. OFFSHORE CERTAINTY. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the National Marine Fisheries Service. (2) Harassment.--The term ``harassment'' has the meaning given the term in section 3 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362). (3) Request for incidental harassment authorization.--The term ``request for incidental harassment authorization'' means a request submitted to the Director by an individual or entity subject to this Act (or an amendment made by this Act) to conduct an activity in accordance with this Act (or an amendment made by this Act), regardless of whether the activity may result in incidental harassment of a marine mammal or marine mammal stock in the wild. (b) Requests for Incidental Harassment Authorization.--The Director shall-- (1) accept as complete a written request for incidental harassment authorization by not later than 45 days after the date of submission of the request for incidental harassment authorization; or (2) provide to the requester, by not later than 15 days after the date of submission of the request for incidental harassment authorization, a written notice of any additional information required to complete the request for incidental harassment authorization. (c) Action on Submission of Additional Information.--The Director shall-- (1) accept as complete a request for incidental harassment authorization by not later than 30 days after the date of submission of any additional information required under subsection (b)(2); or (2) return the request for incidental harassment authorization to the requester, together with a written explanation of the reasons for denial of the request for incidental harassment authorization. (d) Failure To Respond.--If the Director fails to respond to a request for incidental harassment authorization in accordance with an applicable deadline under subsection (b) or (c), the request for incidental harassment authorization shall be considered to be complete. (e) Treatment of Complete Requests for Incidental Harassment Authorization.--The Director shall proceed with a request for incidental harassment authorization that is accepted as, or considered to be, complete under subsection (b)(1), (c)(1), or (d) in accordance with section 101(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)). SEC. 11. CONTINUOUS OPERATIONS RULE. The Secretary of the Interior shall amend the regulation issued under section 250.180 of title 30, Code of Federal Regulations, so that any requirement in that regulation for continuous operation is for a period of 270 days instead of 180 days. SEC. 12. EXPEDITED JUDICIAL REVIEW. (a) Definition of Covered Energy Development.--In this section, the term ``covered energy development'' means any action or decision by a Federal official regarding-- (1) the leasing of offshore Federal land (including submerged land) in the outer Continental Shelf for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, including actions and decisions regarding the selection or offering of offshore Federal land in the outer Continental Shelf for such leasing; or (2) any action under a lease described in paragraph (1), except that this section shall not apply to a dispute between the parties to a lease entered into under a provision of law authorizing the lease regarding obligations under the lease or the alleged breach of the lease. (b) Exclusive Jurisdiction Over Causes and Claims Relating to Covered Energy Development.--Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction to hear all causes and claims under this section or any other Federal law that arise from any covered energy development, except for any cause or claim arising under the jurisdiction of the United States Court of Appeals for the Fifth Circuit, and brought in a United States court within that circuit. (c) Time for Filing Complaint.-- (1) In general.--Each case or claim described in subsection (b) shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official on the covered energy development concerned. (2) Prohibition.--Any cause or claim described in subsection (b) that is not filed within the time period described in paragraph (1) shall be barred. (d) District Court for District of Columbia Deadline.-- (1) In general.--Each proceeding that is subject to subsection (b) shall-- (A) be resolved as expeditiously as practicable and in any event by not later than 180 days after the date the cause or claim is filed; and (B) take precedence over all other pending matters before the District Court for the District of Columbia. (2) Failure to comply with deadline.--If an interlocutory or final judgment, decree, or order has not been issued by the District Court for the District of Columbia by the deadline described in paragraph (1), the cause or claim shall be dismissed with prejudice and all rights relating to the cause or claim shall be terminated. (e) Ability To Seek Appellate Review.--An interlocutory or final judgment, decree, or order of the District Court for the District of Columbia under this section may be reviewed by no other court except the Supreme Court. SEC. 13. GAO REPORT ON CUMULATIVE COST OF REGULATION FOR OFFSHORE ENERGY PRODUCTION. The Comptroller General of the United States shall-- (1) conduct more accurate estimates of the cost of complying with major Federal rules relating to offshore energy development and production activities on the outer Continental Shelf; and (2) submit to the appropriate committees of Congress a report describing the results of the estimates calculated under paragraph (1).

Offshore Energy and Jobs Act of 2015 This bill amends the Outer Continental Shelf Lands Act to direct the Department of the Interior to make available for leasing, and conduct lease sales including, at least 50% of the available unleased acreage within each outer Continental Shelf (OCS) planning area in the Gulf of Mexico considered to have the largest undiscovered, technically recoverable oil and gas resources. Each proposed oil and gas leasing program must include any state subdivision of an OCS planning area in the Gulf of Mexico requested by the governor of the state that represents that subdivision. The Department must also make available for leasing under each five-year oil and gas leasing program any OCS planning area in the Gulf of Mexico estimated to contain more than 2.5 billion barrels of oil or 7.5 trillion cubic feet of natural gas. The bill also amends the Gulf of Mexico Energy Security Act of 2006 to: redefine "Military Mission Line" as the western border of the Eastern Planning Area extending from Florida waters to the point that is 50 miles south in the Gulf of Mexico, and reduce the area subject to a moratorium on oil and gas leasing activities in the Central Planning Area off the coastline of Florida. Interior shall implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022) in accordance with a specified schedule. Interior must conduct lease sales in the Eastern Gulf of Mexico in accordance with a prescribed schedule for 2018, 2019, and 2020. 50% of qualified OCS revenues generated from OCS areas adjacent to Gulf producing states must be deposited into a special account in the Treasury, of which 75% shall be disbursed to Gulf producing states, and 25% for financial assistance to states for land and water conservation. The bill increases, for FY2018-FY2055, the amount of qualified OCS revenues available for distribution to Gulf producing states. Oil or natural gas exploration, development, or production on the OCS under a federal lease that would conflict with a military operation is hereby prohibited. Interior must prepare a multisale environmental impact statement for all lease sales that are not included in the Proposed Final Outer Continental Shelf Oil & Gas Leasing Program (2017-2022). A Gulf producing state may enter into the offshore oil and gas leasing and development program described in that Program before publishing its programmatic environmental impact statement. Interior must consult with the Environmental Protection Agency to assure coordination of air pollution control regulation for OCS emissions in adjacent onshore areas of Mississippi. The National Marine Fisheries Service shall, by certain deadlines, act upon or deny a written request for incidental harassment authorization to conduct an activity under this Act regardless of whether it may result in incidental harassment of a marine mammal or marine mammal stock in the wild. Interior must amend regulations to extend from 180 to 270 the number of remaining days of continuous operation of production under an oil, gas, or sulphur lease during which specified actions must be taken to renew the lease. The bill prescribes guidelines for expedited judicial review of certain energy actions or decisions by a federal official regarding the leasing of offshore federal land in the OCS. The Government Accountability Office shall report to Congress on the estimated costs of complying with major federal rules relating to offshore energy development and production activities on the OCS.

Offshore Energy and Jobs Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Preparedness and Response for Individuals With Disabilities Act of 2005''. TITLE I--EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH DISABILITIES SEC. 101. DEFINITION. Section 506 of the Homeland Security Act of 2002 (6 U.S.C. 316) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the margin as appropriate; and (2) by striking ``, the term'' and inserting the following: ``-- ``(1) the term `individual with a disability' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); and ``(2) the term''. SEC. 102. DISABILITY COORDINATOR. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 512. DISABILITY COORDINATOR. ``(a) In General.--After consultation with organizations representing individuals with disabilities and the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities established under Executive Order 13347 (6 U.S.C. 312 note), the Secretary shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Secretary, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. ``(b) Responsibilities.--The Disability Coordinator shall be responsible for-- ``(1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; ``(2) interacting directly with Department staff, the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities established under Executive Order No. 13347 (6 U.S.C. 312 note), other agencies of the Federal Government, and State and local government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; ``(3) consulting with organizations that represent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster; ``(4) coordinating and disseminating best practices and model evacuation plans for individuals with disabilities; ``(5) developing a curriculum for first responder training on the needs of individuals with disabilities, including the needs of individuals with physical disabilities and the needs of individuals with psychiatric disabilities; ``(6) developing training materials for State and local governmental officials, first responders, and others about the importance of allowing individuals with disabilities to retain their durable medical equipment, wheelchairs, service animals, and other assistive devices, to the maximum extent possible, in the aftermath of a major disaster; ``(7) working with the Director of the Centers for Medicare and Medicaid Services, durable medical equipment regional carriers, manufacturers and suppliers of durable medical equipment, and medical professionals to draft an emergency response plan for the temporary loan or replacement of durable medical equipment in the event of a major disaster; ``(8) ensuring the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; ``(9) working with the Chairman of the Federal Communications Commission to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; ``(10) coordinating the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; ``(11) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post-evacuation residency and relocation are respected; ``(12) ensuring that meeting the needs of individuals with disabilities are included in any Federal emergency response plans; and ``(13) any other duties relevant to emergency preparedness an response for individuals with disabilities.''. (b) Technical and Conforming Amendments.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) by redesignating the second section designated as section 510 as section 511; and (2) in the table of contents, by inserting after the item relating to section 509 the following: ``Sec. 510. Procurement of security countermeasures for Strategic National Stockpile. ``Sec. 511. Urban and other high risk area communications capabilities. ``Sec. 512. Disability Coordinator.''. SEC. 103. TEMPORARY HOUSING. Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(1)(B)) is amended by-- (1) redesignating clauses (ii) and (iii) as clauses (iii) and (iv) respectively; and (2) inserting after clause (i) the following: ``(ii) Accessible temporary housing.--In the event temporary housing units, including trailers, are provided under clause (i), not less than 30 percent of such temporary housing shall be physically accessible to and usable by individuals with disabilities, and the accessible units shall be integrated with other available housing units.''. SEC. 104. RIGHT OF INDIVIDUALS WITH DISABILITIES TO LIVE INDEPENDENTLY. Section 308 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151) is amended by adding at the end the following: ``(c) Individuals With Disabilities.--Personnel carrying out Federal assistance functions under subsection (a) and governmental bodies and other organizations providing assistance under subsection (b) shall exert maximum effort to ensure that individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who were living independently before evacuating their homes are offered housing alternatives with comparable independence.''. SEC. 105. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS. (a) In General.--The Comptroller General of the United States shall conduct a national study regarding whether, and, if so, to what extent, emergency shelters for use in response to a major disaster, as that term is defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) are accessible to, and usable by, individuals with disabilities. (b) Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report summarizing the results of this study to the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Homeland Security and the Committee on Education and the Workforce of the House of Representatives. TITLE II--INCREASING ACCESSIBILITY OF REPLACEMENT HOUSING SEC. 201. AMOUNT OF ASSISTANCE AVAILABLE. (a) In General.--Section 408(c)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(3)) is amended by adding at the end the following: ``(D) Additional assistance for enhanced accessibility.--The maximum amount of assistance provided to a household under this paragraph may be increased by $5,000 if the owner of the residence involved agrees to comply with the increased accessibility standards described in paragraph (5).''. (b) Maximum Amounts.--Section 408(h)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(h)(1)) is amended by striking ``$25,000'' and inserting ``$30,000''. (c) Small Businesses.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following: ``(4) Accessibility of replacement housing.-- Notwithstanding any other provision of law, the Administrator may increase the maximum amount of a loan under this subsection by not more than 10 percent if-- ``(A) the loan is for replacement of a private residence; and ``(B) the owner agrees to comply with the increased accessibility standards described in paragraph (5) of section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)).''. (d) Clerical Amendments.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended in the undesignated matter at the end-- (1) in the sentence beginning ``In the Administration of the disaster loan program'', by striking ``, (2), and (4)'' and inserting ``and (2)''; and (2) in the sentence beginning ``A State grant made on or prior to July 1, 1979'', by striking ``, (2), or (4)'' and inserting ``or (2)''. SEC. 202. ACCESSIBILITY STANDARDS. Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: ``(5) Increased accessibility standards for replacement housing.-- ``(A) In general.--The increased accessibility standards described in this paragraph include features that allow a residence to be accessible to, and usable by, an individual with a disability (including a person who uses a wheelchair). ``(B) Minimum requirements.--The accessible features described in this paragraph include, at a minimum-- ``(i) an accessible pathway from outside of the residence to an accessible entrance; ``(ii) an accessible entrance; ``(iii) an accessible pathway that connects the accessible entrance to the accessible features within the residence; ``(iv) accessible interior doors; ``(v) accessible environmental controls; ``(vi) an accessible sleeping area; ``(vii) an accessible bathing area; ``(viii) an accessible bathroom that includes an accessible toileting area; ``(ix) an accessible kitchen; and ``(x) accessible living space. ``(C) Location.--The interior accessible features described in subparagraph (B) shall either be located on 1 level of the residence or connected to each other in a manner that allows their independent use by an individual with a disability (including a person who uses a wheelchair). ``(D) Standards.-- ``(i) In general.--Not later than 12 months after the date of enactment of this paragraph, the Architectural and Transportation Barriers Compliance Board shall issue and publish standards setting forth the minimum technical criteria necessary to implement the requirements set forth in this paragraph. The Architectural and Transportation Barriers Compliance Board shall periodically review and, as appropriate, amend the standards. ``(ii) Interim standards.--If a State or locality has an ordinance, statute, or regulation that provides for increased housing accessibility standards comparable to those in subparagraph (B), residents of that State or locality who agree to meet the standards shall be eligible for the increased funds available under paragraph (3)(D) of this subsection and paragraph (4) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), until such time as the Architectural and Transportation Barriers Compliance Board issues and publishes its standards under clause (i). ``(6) Enforcement of accessibility standards.-- ``(A) Requirement for additional assistance for enhanced accessibility.--Each applicant for additional assistance for enhanced accessibility under paragraph (3)(D) of this subsection or section 7(b)(4) of the Small Business Act shall submit an assurance to the Federal Emergency Management Agency that the residence described in paragraph (3)(D) of this subsection or section 7(b)(4) of the Small Business Act, as the case may be (referred to in this paragraph as `replacement housing'), shall be constructed in compliance with the increased accessibility standards described in paragraph (5). ``(B) Approval of architectural and construction plans.-- ``(i) Submission.--Each applicant for additional assistance for enhanced accessibility under paragraph (3)(D) of this subsection or section 7(b)(4) of the Small Business Act shall submit architectural and construction plans for the proposed replacement housing to the appropriate State or local agency. ``(ii) Federal housing assistance.--The Secretary of Homeland Security and the Director of the Federal Emergency Management Agency shall not provide any financial assistance under this Act to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency is, in the determination of such Secretary or Director, taking the enforcement actions described in clause (iii). ``(iii) Enforcement actions.--The enforcement actions described in this clause are-- ``(I) reviewing any plans for proposed replacement housing submitted under clause (i) and approving or disapproving such plans based upon compliance of the replacement housing with the requirements of paragraph (5); and ``(II) consistent with applicable State or local laws and procedures, withholding final approval for construction or occupancy of the replacement housing unless and until such compliance is achieved. ``(iv) Enforcement by attorney general.-- Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this paragraph or paragraph (5), the Attorney General may commence a civil action in any appropriate United States district court. ``(v) Relief.--In any civil action brought under clause (iv), if the court finds that a violation of this paragraph or paragraph (5) has occurred or is about to occur, the court may grant any equitable relief that the court considers to be appropriate, including temporary, preliminary, or permanent relief. ``(7) Definitions.--In this subsection: ``(A) Appropriate state or local agency.--The term `appropriate State or local agency' means the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements. ``(B) Individual with a disability.--The term `individual with a disability' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).''.

Emergency Preparedness and Response for Individuals with Disabilities Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to appoint a Disability Coordinator to ensure that the needs of individuals with disabilities are properly addressed in emergency preparedness and disaster relief efforts in the event of a major disaster. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to: (1) temporary housing for use by individuals with disabilities; and (2) the right of individuals with disabilities to live independently. Provides for increased accessibility for such individuals of replacement housing built with federal funds following major disasters.

A bill to address the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a major disaster, to increase the accessibility of replacement housing built with Federal funds following Hurricane Katrina and other major disasters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Augmentation for Increased Retail in Yogurt products (DAIRY) Act''. SEC. 2. ESTABLISHMENT OF DAIRY FARM SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DAIRY FARM SAVINGS ACCOUNTS. ``(a) Deduction Allowed.--In the case of a qualified dairy farmer, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a dairy farm savings account of such individual. ``(b) Account Balance Limitation.--A deduction shall not be allowed under subsection (a) with respect to any portion of a contribution to a dairy farm savings account of an individual if such contribution would result in the sum of the balances in all such accounts of such individual to exceed 150 percent of the individual's 3-year average of income derived from dairy farming. ``(c) Qualified Dairy Farmer.--For purposes of this section, the term `qualified dairy farmer' means, with respect to any taxable year, any individual who, during such year was engaged in the trade or business of dairy farming. ``(d) Dairy Farm Savings Account.--For purposes of this section-- ``(1) In general.--The term `dairy farm savings account' means a trust created or organized in the United States as a dairy farm savings account exclusively for the purpose of making qualified distributions, but only if the written governing instrument creating the trust meets the following requirements: ``(A) Except in the case of a rollover contribution described in subsection (f)(4), no contribution will be accepted unless it is in cash. ``(B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in anything other than-- ``(i) cash, ``(ii) securities issued by the United States Treasury, or ``(iii) or such other low-risk, interest- bearing securities as are approved by the Secretary. ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(E) The interest of an individual in the balance in his account is nonforfeitable. ``(2) Qualified distribution.--The term `qualified distribution' means any amount paid from a dairy farm savings account to the account beneficiary to the extent that such amount when added to all other amounts paid from such accounts to such beneficiary during the taxable year (other than rollover contributions) does not exceed the excess (if any) of-- ``(A) 100 percent of such beneficiary's 3-year average of income derived from dairy farming, over ``(B) such beneficiary's gross income derived from dairy farming for the taxable year. ``(3) 3-year average of income derived from dairy farming.--The term `3-year average of income derived from dairy farming' means, with respect to any individual-- ``(A) the sum of the individual's gross income derived from dairy farming for the taxable year and the 2 preceding taxable years, divided by ``(B) the number of taxable years taken into account under subparagraph (A) during which such individual was engaged in the trade or business of dairy farming. ``(4) Account beneficiary.--The term `account beneficiary' means the individual on whose behalf the dairy farm savings account was established. ``(5) Special rules; other rules.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 408(g) (relating to community property laws). ``(D) Section 408(h) (relating to custodial accounts). ``(e) Tax Treatment of Accounts.-- ``(1) In general.--A dairy farm savings account is exempt from taxation under this subtitle unless such account has ceased to be a dairy farm savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Termination of accounts.--If the account beneficiary ceases to engage in the trade or business of dairy farming-- ``(A) all dairy farm savings accounts of such individual shall cease to be such accounts, and ``(B) the balance of all such accounts shall be treated as-- ``(i) distributed to such individual, and ``(ii) not paid in a qualified distribution. ``(3) Prohibited transactions; pledging account as security.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to dairy farm savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified distributions. ``(f) Tax Treatment of Distributions.-- ``(1) In general.--Any amount paid or distributed out of a dairy farm savings account (other than a rollover contribution described in paragraph (4)) shall be included in gross income of the account beneficiary in the manner provided under section 72. Rules similar to the rules of paragraphs (2) and (3)(H) of section 408(d) shall apply for purposes of this paragraph. ``(2) Additional tax on non-qualified distributions.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a dairy farm savings account of such beneficiary which is not a qualified distribution shall be increased by 15 percent of the amount of such payment or distribution which is not a qualified distribution. ``(B) Exception for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to a dairy farm savings account of an individual, paragraph (2) shall not apply to distributions from the dairy farm 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. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution) which is not deductible under this section. ``(4) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--For purposes of this section, any amount paid or distributed from a dairy farm savings account to the account beneficiary shall be treated as a qualified distribution to the extent the amount received is paid into a dairy farm 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. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a dairy farm savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a dairy farm savings account which was not included in the individual's gross income because of the application of this paragraph. ``(5) Transfer of account incident to divorce.--The transfer of an individual's interest in a dairy farm 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 dairy farm 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 dairy farm savings account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such dairy farm savings 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 dairy farm savings account in a case to which subparagraph (A) does not apply-- ``(I) such account shall cease to be a dairy farm 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 included 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) 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. ``(g) Reports.--The Secretary may require the trustee of a dairy farm savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Dairy farm savings accounts.--The deduction allowed by section 224.''. (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) by striking ``or'' at the end of subsection (a)(4), by inserting ``or'' at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: ``(6) a dairy farm savings account (within the meaning of section 224(d)),''; and (2) by adding at the end the following new subsection: ``(h) Excess Contributions to Dairy Farm Savings Accounts.--For purposes of this section, in the case of dairy farm savings accounts (within the meaning of section 224(d)), the term `excess contribution' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions described in section 224(f)(4)) which is not allowable as a deduction under section 224 for such year, 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 with respect to which additional tax was imposed under section 224(f)(2), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over ``(ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the dairy farm savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.-- (1) Section 4975(c) of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: ``(7) Special rule for dairy farm savings accounts.--An individual for whose benefit a dairy farm savings account (within the meaning of section 224(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a dairy farm savings account by reason of the application of section 224(e)(2) to such account.''. (2) Section 4975(e)(1) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) a dairy farm savings account described in section 224(d),''. (e) Failure To Provide Reports on Dairy Farm Savings Accounts.-- Section 6693(a)(2) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) section 224(g) (relating to dairy farm savings accounts),''. (f) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as relating to section 225 and by inserting after the item relating to section 223 the following: ``Sec. 224. Dairy farm savings accounts.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Dairy Augmentation for Increased Retail in Yogurt products (DAIRY) Act - Amends the Internal Revenue Code to: (1) establish tax-exempt dairy farm savings accounts to allow taxpayers engaged in the trade or business of dairy farming to use distributions from such accounts to pay business expenses; (2) allow a deduction from gross income for cash contributions to such accounts; and (3) set forth tax rules relating to, and penalties for, account distributions, excess contributions, and prohibited transactions.

Dairy Augmentation for Increased Retail in Yogurt products (DAIRY) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Income Housing Tax Credit Act of 2009''. SEC. 2. ALLOWING LOW INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF FEDERAL INCOME TAX LIABILITY. (a) In General.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Allowing low income housing credit to offset 100 percent of federal income tax liability.-- ``(A) In general.--In the case of applicable low income housing credits-- ``(i) this section shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be the net income tax (as defined in paragraph (1)) reduced by the credit allowed under subsection (a) for the taxable year (other than the applicable low income housing credits), and ``(iii) the excess credit for such taxable year shall, solely for purposes of determining the amount of such excess credit which may be carried back to a preceding taxable year, be increased by the amount of business credit carryforwards which are carried to such taxable year, to which this subparagraph applies, and which are not allowed for such taxable year by reason of the limitation under paragraph (1) (as modified by clause (ii)). ``(B) Increase in limitation for taxable years to which excess applicable low income housing credits are carried back.-- ``(i) In general.--Solely for purposes of determining the portion of any excess credit described in subparagraph (A)(iii) for which credit will be allowed under subsection (a)(3) for any preceding taxable year, the limitation under paragraph (1) for such preceding taxable year shall be determined under rules similar to the rules described in subparagraph (A). ``(ii) Ordering rule.--If the excess credit described in subparagraph (A)(iii) includes business credit carryforwards from preceding taxable years, such excess credit shall be treated as allowed for any preceding taxable year on a first-in first-out basis. ``(C) Applicable low income housing credits.--For purposes of this subpart, the term `applicable low income housing credits' means the credit determined under section 42-- ``(i) to the extent attributable to buildings placed in service after the date of the enactment of this subparagraph, and ``(ii) in the case of any other buildings, for taxable years beginning in 2008, 2009, and 2010 (and to business credit carryforwards with respect to such buildings carried to such taxable years) to the extent provided in subparagraph (D). ``(D) Previously placed in service buildings.-- ``(i) In general.--Subparagraph (C)(ii) shall apply to such credits for such a taxable year only-- ``(I) if the taxpayer and the housing credit agency have entered into an agreement, not later than the applicable date, with respect to an investment in a future project (which is binding on such agency, the taxpayer, and all successors in interest) which specifies the dollar amount of such investment and the housing credit dollar amount to be allocated to such project, and ``(II) to the extent such credits do not exceed the dollar amount of such proposed investment. ``(ii) Applicable date.--For purposes of this subparagraph, the applicable date is-- ``(I) in the case of taxable years beginning in 2008 and 2009, September 15, 2010, or ``(II) in the case of a taxable year beginning in 2010, the due date (including extensions of time) for filing the taxpayer's return for such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years. SEC. 3. FIVE-YEAR CARRYBACK OF LOW INCOME HOUSING CREDIT. (a) In General.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 5-year carryback of low income housing credit.-- ``(A) In general.--In the case of an applicable low income housing credit-- ``(i) this section shall be applied separately from the business credit (other than the low income housing credit), and ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years.

Low Income Housing Tax Credit Act of 2009 - Amends the Internal Revenue Code, with respect to the low income housing tax credit, to increase the offset of such credit against regular income tax liability and permit a five-year carryback of credit amounts.

To amend the Internal Revenue Code of 1986 to allow the low income housing credit to be carried back 5 years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Confidence in Our Democracy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Free and open elections are a founding principle of our republican form of government. (2) It is incumbent upon Congress to ensure that elections in the United States are free of corruption and the appearance of corruption. (3) The free flow of money in politics, as exemplified by the current state of affairs, is corrupting and will distort and disfigure our democracy. (4) Excessively high levels of spending on elections is fundamentally damaging to the public perception of our government, and threatens the fairness and integrity of our democracy. (5) Congress has a constitutional duty to guarantee a republican form of government for the States. (6) Spending record sums of money on our elections threatens the continued existence of our republican form of government. (7) Allowing unlimited spending on elections means the wealthy can crowd out other important voices in our political debates, thereby giving American citizens fewer sources of information. (8) Congress has the inherent power to ensure elections for the government are conducted in a fair, honorable, and proper way to preserve our democracy and ensure the people have confidence in our elections and system of government. (9) Congress has the authority to regulate campaign expenditures to promote integrity, prevent corruption, and ensure the public has trust in our election system, going back to the Tillman Act of 1907, which prohibits corporations from making direct contributions to political campaigns. (10) In 1947, Congress passed the Taft-Hartley Act, which first prohibited corporations and labor unions from making independent expenditures in support or opposition to candidates for Federal office. (11) The Watergate scandal, and the outrageous expenditure of campaign funds in that scandal, did great damage to public confidence in government and demanded a legislative response to restore this confidence. (12) Congress enacted the Federal Elections Campaign Act (FECA) in 1974 as a response to Watergate and public calls for increased regulation of our campaign system. This law established the Federal Elections Commission and instituted limits on campaign contributions which remain law to this day. (13) In 1976, the Supreme Court issued a decision in the case of Buckley v. Valeo which first established the principle that money equals speech, in addition to overturning FECA limitations on independent expenditures. (14) The Buckley decision also stated that ``The constitutional power of Congress to regulate federal elections is well established and is not questioned by any of the parties in this case.''. (15) Equating money with speech can result in the wealthy having an undue influence on our elections at the expense of the great majority of the American people. (16) In 1990, the Supreme Court issued a decision in the case of Austin v. Michigan Chamber of Commerce which upheld a Michigan law banning corporations from making independent expenditures in elections. (17) In Austin, the Court found that ``Corporate wealth can unfairly influence elections when it is deployed in the form of independent expenditures.''. (18) Austin also established that the government has an antidistortion interest in regulating political speech. The Court held that there is a compelling government interest in preventing ``the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporation's political ideas.''. (19) In 2002, Congress enacted the Bipartisan Campaign Reform Act of 2002, which banned political parties from raising ``soft money'', among other things. (20) Spending in presidential elections has risen to excessive levels over the last decade, which threatens not only our government, but the integrity of our elections. (21) In the 2000 presidential election, both candidates spent $343.1 million combined. This number climbed to $717.9 million in the 2004 presidential election. (22) In the 2008 presidential election, Barack Obama's campaign spent $740.6 million, more than both major party candidates combined in the previous election. (23) Following the Supreme Court's decision in the case of Citizens United v. FEC, there was a massive increase in outside political spending, which threatens to undermine the legitimacy of our political system. (24) In the 2010 elections, Super PACs spent approximately $90.4 million, of which $60 million was spent explicitly advocating for or against a candidate. (25) Spending among Super PACs in 2010 was concentrated at the top. Ten Super PACs accounted for nearly 75 percent of all Super PAC spending in 2010. Additionally, American Crossroads spent $25.8 million in 2010 alone, accounting for 28.7 percent of Super PAC spending in 2010. (26) According to the Wall Street Journal, Super PACs have spent $152,528,662 on the 2012 election to date. (27) Super PACs spent $8.93 million during the week of June 18, 2012 alone. (28) Super PACs are allowed to conceal the source of their donations, thereby avoiding transparency and greater public scrutiny of their actions and motivations. (29) Six and four-tenths percent of itemized funds raised by Super PACs since 2010 were not able to be traced to their original sources, which decreases accountability and transparency, threatens public confidence in our elected officials and our elections, and has a distorting effect on our elections. (30) Corporations, now freed to spend as much as they like to influence elections, contributed $31 million to Super PACs from 2010-2011, thereby helping give corporate interests a greater voice in our political system than average Americans. (31) A January 2012 poll by Rasmussen says that 58 percent of Americans believe the United States needs new campaign finance laws. (32) A January 2012 poll by Democracy Corps found that 55 percent of Americans oppose the Citizens United decision. Eighty percent of voters also believe there should be limits on the money spent in campaigns. (33) After considering these findings, Congress is concerned by the unfairness of unlimited spending in elections and is taking this action to protect our democracy and our electoral system. (34) Reinstating the ban on corporate political expenditures and placing a limit on the amount of donations to Super PACs will help restore faith and trust in our democracy and will respond to calls by the American people for vigorous campaign finance reform and effective laws to protect our free democratic system of elections. SEC. 3. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS. (a) Prohibition.-- (1) In general.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any applicable electioneering communication'' before ``, but shall not include''. (2) Applicable electioneering communication.--Section 316 of such Act (2 U.S.C. 441b) is amended by adding at the end the following: ``(c) Rules Relating to Electioneering Communications.-- ``(1) Applicable electioneering communication.--For purposes of this section, the term `applicable electioneering communication' means an electioneering communication (within the meaning of section 304(f)(3)) which is made by any entity described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section. ``(2) Exception.--Notwithstanding paragraph (1), the term `applicable electioneering communication' does not include a communication by a section 501(c)(4) organization or a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) made under section 304(f)(2)(E) or (F) of this Act if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding sentence, the term `provided directly by individuals' does not include funds the source of which is an entity described in subsection (a) of this section. ``(3) Special operating rules.-- ``(A) Definition under paragraph (1).--An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in subsection (a) directly or indirectly disburses any amount for any of the costs of the communication. ``(B) Exception under paragraph (2).--A section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in subsection (a) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute, as described in section 304(f)(2)(E). ``(4) Definitions and rules.--For purposes of this subsection-- ``(A) the term `section 501(c)(4) organization' means-- ``(i) an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or ``(ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and ``(B) a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement. ``(5) Coordination with internal revenue code.--Nothing in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 to carry out any activity which is prohibited under such Code. ``(6) Special rules for targeted communications.-- ``(A) Exception does not apply.--Paragraph (2) shall not apply in the case of a targeted communication that is made by an organization described in such paragraph. ``(B) Targeted communication.--For purposes of subparagraph (A), the term `targeted communication' means an electioneering communication (as defined in section 304(f)(3)) that is distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. ``(C) Definition.--For purposes of this paragraph, a communication is `targeted to the relevant electorate' if it meets the requirements described in section 304(f)(C).''. (3) Effective date.--The amendments made by this subsection shall take effect immediately after the enactment of subsection (b). (b) Conforming Amendment.--Sections 203 and 204 of the Bipartisan Campaign Reform Act of 2002 (Public Law 107-155) are repealed, and each provision of law amended by such sections is restored as if such sections had not been enacted into law. SEC. 4. PROHIBITION OF INDEPENDENT EXPENDITURES BY CORPORATIONS AND LABOR ORGANIZATIONS. Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``includes a contribution or expenditure,'' and inserting ``includes a contribution or expenditure (including an independent expenditure),''. SEC. 5. APPLICATION OF CONTRIBUTION LIMITS AND SOURCE PROHIBITIONS TO CONTRIBUTIONS MADE TO SUPER PACS. (a) Application of Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) For purposes of the limitations imposed by paragraphs (1)(C), (2)(C), and (3)(B) on the amount of contributions which may be made by any person to a political committee, a contribution made to a political committee which accepts donations or contributions that do not comply with the contribution or source prohibitions under this Act (or made to any account of a political committee which is established for the purpose of accepting such donations or contributions) shall be treated in the same manner as a contribution made to any other political committee to which such paragraphs apply.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contributions made on or after the date of the enactment of this Act.

Restoring Confidence in Our Democracy Act - Amends the Federal Election Campaign Act of 1971 to set forth special rules for electioneering communications, especially targeted communications, which national banks, corporations, and labor organizations are prohibited from paying for. Defines "targeted communications" as electioneering communications distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. Prohibits independent expenditures by national banks, corporations, and labor organizations. Applies certain limitations on contributions made by any person to a political committee to any contribution to a political committee which accepts donations or contributions that do not comply with contribution or source prohibitions (or made to any account of a political committee established to accept such noncompliant donations or contributions).

To amend the Federal Election Campaign Act of 1971 to reassert the authority of Congress to restrict spending by corporations and labor organizations on campaigns for elections for Federal office, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commitment to American Prosperity Act of 2011'' or the ``CAP Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) This Act is authorized by the United States Constitution under clause 1 of section 8 of article I, relating to the power of the Congress to tax and spend. (2) Should an amendment to the United States Constitution be adopted and ratified by the States setting a lower limitation on outlays than provided in this Act, it is appropriate for Congress to consider legislation immediately modifying maximum outlay amounts in this Act. (3) Total Federal outlays have averaged 20.6 percent of gross domestic product over the past 40 years. (4) Total Federal outlays in fiscal year 2010 were 23.8 percent of gross domestic product. (5) Total Federal outlays in fiscal year 2020 are projected to be 25.9 percent of gross domestic product according to the Congressional Budget Office's Alternative Fiscal Scenario. (6) It is appropriate and necessary to put total Federal outlays under a limitation, as a percent of gross domestic product, such that a downward glide path ultimately brings spending in line with historical norms. SEC. 3. OUTLAYS EXCEEDING THE GDP OUTLAY LIMIT. (a) Definitions.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking paragraph (4), redesignating the succeeding paragraphs accordingly, and adding the following paragraphs: ``(19) The term `GDP', for any fiscal year, means the gross domestic product during such fiscal year consistent with Department of Commerce definitions. ``(20)(A) The term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen. ``(21) The term `target fiscal year' means the fiscal year in which a GDP outlay limit is in effect under section 253A.''. (b) Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following: ``SEC. 253A. ENFORCING GDP OUTLAY LIMITS. ``(a) Enforcing GDP Outlay Limits.--In this section, the term `GDP outlay limit' means an amount, as estimated by OMB, equal to-- ``(1) the average GDP for the first 3 of the 4 fiscal years preceding the target fiscal year (fiscal year 2009, fiscal year 2010 and fiscal year 2011 for target year fiscal year 2013, and so on); multiplied by ``(2)(A) 25 percent for fiscal year 2013; and ``(B) for fiscal years 2014 through 2022, 25 percent minus 0.1711 percent accumulating for each fiscal year (25 percent minus .1711 percent in fiscal year 2014, 25 percent minus .3422 percent in fiscal year 2015, and so on). ``(b) GDP Outlay Limit and Outlays.-- ``(1) Determining the gdp outlay limit.--The Office of Management and Budget shall estimate the GDP outlay limit for the target fiscal year at the outset of the previous fiscal year, on April 30, on August 20, and 15 days after the conclusion of the fiscal year. CBO shall provide advisory reports calculating the GDP outlay limit at identical times. ``(2) Total federal outlays.--In this section, total Federal outlays shall include all on-budget and off-budget outlays. ``(c) Sequestration.-- ``(1) In general.-- ``(A) Excess spending.--Not later than 45 calendar days after the beginning of a fiscal year, OMB shall conduct a sequestration to eliminate the excess outlay amount. ``(B) Definition.--For purposes of this subsection, the term `excess outlay amount' means the amount by which total Federal outlays for a fiscal year exceed the GDP outlay limit as adjusted pursuant to paragraph (2). ``(2) Preview report.--CBO shall submit an advisory sequestration preview report as described in section 254(c)(4) on August 10 of each year. OMB shall produce an sequestration preview report on August 20 as described in section 254(c)(4). Fifteen days after the fiscal year begins, OMB shall issue an updated sequestration report as described in section 254(e). Thirty days later, the OMB should issue its final sequestration report as described in section 254(f)(3). It shall be accompanied by a Presidential order detailing the uniform spending reductions. The reductions should generally follow the process set forth in section 253 and 254, except as provided in this section. ``(3) Congressional action.--If the August 20 OMB report projects a sequestration, the Senate and House Budget Committees may report a resolution directing their committees to change the existing law to achieve the goals outlined in the August 20 report. ``(4) Reducing nonexempt budgetary resources by a proportional percentage.-- ``(A) Calculation.--OMB shall calculate the increase in outlays attributable to each of the 3 categories described in subparagraph (B) such that the outlay savings resulting from sequestration, as calculated under this subsection, eliminate excess outlays. ``(B) Categories.--The 3 categories are as follows: ``(i) Direct spending (Social Security, Medicare, and other such programs). ``(ii) Discretionary security spending. ``(iii) Discretionary non-security spending. ``(C) Reductions proportional.--The percentage reductions for each category described in subparagraph (B) shall be in proportion to the growth in outlays in such category from the previous fiscal year. ``(D) Uniform reduction within categories.--To achieve the percent reduction within a category under subparagraph (C), a uniform reduction will occur across all programs within that category to achieve the percent reduction required for that category. ``(E) Pro rata basis.--If legislation funding the Government does not reflect funding amounts for the entire fiscal year, sequestration required by this section shall be done on a pro rata basis. If legislation funding the Government for the remainder of a fiscal year is enacted, the total sequestration required in a fiscal year shall total the necessary level which may be undertaken in a single step or in a sequence of steps. ``(d) Exceptions.--Total Federal outlays may exceed the GDP outlay limit if during the fiscal year the excess amount is being paid to reduce the public debt or the public debt is zero. ``(e) No Exempt Programs.--Section 255 shall not apply to this section, except that payments for net interest (budget function 900) shall be exempt. ``(f) Look Back.--If, after November 15, a bill resulting in outlays for the fiscal year in progress is enacted that causes excess outlays, the excess outlays for the next fiscal year shall be increased by the amount or amounts of that breach.''. (c) BBEDCA.--Notwithstanding section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985, the relevant provisions of such Act shall apply to the extent necessary to enforce this Act, including amendments made by this Act. (d) Effective Date.--This section shall apply beginning in fiscal year 2013 and beyond, including any reports and calculations required for implementation in fiscal year 2013. SEC. 4. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Enforcement.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) GDP Outlay Limits.--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 cause the most recently reported, current GDP outlay limits set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be exceeded. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, present and voting. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, present and voting. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. (b) Table of Contents.--The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following: ``Sec. 316. Enforcement procedures.''.

Commitment to American Prosperity Act of 2011 or CAP Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require: (1) the Office of Management and Budget (OMB) to estimate the Gross Domestic Product (GDP) outlay limit for the target fiscal year at the outset of the previous fiscal year, on April 30, on August 20, and 15 days after the conclusion of the fiscal year; (2) the Congressional Budget Office (CBO) to provide advisory reports calculating the GDP outlay limit at identical times; and (3) a sequestration by OMB within 45 calendar days after the beginning of a fiscal year to eliminate the excess outlay amount. Prescribes requirements for CBO and OMB advisory sequestration preview reports and an OMB final sequestration report, accompanied by a presidential order detailing the uniform spending reduction. Requires the House and the Senate budget committees to report a resolution directing their committees to change the existing law to achieve the goals outlined in the OMB August 20 report if it projects a sequestration. Allows total federal outlays to exceed the GDP outlay limit if during the fiscal year the excess amount is being paid to reduce the public debt or the public debt is zero. States that if, after November 15, a bill resulting in outlays for the current fiscal year is enacted that causes excess outlays, the excess outlays for the next fiscal year shall be increased by the amount or amounts of that breach. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported current GDP outlay limits in the Gramm-Rudman-Hollings Act to be exceeded. Prescribes procedures for waiver or suspension of this rule.

To reduce Federal spending in a responsible manner.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Federal Emergency Procurement Flexibility Act of 2002''. (b) Definitions.--In this Act: (1) Executive agency.--The term ``executive agency'' has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (2) Fiscal year 2002 or 2003 procurement.--The term ``fiscal year 2002 or 2003 procurement'' means a procurement for which funds are obligated during fiscal year 2002 or 2003. TITLE I--FISCAL YEAR 2002 AND 2003 EMERGENCY PROCUREMENTS SEC. 101. PROCUREMENTS FOR DEFENSE AGAINST, OR RECOVERY FROM, TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK. (a) Applicability.--The authorities provided in this title apply to any fiscal year 2002 or 2003 procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate the defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. (b) Requirement for Advance Approval.--The authorities under sections 102 through 104 of this title may only be exercised, except in cases of unusual and compelling urgency, with the advance approval of the head of the applicable executive agency or his designee. SEC. 102. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS. (a) Fiscal Year 2002 and 2003 Threshold Amounts.--For a procurement referred to in section 101 that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception provided for such an operation in those definitions were-- (1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $250,000; or (2) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, $500,000. (b) Simplified Acquisition Threshold Definitions.--In this section, the term ``simplified acquisition threshold definitions'' means the following: (1) Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)). (2) Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d)). (3) Section 2302(7) of title 10, United States Code. SEC. 103. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS. (a) In General.--(1) The head of each agency may designate certain employees of the agency to make procurements described in section 101 for which in the administration of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) the amount specified in subsections (c), (d), and (f) of such section 32 shall be deemed to be $15,000. (2) The number of employees designated under paragraph (1) shall be-- (A) fewer than the number of employees of the agency who are authorized to make purchases without obtaining competitive quotations, pursuant to section 32(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(c)), unless otherwise authorized by the Director of the Office of Management and Budget; (B) sufficient to ensure the geographic dispersal of the availability of the use of the procurement authority under such paragraph at locations reasonably considered to be potential terrorist targets; and (C) sufficiently limited to allow for the careful monitoring of employees designated under such paragraph. (b) Conforming Amendment.--Section 836 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2302 note) is repealed. SEC. 104. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN PROCUREMENTS. (a) Authority.-- (1) In general.--The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in section 101 without regard to whether the property or services are commercial items. (2) Commercial item laws.--The provisions of law referred to in paragraph (1) are as follows: (A) Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430), except that no provision in such section 34 or regulation issued to implement such section shall be construed as exempting contracts awarded under the authority of this section from the provisions in section 2306a of title 10, United States Code, or section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b), relating to truth in negotiations, or section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422), relating to cost accounting standards). (B) Section 2304(g) of title 10, United States Code. (C) Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)). (b) Inapplicability of Limitation on Use of Simplified Acquisition Procedures.--The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10, United States Code, and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall be deemed to be $10,000,000 for purposes of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section. (c) Continuation of Authority for Simplified Purchase Procedures.-- Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for a fiscal year 2002 or 2003 procurement as provided in subsections (a) and (b). SEC. 105. USE OF STREAMLINED PROCEDURES. (a) In General.--The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for a procurement referred to in section 101, including authorities and procedures that are provided under the following provisions of law: (1) Federal property and administrative services act of 1949.--In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) Title 10, united states code.--In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Office of federal procurement policy act.--Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (b) Non-Discrimination Against Small-Business Concerns.--Subsection (a) shall be applied in a manner that does not discriminate against small-business concerns (within the meaning of such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or any type of small- business concern. SEC. 106. OFFICE OF MANAGEMENT AND BUDGET GUIDANCE. (a) In General.--The Director of the Office of Management and Budget shall issue guidance and procedures regarding-- (1) the types of procurements that qualify under section 101 as facilitating the defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack; (2) the implementation of section 103, including the appropriate number of employees that should be designated under section 103; and (3) the use of simplified acquisition procedures for a purchase of property or services under the authority of section 104. (b) Number of Designated Employees.--The guidance under subsection (a)(1) shall include provisions that provide the following: (1) Procurements made under the authority of section 103 should be subject to review by a designated supervisor on not less than a monthly basis. (2) The supervisor responsible for the review described in paragraph (1) shall be responsible for no more than 7 employees making procurements under section 103. SEC. 107. REVIEW AND REPORT BY COMPTROLLER GENERAL. Not later than 180 days after the end of fiscal year 2003, the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on the use of the authorities provided in this title. The report shall contain the following: (1) An assessment of the extent to which property and services acquired using authorities provided under this title contributed to the capacity of the Federal workforce to facilitate the defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. (2) An assessment of the extent to which prices for property and services acquired using authorities provided under this title reflected the best value. (3) The number of employees designated by each executive agency under section 103. (4) An assessment of the extent to which the number of employees designated under section 103 by each executive agency is reasonable and necessary to achieve the purpose of facilitating the defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. (5) An assessment of the extent to which executive agencies have monitored the use of procurement authority by employees designated under section 103 to prevent fraud and abuse. (6) Any recommendations of the Comptroller General for improving the effectiveness of the implementation of the provisions of this Act, taking into account the assessment performed under paragraphs (1), (4), and (5). TITLE II--GOVERNMENTWIDE TRANSACTION AND PROJECT AUTHORITY SEC. 201. AUTHORITY TO ENTER INTO CERTAIN PROCUREMENT-RELATED TRANSACTIONS. (a) Authority.--Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 317. AUTHORITY TO ENTER INTO CERTAIN TRANSACTIONS FOR DEFENSE AGAINST, OR RECOVERY FROM, TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK. ``(a) Authority.-- ``(1) In general.--The head of an executive agency who engages in basic research, applied research, advanced research, and development projects that-- ``(A) are necessary to the responsibilities of such official's executive agency in the field of research and development, and ``(B) have the potential to facilitate defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack, may exercise the same authority (subject to the same restrictions and conditions) with respect to such research and projects as the Secretary of Defense may exercise under section 2371 of title 10, United States Code, except for subsections (b), (f), and (g) of such section. ``(2) Applicability to selected executive agencies.--The head of an executive agency may exercise authority under this subsection only if authorized by the Director of the Office of Management and Budget to do so. ``(b) Annual Report.--The annual report of the head of an executive agency that is required under subsection (h) of section 2371 of title 10, United States Code, as applied to the head of an executive agency by subsection (a), shall be submitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. ``(c) Regulations.--The Director of the Office of Management and Budget shall prescribe regulations to carry out this section.''. (b) Clerical Amendment.--The table of sections in section 1(b) of such Act is amended by inserting after the item relating to section 316 the following new item: ``Sec. 317. Authority to enter into certain transactions for defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack.''. SEC. 202. TEMPORARY AUTHORITY FOR CARRYING OUT CERTAIN PROTOTYPE PROJECTS. (a) In General.--The head of an executive agency designated by the Director of the Office of Management and Budget to do so may, under the authority of section 317 of the Federal Property and Administrative Services Act of 1949 (as added by subsection (a)), carry out prototype projects that meet the requirements of subparagraphs (A) and (B) of subsection (a)(1) of such section in accordance with the same requirements and conditions as are provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note). (b) Conforming Authority.--In the application of the requirements and conditions of section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) to the administration of authority under subsection (a)-- (1) subsection (c) of such section shall apply with respect to prototype projects carried out under this subsection; and (2) the Director of the Office of Management and Budget shall perform the function of the Secretary of Defense under subsection (d) of such section. TITLE III--OTHER MATTERS SEC. 301. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE. The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research.

Federal Emergency Procurement Flexibility Act of 2002 - Provides that the simplified acquisition threshold to be applied for any FY 2002 or 2003 executive agency procurement of property or services that is to be used to facilitate the defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack and that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation shall be: (1) $250,000 for a contract to be awarded and performed, or a purchase to be made, inside the United States; or (2) $500,000 for a contract to be awarded and performed, or a purchase to be made, outside of the United States.Authorizes the head of each agency to designate certain employees to make such procurements below a micro-purchase threshold of $15,000 (currently, $2,500) under the Office of Federal Procurement Policy Act.Permits executive agencies to apply to any such procurement specified provisions of law relating to the procurement of commercial items, without regard to whether the property and services are commercial items. Deems the $5 million limitation on the use of special simplified acquisition procedures to be $10 million.Requires executive agencies to use specified streamlined acquisition authorities and procedures for such procurements.Allows executive agencies who engage in necessary basic, applied, and advanced research and development projects that have the potential to facilitate defense against or recovery from terrorism or a terrorist attack to exercise specified authority accorded the Secretary of Defense for research project transactions other than contracts and grants and to carry out prototype projects.Directs executive agencies to conduct market research to identify the capabilities available in the marketplace in furtherance of defense against or recovery from terrorism or a terrorist attack.

To provide for flexibility in making emergency Federal procurements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Forest Rescue Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) fire and land management policies have contributed to the increasing severity and intensity of wildfires over the past few decades; (2) a large proportion of Federal forest land is in a condition of serious degradation because of trees that are-- (A) diseased; or (B) dying because of-- (i) insect infestation; (ii) invasive plant species; or (iii) other natural disasters (including blowdowns and wildfires); (3) the drought conditions of 2002 are exacerbating the conditions on Federal forest land, making the Federal forest land particularly susceptible to an increased threat of wildfires; (4) in addition to threatening Federal forest land, wildfires threaten thousands of communities that are located on the border or within the boundaries of the Federal forest land; (5) the 2000 and 2002 fire seasons demonstrate the devastation that is possible if emergency action is not taken to reduce the increased threat of wildfire from diseased and dying trees; (6) the combination of drought and diseased and dying trees creates even more dangerous conditions under which-- (A) the severity of wildfires increases; and (B) wildfires pose a greater threat to public health and safety; and (7) it is critically important that the heads of Federal agencies responsible for managing Federal forest land have the authority to declare as emergency mitigation areas any Federal forest land that has a dangerous buildup of dead or dying trees because of disease, insect infestation, invasive plant species, or other natural disasters, for the purposes of-- (A) reducing the threat of wildfires; and (B) protecting Federal forest land and the communities located near or adjacent to the Federal forest land. SEC. 3. DEFINITIONS. In this Act: (1) Designee.--The term ``designee'' means-- (A) the Chief of the Forest Service; (B) the Director of the Bureau of Land Management; or (C) the Director of the United States Fish and Wildlife Service. (2) Emergency mitigation area.--The term ``emergency mitigation area'' means an area designated by the Secretary under section 4(a). (3) Federal forest land.--The term ``Federal forest land'' means any forest land under the jurisdiction of the Secretary. (4) Secretary.--The term ``Secretary'' means-- (A) in the case of Federal forest land under the jurisdiction of the Forest Service, the Secretary of Agriculture; or (B) in the case of Federal forest land under the jurisdiction of the Bureau of Land Management or the United States Fish and Wildlife Service, the Secretary of the Interior. SEC. 4. EMERGENCY MITIGATION AREAS. (a) Designation.--The Secretary or a designee shall designate as an emergency mitigation area any Federal forest land that-- (1) is experiencing a severe drought; and (2) has a large quantity of trees that are dead or dying because of disease, insect infestation, an invasive plant species, or other natural disaster. (b) Emergency Circumstance.--Designation of an emergency mitigation area under subsection (a) is an emergency circumstance within the meaning of part 1506.11 of title 40, Code of Federal Regulations (or a successor regulation). (c) Alternative Arrangements.-- (1) In general.--On designation of an emergency mitigation area under subsection (a), the Secretary or a designee shall request from the Council on Environmental Quality authority to use any alternative arrangement (including timber harvesting) in the emergency mitigation area that is necessary to protect trees in the emergency mitigation area from disease, insect infestation, an invasive plant species, or other natural disaster. (2) Exemption from applicable law.--In carrying out an alternative arrangement approved by the Council on Environmental Quality under paragraph (1), the Secretary of Agriculture or a designee shall be exempt from the requirements of section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (16 U.S.C. 1612 note).

Emergency Forest Rescue Act of 2002 - Directs the Secretary of Agriculture and the Secretary of the Interior to: (1) designate Federal forest land that is at wildfire risk because of severe drought and dead and dying trees as an emergency mitigation area; and (2) request authority from the Council on Environmental Quality to use alternative arrangements (including timber harvesting) to protect trees in such an area from disease, insect infestation, invasive plant species, or other natural disaster.

A bill to direct the Secretary of Agriculture and the Secretary of the Interior to designate certain Federal forest land at risk for catastrophic wildfires as emergency mitigation areas, to authorize the use of alternative arrangements in those areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Wetlands Conservation Reauthorization Act''. SEC. 2. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVATION ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.). SEC. 3. FINDINGS AND STATEMENT OF PURPOSE. (a) Finding.--Section 2(a)(1) (16 U.S.C. 4401(a)(1)) is amended by striking ``and other habitats'' and inserting ``and associated habitats''. (b) Purposes.--Section 2(b) (16 U.S.C. 4401(b)) is amended-- (1) in paragraph (1) by striking ``and other habitats for migratory birds'' and inserting ``and habitats associated with wetland ecosystems''; (2) in paragraph (2) by inserting ``wetland associated'' before ``migratory bird''; and (3) in paragraph (3)-- (A) by inserting ``wetland associated'' before ``migratory birds''; and (B) by inserting ``, the United States Shorebird Conservation Plan, the North American Waterbird Conservation Plan, the Partners In Flight Conservation Plans,'' after ``North American Waterfowl Management Plan''. SEC. 4. DEFINITION OF WETLANDS CONSERVATION PROJECT. Section 3(9) (16 U.S.C. 4402(9)) is amended-- (1) in subparagraph (A) by inserting ``of a wetland ecosystem and associated habitat'' after ``including water rights,''; and (2) in subparagraph (B) by striking ``and other habitat'' and inserting ``and associated habitat''. SEC. 5. REAUTHORIZATION. Section 7(c) (16 U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that follows and inserting ``not to exceed-- ``(1) $55,000,000 for fiscal year 2003; ``(2) $60,000,000 for fiscal year 2004; ``(3) $65,000,000 for fiscal year 2005; ``(4) $70,000,000 for fiscal year 2006; and ``(5) $75,000,000 for fiscal year 2007.''. SEC. 6. ALLOCATION. Section 8(a) (16 U.S.C. 4407(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``(but at least 50 per centum and not more than 70 per centum thereof)'' and inserting ``(but at least 30 percent and not more than 60 percent)''; and (B) by striking ``4 per centum'' and inserting ``4 percent''; and (2) in paragraph (2) by striking ``(but at least 30 per centum and not more than 50 per centum thereof)'' and inserting ``(but at least 40 percent and not more than 70 percent)''. SEC. 7. CLARIFICATION OF NON-FEDERAL SHARE OF THE COST OF APPROVED WETLANDS CONSERVATION PROJECTS. Section 8(b) (16 U.S.C. 4407(b)) is amended by striking so much as precedes the second sentence and inserting the following: ``(b) Cost Sharing.--(1) Except as provided in paragraph (2), as a condition of providing assistance under this Act for any approved wetlands conservation project, the Secretary shall require that the portion of the costs of the project paid with amounts provided by non- Federal United States sources is equal to at least the amount allocated under subsection (a) that is used for the project. ``(2) Federal moneys allocated under subsection (a) may be used to pay 100 percent of the costs of such projects located on Federal lands and waters, including the acquisition of inholdings within such lands and waters. ``(3)''. SEC. 8. TECHNICAL CORRECTIONS. (a) The North American Wetlands Conservation Act is amended as follows: (1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), by inserting ``of 1973'' after ``Species Act''. (2) In section 2(a)(12) (16 U.S.C. 4401(a)(12)), by inserting ``and in 1994 by the Secretary of Sedesol for Mexico'' after ``United States''. (3) In section 3(2) (16 U.S.C. 4402(2)), by striking ``Committee on Merchant Marine and Fisheries of the United States House of Representatives'' and inserting ``Committee on Resources of the House of Representatives''. (4) In section 3(5) (16 U.S.C. 4402(5)), by inserting ``of 1973'' after ``Species Act''. (5) In section 3(6) (16 U.S.C. 4402(6)), by inserting after ``1986'' the following: ``, and by the Secretary of Sedesol for Mexico in 1994, and subsequent dates''. (6) In section 4(a)(1)(B) (16 U.S.C. 4403(a)(1)(B)), by striking ``section 3(2)(B)'' and inserting ``section 3(g)(2)(B)''. (7) In section 4(c) (16 U.S.C. 4403(c)), in the matter preceding paragraph (1), by striking ``Commission'' and inserting ``Council''. (8) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), by inserting ``of 1973'' after ``Species Act''. (9) In section 5(b) (16 U.S.C. 4404(b)), by striking ``by January 1 of each year,'' and inserting ``each year''. (10) In section 5(d) (16 U.S.C. 4404(d)), by striking ``one Council member'' and inserting ``2 Council members''. (11) In section 5(f) (16 U.S.C. 4404(f)), by striking ``subsection (d)'' and inserting ``subsection (e)''. (12) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), by striking ``western hemisphere pursuant to section 17 of this Act'' and inserting ``Western Hemisphere pursuant to section 16''. (13) In section 10(1)(D) (16 U.S.C. 4409(1)(D)), by striking the period and inserting ``; and''. (14) In section 16(a) (16 U.S.C. 4413), by striking ``western hemisphere'' and inserting ``Western Hemisphere''. (b)(1) Section 112(1) of Public Law 101-593 (104 Stat. 2962) is amended by striking ``and before the period''. (2) Paragraph (1) of this subsection shall be effective on and after the effective date of section 112(1) of Public Law 101-593 (104 Stat. 2962). SEC. 9. CHESAPEAKE BAY INITIATIVE. Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note; Public Law 105-312) is amended by striking ``2003'' and inserting ``2008''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

North American Wetlands Conservation Reauthorization Act - Amends the North American Wetlands Conservation Act to revise the findings and purposes of the Act.Revises the definition of "wetlands conservation project" to specify that: (1) water rights obtained as part of a real property interest must be those of a wetland ecosystem and associated habitat; and (2) habitat restored, managed, or enhanced must be associated with wetland ecosystems.Authorizes appropriations for FY 2003 through 2007 to carry out the purposes of the Act.Decreases the percentages of amounts available to carry out approved projects in Canada and Mexico.Revises cost-sharing requirements to state that, except for projects located on Federal lands and waters, as a condition for provision of assistance, the portion of project costs paid with amounts from non-Federal U.S. sources shall be equal to at least the amount allocated by the Secretary of the Interior under the Act.Makes technical corrections.Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization through FY 2008.

To reauthorize the North American Wetlands Conservation Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ADA Education and Reform Act of 2017''. SEC. 2. COMPLIANCE THROUGH EDUCATION. (a) In General.--Based on existing funding, the Disability Rights Section of the Department of Justice shall, in consultation with property owners and representatives of the disability rights community, develop a program to educate State and local governments and property owners on effective and efficient strategies for promoting access to public accommodations for persons with a disability (as defined in section 3 of the Americans with Disabilities Act (42 U.S.C. 12102)). Such program may include training for professionals such as Certified Access Specialists to provide a guidance of remediation for potential violations of the Americans with Disabilities Act. (b) Materials Provided in Other Languages.--The Disability Rights Section of the Department of Justice shall take appropriate actions, to the extent practicable, to make technical assistance publications relating to compliance with this Act and the amendments made by this Act available in all the languages commonly used by owners and operators of United States businesses. SEC. 3. NOTICE AND CURE PERIOD. Paragraph (1) of section 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows: ``(1) Availability of remedies and procedures.-- ``(A) In general.--Subject to subparagraph (B), the remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. ``(B) Barriers to access to existing public accommodations.--A civil action under section 302 or 303 based on the failure to remove an architectural barrier to access into an existing public accommodation may not be commenced by a person aggrieved by such failure unless-- ``(i) that person has provided to the owner or operator of the accommodation a written notice specific enough to allow such owner or operator to identify the barrier; and ``(ii)(I) during the period beginning on the date the notice is received and ending 60 days after that date, the owner or operator fails to provide to that person a written description outlining improvements that will be made to remove the barrier; or ``(II) if the owner or operator provides the written description under subclause (I), the owner or operator fails to remove the barrier or, in the case of a barrier, the removal of which requires additional time as a result of circumstances beyond the control of the owner or operator, fails to make substantial progress in removing the barrier during the period beginning on the date the description is provided and ending 60 days after that date. ``(C) Specification of details of alleged violation.--The written notice required under subparagraph (B) must also specify in detail the circumstances under which an individual was actually denied access to a public accommodation, including the address of property, whether a request for assistance in removing an architectural barrier to access was made, and whether the barrier to access was a permanent or temporary barrier.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect 30 days after the date of the enactment of this Act. SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS. The Judicial Conference of the United States shall, under rule 16 of the Federal Rules of Civil Procedure or any other applicable law, in consultation with property owners and representatives of the disability rights community, develop a model program to promote the use of alternative dispute resolution mechanisms, including a stay of discovery during mediation, to resolve claims of architectural barriers to access for public accommodations. To the extent practical, the Federal Judicial Center should provide a public comment period on any such proposal. The goal of the model program shall be to promote access quickly and efficiently without the need for costly litigation. The model program should include an expedited method for determining the relevant facts related to such barriers to access and steps taken before the commencement of litigation to resolve any issues related to access. Passed the House of Representatives February 15, 2018. Attest: KAREN L. HAAS, Clerk.

ADA Education and Reform Act of 2017 (Sec. 2) This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990. (Sec. 3) The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify the circumstances under which public accommodation access was denied. (Sec. 5) The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation.

ADA Education and Reform Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Absenteeism Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Students who are chronically absent--meaning they miss 10 percent or more of the school year--are more likely to experience hardships later in life and 68 percent less likely than their peers to graduate. (2) The Department of Education's Office of Civil Rights Data Collection found that over 6.8 million students were chronically absent during the 2013-2014 school year. This makes up 14 percent of all students. (3) Chronically absent students are more likely to become high school drop outs. This leaves them prone to living in poverty, suffering from diminished health, and being involved in the criminal justice system later in life. Nineteen percent of high school students are chronically absent. (4) The Department of Education has found that, ``Chronic absenteeism is widespread'' and ``Research suggests the reasons for chronic absenteeism are as varied as the challenges our students and families face--including poor health, limited transportation, and a lack of safety--which can be particularly acute in disadvantaged communities and areas of poverty.''. (5) A report by the Everyone Graduates Center found that chronic absenteeism can stem from a wide range of often overlapping internal and external factors. External factors include homelessness, family dysfunction, and transportation; while internal factors include health, fear of bullying, concern for safety, and not valuing daily school attendance. Therefore, it is critical to have cross-sector collaborations and multifaceted strategies that incorporate parents, public- private partnerships, and community partners. (6) Students of color are disproportionately chronically absent compared to their White peers. Latino students are 11 percent more likely to be chronically absent, African-American students are 36 percent more likely, and American Indian and Pacific Islander students are over 65 percent more likely according to the Department of Education's Office of Civil Rights Data Collection. (7) Studies have shown that mentors can help reduce chronic absenteeism. Students who regularly meet with mentors are 52 percent less likely than their peers to skip a day of school and 37 percent less likely to skip a class. In one program, previously chronically absent students in 2012-13 with ``Success Mentors'' gained 51,562 additional days of school compared to previously chronically absent students without mentors at comparison schools; and 92,277 additional days compared to comparison school students without mentors during the 3-year initiative. (8) A report on the impact of one mentoring program found that it reduced school absenteeism by half. In another study, youth showed a gain of more than a week of class attendance. (9) Studies estimate that 9.4 million young people who are at risk need a mentor. SEC. 3. INTERVENTIONS TO ADDRESS CHRONIC ABSENTEEISM. Section 4108(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7118(5)) is amended-- (1) in subparagraph (H)(iii) by striking ``or'' at the end; (2) in subparagraph (I), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(J) interventions for students who miss 10 percent or more of school days (as determined at any time during a school year), which may include-- ``(i) implementing data collection systems that assist schools in collecting and tracking attendance data; ``(ii) creating data-sharing and confidentiality agreements between schools and partner agencies or community organizations working with students; ``(iii) partnering with local health, transportation, and service providers; ``(iv) integrating school personnel for mentoring; ``(v) carrying out mentoring programs that-- ``(I) are structured, managed, and appropriately match students with screened and well-trained adult volunteers for group and one-on-one mentoring relationships; ``(II) encourage mentors and students to meet frequently; ``(III) are intended to satisfy a student's need for involvement with a caring and supportive adult who serves as a positive role model; ``(IV) emphasize the importance of regular school attendance; and ``(V) provide and facilitate the necessary student support services; ``(vi) partnering with community organizations that offer mentoring services that consist of-- ``(I) screening and training of adult volunteers; ``(II) matching children and youth with the appropriate adult volunteer mentors; ``(III) support and oversight of the mentoring relationship; ``(IV) establishing goals and evaluation of outcomes for mentored children; and ``(V) planned and ongoing coordination between mentors and school personnel to identify individual student challenges causing chronic absenteeism in an effort to connect mentees to appropriate school personnel or resources such as access to transportation or medical care; ``(vii) cross-age peer mentoring programs under which an older youth serves a mentor for a younger student for the purpose of guiding and supporting the student's academic, social, and emotional development; ``(viii) school reorganization aimed at improving relationships between students and staff, including strategies for recognizing and modeling good attendance, such as mentors greeting students each day and promptly contacting a parent or mentor if the student is absent; ``(ix) identifying issues that lead to school absences; ``(x) meeting with students and parents to engage students and improve performance; ``(xi) arranging for teacher home visits to develop relationships among students, parents and schools; ``(xii) connecting students to existing school resources and activities, including school counseling services and existing community-based organizations; ``(xiii) using mentors to serve as a bridge between students, parents, and schools; ``(xiv) implementing evidence-based restorative justice strategies aimed at reducing suspensions in order to keep students in school; or ``(xv) providing personnel training to build positive school climates and promote social-emotional learning.''.

Chronic Absenteeism Reduction Act This bill amends the Elementary and Secondary Education Act of 1965 to allow local educational agencies to use specified federal funds for mentoring programs and other activities that address chronically absent students (i.e., students who miss 10% or more of school days).

Chronic Absenteeism Reduction Act

SECTION 1. BONUS DEPRECIATION FOR CERTAIN PROPERTY ACQUIRED DURING 2008. (a) In General.--Subsection (k) of section 168 of the Internal Revenue Code of 1986 (relating to special allowance for certain property acquired after September 10, 2001, and before January 1, 2005) is amended-- (1) by striking ``September 10, 2001'' each place it appears and inserting ``December 31, 2007'', (2) by striking ``September 11, 2001'' each place it appears and inserting ``January 1, 2008'', (3) by striking ``January 1, 2005'' each place it appears and inserting ``January 1, 2009'', and (4) by striking ``January 1, 2006'' each place it appears and inserting ``January 1, 2010''. (b) 50 Percent Allowance.--Subparagraph (A) of section 168(k)(1) of such Code is amended by striking ``30 percent'' and inserting ``50 percent''. (c) Conforming Amendments.-- (1) Subclause (I) of section 168(k)(2)(B)(i) of such Code is amended by striking ``and (iii)'' and inserting ``(iii), and (iv)''. (2) Subclause (IV) of section 168(k)(2)(B)(i) of such Code is amended by striking ``clauses (ii) and (iii)'' and inserting ``clause (iii)''. (3) Clause (i) of section 168(k)(2)(C) of such Code is amended by striking ``and (iii)'' and inserting ``, (iii), and (iv)''. (4) Clause (i) of section 168(k)(2)(F) of such Code is amended by striking ``$4,600'' and inserting ``$8,000''. (5)(A) Subsection (k) of section 168 of such Code is amended by striking paragraph (4). (B) Clause (iii) of section 168(k)(2)(D) of such Code is amended by striking the last sentence. (6) Paragraph (4) of section 168(l) of such Code is amended by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D) and inserting before subparagraph (B) (as so redesignated) the following new subparagraph: ``(A) Bonus depreciation property under subsection (k).--Such term shall not include any property to which section 168(k) applies.''. (7) Paragraph (5) of section 168(l) of such Code is amended-- (A) by striking ``September 10, 2001'' in subparagraph (A) and inserting ``December 31, 2007'', and (B) by striking ``January 1, 2005'' in subparagraph (B) and inserting ``January 1, 2009''. (8) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2005'' and inserting ``January 1, 2010''. (9) Paragraph (3) of section 1400N(d) of such Code is amended-- (A) by striking ``September 10, 2001'' in subparagraph (A) and inserting ``December 31, 2007'', and (B) by striking ``January 1, 2005'' in subparagraph (B) and inserting ``January 1, 2009''. (10) Paragraph (6) of section 1400N(d) of such Code is amended by adding at the end the following new subparagraph: ``(E) Exception for bonus depreciation property under section 168(k).--The term `specified Gulf Opportunity Zone extension property' shall not include any property to which section 168(k) applies.''. (11) The heading for subsection (k) of section 168 of such Code is amended-- (A) by striking ``September 10, 2001'' and inserting ``December 31, 2007'', and (B) by striking ``January 1, 2005'' and inserting ``January 1, 2009''. (12) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre-january 1, 2005'' and inserting ``pre-january 1, 2009''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007, in taxable years ending after such date. SEC. 2. ELECTION TO INCREASE MINIMUM TAX CREDIT IN LIEU OF BONUS DEPRECIATION. (a) In General.--Section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended by adding at the end the following new subsection: ``(f) Additional Credit in Lieu of Bonus Depreciation.-- ``(1) In general.--In the case of a corporation making an election under this subsection for a taxable year, the limitation under subsection (c) shall be increased by an amount equal to the bonus depreciation amount. ``(2) Bonus depreciation amount.--For purposes of paragraph (1), the bonus depreciation amount for any taxable year is an amount equal to the product of-- ``(A) 35 percent, and ``(B) the excess (if any) of-- ``(i) the aggregate amount of depreciation which would be determined under section 168 for property placed in service during such taxable year if no election under this subsection were made, over ``(ii) the aggregate allowance for depreciation allowable with respect to such property placed in service for such taxable year. ``(3) Aggregation rule.--All members of the same controlled group shall be treated as 1 corporation for purposes of this subsection. ``(4) Election.--Section 168(k) (relating to bonus depreciation) shall not apply to any property placed in service during a taxable year by a corporation making an election under this subsection for such taxable year. An election under this subsection may only be revoked with the consent of the Secretary. ``(5) Credit refundable.--The aggregate increase in the credit allowed by this section for any taxable year by reason of this subsection shall for purposes of this title (other than subsection (b)(2) of this section) be treated as a credit allowed to the taxpayer under subpart C.''. (b) Cross Reference.--Section 168(k) of such Code (relating to bonus depreciation) is amended by adding at the end the following new paragraph: ``(5) Cross reference.--For an election to claim additional minimum tax credits in lieu of the allowance determined under this subsection, see section 53(f).''.

Amends the Internal Revenue Code to: (1) increase from 30 to 50% the rate of the special depreciation allowance (bonus depreciation) for certain business equipment and assets placed in service in 2008; and (2) allow a corporation to elect to increase its alternative minimum tax credit by its bonus depreciation amount in lieu of applying such allowance.

A bill to amend the Internal Revenue Code of 1986 to provide for bonus depreciation or an additional minimum tax credit in lieu of such bonus depreciation.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Guides and Outfitters Act'' or the ``GO Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; Table of contents; Definitions. Sec. 2. Special recreation permit and fee. Sec. 3. Permit across multiple jurisdictions. Sec. 4. Guidelines and permit fee calculation. Sec. 5. Use of permit fees for permit administration. Sec. 6. Adjustment to permit use reviews. Sec. 7. Authorization of temporary permits for new uses for the Forest Service and BLM. Sec. 8. Indemnification requirements. Sec. 9. Streamlining of permitting process. Sec. 10. Cost recovery reform. Sec. 11. Extension of Forest Service recreation priority use permits. (c) Definitions.--In this Act: (1) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and (B) the Secretary of Agriculture, with respect to the Forest Service. (2) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture acting jointly. SEC. 2. SPECIAL RECREATION PERMIT AND FEE. Subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended to read as follows: ``(h) Special Recreation Permit and Fee.-- ``(1) In general.--The Secretary may-- ``(A) issue a special recreation permit for Federal recreational lands and waters; and ``(B) charge a special recreation permit fee in connection with the issuance of the permit. ``(2) Special recreation permits.--The Secretary may issue special recreation permits in the following circumstances: ``(A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events. ``(B) To recreation service providers who conduct outfitting, guiding, and other recreation services on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service. ``(C) To recreation service providers who conduct recreation or competitive events, which may involve incidental sales on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service. ``(3) Reduction in federal costs.--To reduce Federal costs in administering this subsection, the issuance of a new special recreation permit for activities under paragraph (2) that have been considered under previous analysis or that are similar to existing uses or are not inconsistent with approved uses shall qualify for categorical exclusions under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS. (a) In General.--In the case of an activity requiring permits pursuant to subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by both the Forest Service and the Bureau of Land Management-- (1) the Secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee, provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit; and (2) the permit application required under clause (i) shall be-- (A) the application required by the lead agency; and (B) submitted to the lead agency. (b) Requirements of the Lead Agency.--The lead agency for a permit under subsection (a) shall-- (1) coordinate with the associated agencies, consistent with the authority of the Secretaries under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue the single, joint permit that covers the entirety of the trip; (2) in processing the joint permit application, incorporate the findings, interests, and needs of the associated agencies, provided that such coordination shall not be subject to cost recovery; and (3) complete the permitting process within a reasonable time after receiving the permit application. (c) Effect on Regulations.--Nothing in this section shall alter, expand, or limit the applicability of any Federal law (including regulations) to lands administered by the relevant Federal agencies. (d) Definitions.--In this section: (1) Associated agency.--The term ``associated agency'' means an agency that manages the land on which the trip of the special recreation permit applicant will enter after leaving the land managed by the lead agency. (2) Lead agency.--The term ``lead agency'' means the agency that manages the land on which the trip of the special recreation permit applicant will begin. SEC. 4. GUIDELINES AND PERMIT FEE CALCULATION. (a) Guidelines and Exclusion of Certain Revenues.--The Secretary shall-- (1) publish guidelines in the Federal Register for establishing recreation permit fees; and (2) provide appropriate deductions from the fee established under paragraph (1) for-- (A) revenue from goods, services, and activities provided by a recreation service provider outside Federal recreational lands and waters, such as costs for transportation, lodging, and other services before or after a trip; and (B) fees to be paid by permit holder under applicable law to provide services on other Federal lands, if separate permits are issued to that permit holder for a single event. (b) Fee Conditions.--The fee charged by the Secretary for a permit issued under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational service provider's annual gross revenue for activities authorized by the permit on Federal lands, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee. (c) Disclosure of Fees.--A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)). SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRATION. Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(1)) shall be used-- (1) to partially offset the Secretary's direct cost of administering the permits; and (2) to improve and streamline the permitting process. SEC. 6. ADJUSTMENT TO PERMIT USE REVIEWS. (a) In General.--In reviewing and adjusting allocations of use for priority use permits for special uses of Federal recreational lands and waters managed by the Forest Service, and in renewing such permits, the Secretary of Agriculture shall allocate to a permit holder the highest amount of actual annual use over the reviewed period plus 25 percent, capped at the amount of use allocated when the permit was issued unless additional capacity is available. (b) Waiver.--Use reviews under subsection (a) may be waived for periods in which circumstances that prevented use of assigned capacity, such as weather, fire, natural disasters, wildlife displacement, business interruptions, and when allocations on permits include significant shoulder seasons. The authorizing office may approve non- use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder. Approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant. SEC. 7. AUTHORIZATION OF TEMPORARY PERMITS FOR NEW USES FOR THE FOREST SERVICE AND BLM. Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish and implement a program to authorize temporary permits for new recreational uses of Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management, respectively, and to provide for the conversions of such temporary permits to long-term permits after 2 years of satisfactory operation. The issuance and conversion of such permits shall be subject to subsection (h)(3) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802). SEC. 8. INDEMNIFICATION REQUIREMENTS. (a) Indemnification.--A permit holder that is prohibited by the State from providing indemnification to the Federal Government shall be considered to be in compliance with indemnification requirements of the Department of the Interior and the Department of Agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount. (b) Exculpatory Agreements.--The Secretary shall not implement, administer or enforce any regulation or policy prohibiting the use of exculpatory agreements between recreation service providers and their customers for services provided under a special recreation permit when such agreements are enforceable pursuant to the law of the State in which the permitted services are provided. SEC. 9. STREAMLINING OF PERMITTING PROCESS. (a) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretaries shall revise part 251, subpart B, of title 36 Code of Federal Regulations, and subpart 2932, of title 43, Code of Federal Regulations to streamline the processes for the issuance and renewal of outfitter and guide special use permits. Such amended regulations shall-- (1) shorten application processing times and minimize application and administration costs; and (2) provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance or renewal of outfitter and guide and similar recreation special use permits, to the maximum extent allowable under applicable law, including, but not limited to, use of a categorical exclusion for the issuance of a new special recreation permit for activities under paragraph (2)(B) of subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) that have been considered under previous analysis or that are similar to existing uses or are not inconsistent with approved uses. (b) Online Applications.--To the maximum extent practicable, where feasible and efficient, the Secretaries shall make special recreation permit applications available to be filled out and submitted online. SEC. 10. COST RECOVERY REFORM. (a) Regulatory Process.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall revise section 251.58 of title 36, Code of Federal Regulations, and section 2932.31(e) and (f) of title 43, Code of Federal Regulations, to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided, however, that nothing in the revised regulations shall further limit the Secretaries' authority to issue or renew recreation special use permits. (b) De Minimis Exemption.-- (1) Cost recovery limitation.--Any regulations issued by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first 50 hours of work necessary in any one year to process and/or monitor such an application shall not be subject to cost recovery. The application of a 50-hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit. (2) Application of exemption.--An exemption under paragraph (1) shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required, including any application or authorization requiring more than 50 hours (or such other greater number of hours specified for exemption) to process or monitor. In the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption, the amount of work for which cost recovery is required shall be reduced by the amount of the exemption. (3) Multiple applications.--In situations involving multiple recreation special use applications for similar services in the same unit or area that require more than 50 hours (or such other greater number of hours specified for exemption) in the aggregate to process, the Secretary shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest-- (A) determine the share of the aggregate amount to be allocated to each application, on an equal or prorated basis, as appropriate; and (B) for each application, apply a separate exemption of up to 50 hours (or such other greater number of hours specified for exemption) to the share allocated to such application. (4) Cost reduction.--The agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable in order to reduce the amount of work and cost necessary to process the application. (5) Limitation.--The Secretary of the Interior and the Secretary of Agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or for biological monitoring on Federal recreational lands and waters under such Act for listed, proposed, or candidate species. (6) Waiver of cost recovery.--The Secretary of the Interior and the Secretary of Agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals, on a categorical or case-by-case basis as appropriate, if the Secretary determines that-- (A) such costs would impose a significant economic burden on any small business or category of small businesses; (B) such cost recovery could threaten the ability of an applicant or permittee to provide, in a particular area, a particular outdoor recreational activity that is consistent with the public interest and with applicable resource management plans; or (C) prevailing economic conditions are unfavorable, such as during economic recessions, or when drought, fire, or other natural disasters have depressed economic activity in the area of operation. SEC. 11. EXTENSION OF FOREST SERVICE RECREATION PRIORITY USE PERMITS. Where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations, the Secretary of Agriculture shall have the authority to grant the holder one or more extensions of the exiting permit for additional items not to exceed 5 years in the aggregate, as necessary to allow the Secretary to complete the renewal process and to avoid the interruption of services under such permit. Before granting an extension under this section, the Secretary shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit.

Guides and Outfitters Act or the GO Act This bill amends the Federal Lands Recreation Enhancement Act to specify the circumstances in which the Department of the Interior and the Department of Agriculture (USDA) may: (1) issue special recreation permits for federal recreational lands and waters, and (2) charge a special recreation permit fee for them. Interior and USDA may issue special recreation permits: for specialized individual and group use of federal facilities and federal recreational lands and waters; to recreation service providers who conduct outfitting, guiding, and other recreation services on federal recreational lands and waters; and to recreation service providers who conduct recreation or competitive events, which may involve incidental sales on federal recreational lands and waters. Interior and USDA shall issue joint permits for the use of lands managed by the Forest Service and the Bureau of Land Management (BLM). Interior shall publish guidelines for establishing recreation permit fees. Revenues from special recreation permits issued to recreation service providers shall be used to: (1) offset partially Interior's direct cost of administering permits, and (2) improve and streamline the permitting process. When reviewing and adjusting allocations for the use of priority use permits for special uses of federal recreational lands and water managed by the Forest Service USDA shall allocate to the permit holder a prescribed amount subject to a cap. USDA and Interior shall implement a program that authorizes temporary permits for new recreational uses of federal recreational lands and waters managed by the Forest Service or the BLM, respectively. A permit holder prohibited by a state from indemnifying the federal government shall be considered to be in compliance with Interior and USDA indemnification requirements if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount. Interior and USDA shall revise certain: special land use and special recreation permit regulations to streamline the processes for the issuance and renewal of outfitter and guide special use permits, and cost recovery fee regulations to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies. If a holder of a special use permit for outfitting and guiding that authorizes priority use has requested renewal of the permit, USDA may grant one or more exiting permit extensions for additional items for up to five years altogether, as necessary to allow completion of the renewal process and avoid the interruption of services under the permit.

GO Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Washington Commemorative Coin Act of 1996''. SEC. 2. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 100,000 5 dollar coins, which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of George Washington. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1999''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary shall issue coins minted under this Act beginning May 1, 1999. (d) Termination of Minting Authority.--No coins may be minted under this Act after November 31, 1999. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $35 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 10(a), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Mount Vernon Ladies' Association (hereafter in this Act referred to as the ``Association'') and shall be used-- (1) to supplement the Association's endowment for the purpose of providing a permanent source of support for the preservation of George Washington's home; and (2) to provide financial support for the continuation and expansion of the Association's efforts to educate the American public about George Washington. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES. (a) Payment of Surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act shall be paid to the Association unless-- (1) all numismatic operation and program costs allocable to the program under which such coins are produced and sold have been recovered; and (2) the Association submits an audited financial statement which demonstrates to the satisfaction of the Secretary of the Treasury that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the Association has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the Association may receive from the proceeds of such surcharge. (b) Annual Audits.-- (1) Annual audits of recipients required.--The Association shall provide, as a condition for receiving any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the Association, of all such payments to the Association beginning in the first fiscal year of the Association in which any such amount is received and continuing until all such amounts received by the Association with respect to such surcharges are fully expended or placed in trust. (2) Minimum requirements for annual audits.--At a minimum, each audit of the Association pursuant to paragraph (1) shall report-- (A) the amount of payments received by the Association during the fiscal year of the Association for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act; (B) the amount expended by the Association from the proceeds of such surcharges during the fiscal year of the Association for which the audit is conducted; and (C) whether all expenditures by the Association from the proceeds of such surcharges during the fiscal year of the Association for which the audit is conducted were for authorized purposes. (3) Responsibility of association to account for expenditures of surcharges.--The Association shall take appropriate steps, as a condition for receiving any payment of any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the Association in each fiscal year of the Association can be accounted for separately from all other revenues and expenditures of the Association. (4) Submission of audit report.--Not later than 90 days after the end of any fiscal year of the Association for which an audit is required under paragraph (1), the Association shall-- (A) submit a copy of the report to the Secretary of the Treasury; and (B) make a copy of the report available to the public. (5) Use of surcharges for audits.--The Association may use any amount received from payments derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act to pay the cost of an audit required under paragraph (1). (6) Waiver of subsection.--The Secretary of the Treasury may waive the application of any paragraph of this subsection to the Association for any fiscal year after taking into account the amount of surcharges which the Association received or expended during such year. (7) Availability of books and records.--The Association shall provide, as a condition for receiving any payment derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the Association, or by any independent public accountant who audited the Association in accordance with paragraph (1), which may relate to the receipt or expenditure of any such amount by the Association. (c) Use of Agents or Attorneys to Influence Commemorative Coin Legislation.--No portion of any payment to the Association from amounts derived from the proceeds of surcharges imposed on the sale of coins issued under this Act may be used, directly or indirectly, by the Association to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to the coins minted and issued under this Act. Passed the House of Representatives September 17, 1996. Attest: ROBIN H. CARLE, Clerk.

George Washington Commemorative Coin Act of 1996 - Requires the Secretary of Treasury (the Secretary) to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association (the Association). Conditions such distribution upon specified audit requirements, including submission of an audited financial statement demonstrating to the Secretary's satisfaction that the Association has raised funds from private sources equal to or greater than the maximum amount it may receive from surcharge proceeds.

George Washington Commemorative Coin Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America Together Act of 2005''. SEC. 2. BORDER PATROL AUXILIARY. (a) Establishment.-- (1) In general.--The Secretary of Homeland Security (in this Act referred to as the ``Secretary'') shall establish a Border Patrol Auxiliary (in this Act referred to as the ``Auxiliary'') as an organization under the direction of the Secretary. For command, control, and administrative purposes, the Auxiliary shall include such organizational elements and units as are approved by the Secretary. The Auxiliary organization and its officers shall have such rights, privileges, powers, and duties as may be granted to them by the Secretary, consistent with this Act and other applicable provisions of law. The Secretary may delegate to officers of the Auxiliary the authority vested in the Secretary by this section, in the manner and to the extent the Secretary considers necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary. (2) Duties.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall specify how best to use the Auxiliary. It is the intent of Congress that the Auxiliary be used to notify the Border Patrol if members see illegal aliens attempting to cross into the United States. (b) Exemption From Liability.--Each organizational element or unit of the Border Patrol Auxiliary organization (but excluding any corporation formed by an organizational element or unit of the Auxiliary under subsection (c)), shall, except when acting outside the scope of its authority, at all times be deemed to be an instrumentality of the United States, for purposes of the following: (1) Chapter 26 of title 28, United States Code (popularly known as the Federal Tort Claims Act). (2) Other matters related to noncontractual civil liability. (c) Incorporation.--The national board of the Auxiliary, and any Auxiliary district or region, may form a corporation under State law in accordance with policies established by the Secretary. (d) Limitations.--In no case shall a member of the Auxiliary bear firearms in connection with carrying out duties as such a member. SEC. 3. ELIGIBILITY, ENROLLMENTS. The Auxiliary shall be composed of citizens of the United States and its territories and possessions, who by reason of their special training or experience are deemed by the Secretary to be qualified for duty in the Auxiliary, and who may be enrolled therein pursuant to applicable regulations. The Secretary shall specify, not later than 6 months after the date of the enactment of this Act, the qualifications for members in the Auxiliary, including special training or experience required. SEC. 4. MEMBERS OF THE AUXILIARY; STATUS. (a) General Exemption From Treatment as Federal Employee.--Except as otherwise provided in this Act, a member of the Border Patrol Auxiliary shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this subsection shall constrain the Secretary from prescribing standards for the conduct and behavior of members of the Auxiliary. (b) Treatment as Federal Employee for Limited Purposes.--A member of the Auxiliary while assigned to duty shall be deemed to be a Federal employee only for the purposes of the following: (1) The provisions referred to in section 3(b). (2) Compensation for work injuries under chapter 81 of title 5, United States Code. (3) The resolution of claims relating to damage to or loss of personal property of the member incident to service under the Military Personnel and Civilian Employees' Claims Act of 1964 (31 U.S.C. 3721). (c) Removal of Actions.--A member of the Auxiliary, while assigned to duty, shall be deemed to be a person acting under an officer of the United States or an agency thereof for purposes of section 1442(a)(1) of title 28, United States Code. SEC. 5. DISENROLLMENT. Members of the Auxiliary may be disenrolled pursuant to applicable regulations of the Secretary. SEC. 6. USE OF MEMBER'S FACILITIES. The Department of Homeland Security may utilize for any purpose incident to carrying out its functions and duties as authorized by the Secretary any vehicle at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof. SEC. 7. AVAILABILITY OF APPROPRIATIONS. (a) In General.--Appropriations of the Border Patrol shall be available for the payment of actual necessary traveling expense and subsistence, or commutation of ration allowance in lieu of subsistence, of members of the Auxiliary assigned to authorized duties and for actual necessary expenses of operation of any vehicle when assigned to Border Patrol duty, but shall not be available for the payment of compensation for personal services, incident to such operation, other than to personnel of the Border Patrol. The term ``actual necessary expenses of operation'', as used in this section, shall include payment for fuel, oil, water, supplies, provisions, replacement or repair of equipment, repair of any damaged vehicle and for the constructive or actual loss of any vehicle where it is determined, under applicable regulations, that responsibility for the loss or damage necessitating such replacement or repair of equipment, or for the damage or loss, constructive or actual, of such vehicle rests with the Border Patrol. (b) Interest.--The Secretary may pay interest on a claim under this section in any case in which a payment authorized under this section is not made within 60 days after the submission of the claim in a manner prescribed by the Secretary. The rate of interest for purposes of this section shall be the annual rate established under section 6621 of the Internal Revenue Code of 1954. SEC. 8. ASSIGNMENT AND PERFORMANCE OF DUTIES. No member of the Auxiliary, solely by reason of such membership, shall be vested with, or exercise, any right, privilege, power, or duty vested in or imposed upon the personnel of the Border Patrol, except that any such member may, under applicable regulations, be assigned duties, which, after appropriate training and examination, he has been found competent to perform, to effectuate the purposes of the Auxiliary. No member of the Auxiliary shall be placed in charge of a vehicle assigned to the Border Patrol duty unless he has been specifically designated by authority of the Secretary to perform such duty. Members of the Auxiliary, when assigned to duties as herein authorized shall, unless otherwise limited by the Secretary, be vested with the same power and authority, in the execution of such duties, as members of the regular Border Patrol assigned to similar duty. When any member of the Auxiliary is assigned to such duty he may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in conformity with standardized Government travel regulations in lieu of subsistence, while traveling and while on duty away from his home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Government, and no per diem shall be paid for any period while such member is performing duty on a vehicle. SEC. 9. INJURY OR DEATH IN LINE OF DUTY. When any member of the Auxiliary is physically injured or dies as a result of physical injury incurred while performing any duty to which he has been assigned by competent Border Patrol authority, such member or his beneficiary shall be entitled to the same benefits provided for temporary members of the Patrol who suffer physical injury or death resulting from physical injury incurred incident to service. Members of the Auxiliary who incur physical injury or contract sickness or disease while performing any duty to which they have been assigned by competent Border Patrol authority shall be entitled to the same hospital treatment afforded members of the Border Patrol. The performance of a duty as the term is used in this section includes time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary.

Protecting America Together Act of 2005 - Directs the Secretary of Homeland Security to establish a Border Patrol Auxiliary. States that: (1) it is the intent of Congress that the Auxiliary be used to notify the Border Patrol if members see illegal aliens attempting to cross the U.S. border; (2) each Auxiliary organization shall be deemed to be a U.S. instrumentality when operating within the scope of its authority and exempt from federal tort claims and noncontractual civil liability; and (3) Auxiliary members shall not be considered to be federal employees except as provided for by this Act.

To provide for establishment of a Border Patrol Auxiliary.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Medical Device Pricing Act of 2007''. SEC. 2. REPORTING OF SALES PRICE DATA FOR IMPLANTABLE MEDICAL DEVICES. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``SEC. 1898. REPORTING OF SALES PRICE DATA FOR IMPLANTABLE MEDICAL DEVICES. ``(a) Collection of Sales Price Data.-- ``(1) Quarterly reports from manufacturers of covered medical devices.--Not later than the date that is 30 days after the last day of each fiscal year quarter beginning on or after January 1, 2009, in the case of a covered medical device that is used in a procedure identified under subsection (b), each manufacturer of such device shall submit to the Secretary, in such form as the Secretary shall require, the following: ``(A) The name of the manufacturer of the covered medical device. ``(B) The name of the covered medical device. ``(C) The category type of the covered medical device (using a nomenclature specified by the Secretary for categorizing medical devices in order to ensure consistent reporting). ``(D) The hospital inpatient procedure or hospital outpatient procedure identified under subsection (b) with respect to which the medical device was used during the quarter. ``(E) The average and median sales price of the covered medical device. ``(F) Such other information as the Secretary requires, including the unit of measure used to determine the number of medical devices sold by the manufacturer. ``(2) Penalties for noncompliance.-- ``(A) Failure to submit information.--Any manufacturer of a covered medical device that fails to submit information required under paragraph (1) in accordance with regulations promulgated to carry out such paragraph, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each such failure. ``(B) Misrepresentation.--Any manufacturer of a covered medical device that misrepresents the average or median sales price of such device in information submitted under paragraph (1) shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each such misrepresentation and for each day in which such misrepresented average or median sales price is made publicly available under subsection (c). ``(C) Imposition and collection.--A penalty under subparagraph (A) or (B) shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. ``(3) Definitions.--In this section: ``(A) Average sales price.-- ``(i) In general.--Subject to clauses (ii) and (iii), the term `average sales price' means, of a covered medical device for a fiscal year quarter for a manufacturer for a unit-- ``(I) the manufacturer's sales to all purchasers (excluding sales exempted in clause (ii)) in the United States for such covered medical device in the quarter; divided by ``(II) the total number of such units of such covered medical device sold by the manufacturer in such quarter. ``(ii) Certain sales exempted from computation.--In calculating the manufacturer's average sales price under this subparagraph, certain sales may be excluded in the case where the Secretary determines such exclusion is appropriate. ``(iii) Sale price net of discounts.--In calculating the manufacturer's average sales price under this subparagraph, such price shall include volume discounts, cash discounts, free goods and services that are contingent on any purchase requirement, chargebacks, and rebates, and any other discounts or price concessions the Secretary determines to be appropriate (using a methodology developed by the Secretary to estimate costs during the quarter that are attributable to discounts and price concessions). ``(B) Covered medical device.--The term `covered medical device' means any device for which payment is available under title XVIII or a State plan under title XIX or XXI (or a waiver of such a plan). ``(C) Median sales price.-- ``(i) In general.--Subject to clauses (ii) and (iii), the term `median sales price' means, of a covered medical device for a fiscal year quarter for a manufacturer for a unit, the median of all sales by the manufacturer to purchasers (excluding sales exempted in clause (ii)) in the United States for such covered medical device in the quarter. ``(ii) Certain sales exempted from computation.--In calculating the manufacturer's median sales price under this subparagraph, certain sales may be excluded in the case where the Secretary determines such exclusion is appropriate. ``(iii) Sale price net of discounts.--In calculating the manufacturer's median sales price under this subparagraph, such price shall include volume discounts, cash discounts, free goods and services that are contingent on any purchase requirement, chargebacks, and rebates, and any other discounts or price concessions the Secretary determines to be appropriate (using a methodology developed by the Secretary to estimate costs during the quarter that are attributable to discounts and price concessions). ``(b) Identification of Procedures.--For purposes of subsection (a), the Secretary shall identify-- ``(1) all hospital inpatient procedures for which payment is provided under section 1886(d) that involve the implantation of a medical device; and ``(2) all hospital outpatient procedures for which payment is provided under section 1833(t) that involve the implantation of a medical device. ``(c) Public Availability.--Not later than April 30, 2009, the Secretary shall establish procedures to ensure that the information reported under subsection (a) is readily accessible to the public through the Internet website of the Centers for Medicare & Medicaid Services in a manner that is easily searchable, downloadable, and understandable. Such procedures shall ensure that the website is updated each quarter as new information is reported under such subsection.''.

Transparency in Medical Device Pricing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require manufacturers of implantable medical devices to report annually to the Secretary of Health and Human Services on sales prices and related data about such devices.

A bill to amend title XVIII of the Social Security Act to provide for the reporting of sales price data for implantable medical devices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Low-Income Children Presumptive Eligibility Amendments of 1997''. SEC. 2. MEDICAID PRESUMPTIVE ELIGIBILITY FOR LOW-INCOME CHILDREN. (a) In General.--Title XIX of the Social Security Act is amended by inserting after section 1920 the following new section: ``presumptive eligibility for children ``Sec. 1920A. (a) A State plan approved under section 1902 may provide for making medical assistance with respect to health care items and services covered under the State plan available to a child during a presumptive eligibility period. ``(b) For purposes of this section: ``(1) The term `child' means an individual under 19 years of age. ``(2) The term `presumptive eligibility period' means, with respect to a child, the period that-- ``(A) begins with the date on which a qualified entity determines, on the basis of preliminary information, that the family income of the child does not exceed the applicable income level of eligibility under the State plan, and ``(B) ends with (and includes) the earlier of-- ``(i) the day on which a determination is made with respect to the eligibility of the child for medical assistance under the State plan, or ``(ii) in the case of a child on whose behalf an application is not filed by the last day of the month following the month during which the entity makes the determination referred to in subparagraph (A), such last day. ``(3)(A) Subject to subparagraph (B), the term `qualified entity' means any entity that-- ``(i)(I) is eligible for payments under a State plan approved under this title and provides items and services described in subsection (a) or (II) is authorized to determine eligibility of a child to participate in a Head Start program under the Head Start Act (42 U.S.C. 9821 et seq.), eligibility of a child to receive child care services for which financial assistance is provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), eligibility of an infant or child to receive assistance under the special supplemental nutrition program for women, infants, and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and ``(ii) is determined by the State agency to be capable of making determinations of the type described in paragraph (1)(A). ``(B) The Secretary may issue regulations further limiting those entities that may become qualified entities in order to prevent fraud and abuse and for other reasons. ``(C) Nothing in this section shall be construed as preventing a State from limiting the classes of entities that may become qualified entities, consistent with any limitations imposed under subparagraph (B). ``(c)(1) The State agency shall provide qualified entities with-- ``(A) such forms as are necessary for an application to be made on behalf of a child for medical assistance under the State plan, and ``(B) information on how to assist parents, guardians, and other persons in completing and filing such forms. ``(2) A qualified entity that determines under subsection (b)(1)(A) that a child is presumptively eligible for medical assistance under a State plan shall-- ``(A) notify the State agency of the determination within 5 working days after the date on which determination is made, and ``(B) inform the parent or custodian of the child at the time the determination is made that an application for medical assistance under the State plan is required to be made by not later than the last day of the month following the month during which the determination is made. ``(3) In the case of a child who is determined by a qualified entity to be presumptively eligible for medical assistance under a State plan, the parent, guardian, or other person shall make application on behalf of the child for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made, which application may be the application used for the receipt of medical assistance by individuals described in section 1902(l)(1). ``(d) Notwithstanding any other provision of this title, medical assistance for items and services described in subsection (a) that-- ``(1) are furnished to a child-- ``(A) during a presumptive eligibility period, ``(B) by a entity that is eligible for payments under the State plan; and ``(2) are included in the care and services covered by a State plan; shall be treated as medical assistance provided by such plan for purposes of section 1903.''. (b) Conforming Amendments.--(1) Section 1902(a)(47) of such Act (42 U.S.C. 1396a(a)(47)) is amended by inserting before the semicolon at the end the following: ``and provide for making medical assistance for items and services described in subsection (a) of section 1920A available to children during a presumptive eligibility period in accordance with such section''. (2) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C. 1396b(u)(1)(D)(v)) is amended by inserting before the period at the end the following: ``or for items and services described in subsection (a) of section 1920A provided to a child during a presumptive eligibility period under such section''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Medicaid Low-Income Children Presumptive EligibilityAmendments of 1997 - Amends title XIX (Medicaid) of the Social Security Act to permit presumptive eligibility for low-income children under the Medicaid program.

Medicaid Low-Income Children Presumptive Eligibility Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humanitarian Exports Leading to Peace Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Iraqi people suffered under a decade of war and continue to suffer under a repressive regime and the most comprehensive economic sanctions ever imposed on any country. (2) The economic sanctions have caused extraordinary hardship on the people of Iraq and failed to weaken the leadership of Iraq, and have undermined the institutions of civil society which are necessary for democratic political life. (3) The investigative panel established by the United Nations Security Council and other independent bodies have confirmed that the United Nations Oil-for-Food program has failed to adequately meet the needs of the Iraqi people. (4) According to the United States Department of Agriculture, Iraq represents a potential market for nearly $1,000,000,000 in agricultural products from the United States. (5) The sanctions regime continues to harm the Iraqi population for the crimes of its leaders and has not served either the goal of the United States of punishing Iraq's leaders or disarming weapons of mass destruction. (6) Rigorous weapons inspections and adequate provision for civilian needs in Iraq are not mutually exclusive. (7) The devastating effect of the economic sanctions on Iraq has been reported by numerous international and independent bodies, including the following: (A) The Center for Economic and Social Rights of the United Nations documented dramatic increases in malnutrition and disease, leading to the deaths of hundreds of thousands of children under the age of 5 since 1991. (B) UNICEF reported in 1995 that ``no significant movement towards food security can be achieved so long as the embargo remains in place''. Further, despite the Oil-for-Food Program, UNICEF reported in July 1999 survey findings that ``Both the infant mortality rate and the under-five mortality rate consistently show a major increase in mortality over the 10 years preceding the survey. More specifically, the results show that the infant mortality rate has increased from 47 deaths per 1,000 live births for the period 1984-89, to 108 deaths per 1,000 live births for the period 1994-99.''. (C) A report authorized by the United National Security Council on March 30, 1999, found that ``the gravity of the humanitarian situation of the Iraqi people is indisputable and cannot be overstated.''. Further, it emphasized that ``Even if not all suffering in Iraq can be imputed to external factors, especially sanctions, the Iraqi people would not be undergoing such deprivations in the absence of the prolonged measures imposed by the Security Council and the effects of the war''. (D) UNICEF and the World Food Program found in 1997 that ``One out of every 4 young Iraqi children is malnourished. More than 750,000 children are suffering from malnutrition''. SEC. 3. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH IRAQ TO ALLOW FOR THE EXPORT OF FOOD, MEDICINES, AND CERTAIN OTHER PRODUCTS. The sanctions applied with respect to Iraq under the Iraq Sanctions Act of 1990 (sections 586-586J of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513)) or any other provision of law shall not apply with respect to the export to Iraq of any food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the sale or delivery to Iraq of food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment. SEC. 4. ADMINISTRATION BY SECRETARY OF COMMERCE. (a) Administration by Secretary of Commerce.--The Secretary of Commerce shall exercise the authorities of the Export Administration Act of 1979, as in effect pursuant to the International Emergency Economic Powers Act, to carry out section 3, except that-- (1) the Secretary may not require a license for the export of any of the items to which section 3 applies; but (2) the Secretary shall require persons exporting such items to notify the Secretary of such exports. (b) Regulations.--The Secretary of Commerce shall issue such regulations as are necessary to carry out section 3. SEC. 5. CONFORMING AMENDMENT. Section 906(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the 106th Congress, as enacted into law by section 1(a) of Public Law 106-387) is amended by inserting ``(other than Iraq)'' after ``government of a country''. SEC. 6. SENSE OF CONGRESS. It is the sense of the Congress that the United States Government should take all necessary steps to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution. Such steps should include, but not be limited to, using its position as a permanent member of the United Nations Security Council-- (1) to lift the economic sanctions on Iraq so as to allow exports and travel referred to in section 3; and (2) to recommend a ban on transfers of weapons to Iraq by countries that are members of the United Nations. SEC. 7. REPORT TO CONGRESS. Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the Congress a report that sets forth-- (1) the extent (expressed in volume and dollar amounts) of sales to Iraq of food and other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, and medical equipment, since the enactment of this Act; (2) the impact the exports have had on food security in Iraq; (3) a description of the types and end users of the goods so exported; (4) whether there has been any indication that any medicines, medical supplies, medical instruments, or medical equipment exported to Iraq since the enactment of this Act-- (A) have been diverted by the Government of Iraq or any other third party from the intended recipients; or (B) have been used for any unintended nonhumanitarian or dual-use purposes; and (5) what steps the United States has taken through the United Nations, with the cooperation of Security Council members, to-- (A) lift nonmilitary sanctions on Iraq, including actions described in section 6; or (B) impose a strict regional arms control regime pursuant to Article 14 of Security Council Resolution 687.

Humanitarian Exports Leading to Peace Act of 2001 - Declares that certain sanctions prohibiting trade with Iraq under the Iraq Sanctions Act of 1990 or any other provision of law shall not apply with respect to the export of any food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the sale or delivery of such items.Directs the Secretary of Commerce to exercise the authorities of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act) to carry out this Act; except that the Secretary may not require a license for the export of humanitarian assistance, but shall require persons to notify the Secretary when exporting such assistance.Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to repeal a specified section prohibiting the export to Iraq of agricultural commodities (including the financing of their sale), medicine, or medical devices, and travel (effectively allowing the export of such commodities and travel to such country).Expresses the sense of Congress that the U.S. Government should take all necessary steps to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution. Urges the U.S. Government to use its position as a permanent member of the United Nations (UN) Security Council to lift the economic sanctions on Iraq so as to allow such exports and travel there, and to recommend a ban on transfers of weapons to such country by countries that are members of the UN.

To provide the people of Iraq with access to food and medicines from the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Economic Recovery Coordination Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to assist eligible regions affected by sudden and severe economic dislocation by-- (1) identifying and coordinating Federal, State, and local economic development resources; (2) providing technical assistance in support of regional economic development strategies; and (3) integrating public and private economic development strategies for such regions. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Regional Economic Adjustment appointed under section 4(b). (2) Eligible region.--The term ``eligible region'' means a region that-- (A) has been certified by the Director under section 5(a); and (B) has established a Regional Economic and Workforce Development Coordinating Committee under section 6(a). (3) Mass layoff.--The term ``mass layoff'' has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101). (4) Office.--The term ``Office'' means the Office of Regional Economic Adjustment established under section 4(a). (5) Plant closing.--The term ``plant closing'' has the meaning given the term in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101). (6) Rural community.--The term ``rural community'' means a community that has a rural-urban continuum code of 4, 5, 6, 7, 8, or 9, as defined by the Economic Research Service of the Department of Agriculture. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Sudden and severe economic dislocation.--The term ``sudden and severe economic dislocation'' has the same meaning as such term when used in section 209(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149). (9) Urban community.--The term ``urban community'' means a community that has a rural-urban continuum code of 1, 2, or 3, as defined by the Economic Research Service of the Department of Agriculture. SEC. 4. OFFICE OF REGIONAL ECONOMIC ADJUSTMENT. (a) Establishment.--There is established in the Department of Commerce an office to be known as the ``Office of Regional Economic Adjustment''. (b) Director.--The Director of the Office of Regional Economic Adjustment shall be the head of the Office. The Director shall be appointed by the Secretary from among individuals qualified to perform the duties of the position. (c) Personnel.--The Office shall have such staff as may be necessary to carry out the functions described in subsection (d). (d) Functions.--The functions of the Office are as follows: (1) To provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible regions. (2) To assist the Assistant Secretary of Commerce for Economic Development in making the central information clearinghouse maintained under section 502(1) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3192(1)) readily accessible to States and eligible regions so that such States and regions can easily obtain information regarding economic adjustment assistance available to them under Federal law. (3) To coordinate the Federal response to eligible regions undergoing sudden and severe economic dislocation by-- (A) identifying all Federal, State, and local resources that are available to assist such regions in recovering from sudden and severe economic dislocation; (B) ensuring that all Federal agencies offering economic adjustment assistance to such regions do so in a targeted, integrated manner that ensures that officials of such regions are aware of all available Federal assistance for the economic adjustment of such regions; (C) ensuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for such regions; (D) identifying and strengthening existing agency mechanisms designed to assist such regions in economic adjustment and workforce redeployment; (E) applying, to the extent practicable, consistent policies, practices, and procedures in the administration of Federal programs that are used to assist with the economic adjustment of such regions; (F) creating, maintaining, and using a uniform economic database to analyze regional economic adjustment activities; and (G) upon request by an eligible region, assigning a Federal economic recovery coordinator to work with the region in accordance with section 7. (4) To provide comprehensive technical assistance to any eligible region seeking to-- (A) identify serious economic problems in such region that result from a sudden and severe economic dislocation; (B) integrate the major groups and organizations significantly affected by the economic adjustment of such region; (C) access Federal, State, and local resources designed to assist in the economic adjustment and workforce development of such region; (D) explore layoff aversion strategies, including employee ownership and alternate financing; and (E) diversify and strengthen the economy of the region. (5) To establish an interagency regional economic adjustment working group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment or workforce development, including representatives of the following: (A) The Department of Agriculture. (B) The Department of Defense. (C) The Department of Education. (D) The Department of Labor. (E) The Department of Housing and Urban Development. (F) The Department of Health and Human Services. (G) The Small Business Administration. (H) The Department of the Treasury. (I) The Department of Commerce. (J) The National Economic Council. SEC. 5. NOTIFICATION AND CERTIFICATION. (a) Certification.--Not later than 15 days after the Secretary receives a notice under section 3(e) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)) with respect to a plant closing or mass layoff, the Director shall certify for purposes of this Act the region in which the plant closing or mass layoff is located if 1 or more of the following conditions apply: (1) Number of job losses.-- (A) Urban community.--In the case that the region is comprised of an urban community, not fewer than 500 individuals employed in such community have received written notices under section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) in the most recent 6-month period for which data are available. (B) Rural community.--In the case that the region is comprised of a rural community, not fewer than 300 individuals employed in such community have received such written notices in the most recent 6-month period for which data are available. (2) Percent of workforce unemployed.--The unemployment rate for the region is not less than 1 percent greater than the national unemployment rate for the most recent 12-month period for which data are available through the Bureau of Labor Statistics. (b) Notification to Certified Regions.--Not later than 15 days after the Director certifies a region under subsection (a), the Director shall notify the Governor of the State of such region and the officials of the region-- (1) of such certification; (2) of the provisions of this Act; (3) how to access the central information clearinghouse maintained under section 502(1) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3192(1)); and (4) how to obtain the technical assistance described in section 4(d)(4). SEC. 6. REGIONAL ECONOMIC AND WORKFORCE DEVELOPMENT COORDINATING COMMITTEE. (a) Establishment.--A region may establish a committee in accordance with the provisions of this section to be known as a ``Regional Economic and Workforce Development Coordinating Committee'' (in this section referred to as a ``Committee''). (b) Composition of a Committee.-- (1) Local participation.--A Committee established by a region under subsection (a) shall be composed of representatives of the groups significantly affected by sudden and severe economic dislocation in such region, such as-- (A) State, tribal, municipal, county, and regional governments; (B) planning boards; (C) local businesses; (D) labor and health organizations; (E) 2-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (F) vocational institutions; and (G) religious and other community-based groups that provide assistance to the workers of the region and the families of such workers. (2) Federal participation.--A Committee of a region shall have as ex officio members the following: (A) A Federal economic recovery coordinator assigned by the Director under section 7(a) to such region. (B) Such representatives of Federal agencies as the coordinator described in subparagraph (A) considers necessary. (3) Existing organization.--A region may designate an existing organization in the region as a Committee for purposes of this Act if the organization meets the requirements under paragraphs (1) and (2). (c) Duties.--The duties of a Committee of a region are as follows: (1) To ascertain the severity of the economic dislocation of the region, including consideration of measures of unemployment rates and employment opportunities. (2) To assess the capacity of the region to respond to such economic dislocation and the needs of such region as such region undertakes economic adjustment, taking into consideration such factors as the following: (A) The number of jobs lost as a result of the economic dislocation. (B) The size of the region. (C) The diversity of industries in the region. (D) The skills of the labor force in the region. (E) The condition of the labor market of the region. (F) The availability of financial resources in the region. (G) The quality and availability of educational facilities, including 2-year institutions of higher education and vocational institutions, that serve the region. (3) To facilitate a dialogue between concerned interests in the region, represent the impacted region, and ensure all interests in the region work collaboratively toward collective goals without duplication of effort or resources. (4) To create an executive council with an equitable representation of regional interests to ensure coordination and cooperation among all stakeholders of the region. SEC. 7. FEDERAL ECONOMIC RECOVERY COORDINATORS. (a) Assignment.--Upon the request of an eligible region, the Director shall assign a Federal economic recovery coordinator to such region to carry out the duties described in subsection (b). (b) Duties.--The duties of a Federal economic recovery coordinator assigned under subsection (a) to an eligible region are as follows: (1) To provide technical assistance to the eligible region and assist in the development of a comprehensive economic development strategy (as used in sections 203 and 302 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143 and 3162)) for such region, including applying for applicable grants to develop or implement such plan. (2) At the local or regional level, to coordinate the response of all Federal agencies offering economic adjustment assistance to the eligible region. (3) Serve as an ex officio member of the Regional Economic and Workforce Development Coordinating Committee of such region established under section 6(a). (4) To act as a liaison between the Regional Economic and Workforce Development Coordinating Committee established by the eligible region and all Federal agencies that offer economic adjustment assistance to eligible regions, including the following: (A) The Department of Agriculture. (B) The Department of Defense. (C) The Department of Education. (D) The Department of Labor. (E) The Department of Housing and Urban Development. (F) The Department of Health and Human Services. (G) The Small Business Administration. (H) The Department of the Treasury. (I) The National Economic Council. (J) The Department of Commerce. (5) To report regularly to the Director regarding the progress of economic adjustment in the eligible region. (6) To perform such other duties as the Secretary or the Director consider appropriate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2009 through 2011. SEC. 9. NOTICE TO THE SECRETARY. Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended by adding at the end the following: ``(e) Notice to the Secretary.--Not later than 60 days after a plant closing or mass layoff, the employer involved shall submit to the Secretary of Labor and the Secretary of Commerce separate notifications of the closing or layoff and the number of employees affected by such closing or layoff.''.

Regional Economic Recovery Coordination Act of 2009 - Establishes in the Department of Commerce the Office of Regional Economic Adjustment, headed by a Director, to: (1) lead, support, and coordinate a program to address economic dislocation in eligible regions (regions undergoing sudden and severe economic dislocation); (2) assist in making a specified central information clearinghouse available to states and eligible regions; (3) coordinate the federal response and provide comprehensive technical assistance to eligible regions; and (4) establish an interagency regional economic adjustment working group. Requires the Director, after notification of certain plant closings or mass employee layoffs, to certify that region as an eligible region for purposes of benefits under this Act. Authorizes a region to establish a Regional Economic and Workforce Development Coordinating Committee to, among other things: (1) ascertain the severity of the region's economic dislocation; and (2) assess the region's capacity to respond to the economic dislocation and its needs as it undertakes economic adjustment. Requires the Director to assign a federal economic recovery coordinator to each eligible region. Amends the Worker Adjustment and Retraining Notification Act to require the employer involved to notify the Secretaries of Labor and Commerce of a plant closing or layoff and the number of employees affected.

A bill to establish the Office of Regional Economic Adjustment in the Department of Commerce, to assist regions affected by sudden and severe economic dislocation by coordinating Federal, State, and local resources for economic adjustment and by providing technical assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Center Network Enhancement Act of 2018''. SEC. 2. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE NUMBER. Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) is amended to read as follows: ``SEC. 1271. ESTABLISHMENT AND MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER AND ENHANCED COMMUNICATIONS CAPABILITIES. ``(a) In General.--The Secretary shall provide coordination and assistance to poison control centers for-- ``(1) the development, establishment, implementation, and maintenance of a nationwide toll-free phone number; and ``(2) the enhancement of communications capabilities, which may include text capabilities. ``(b) Consultation.--The Secretary may consult with nationally recognized professional organizations in the field of poison control to determine the best and most effective means of achieving the goals described in paragraphs (1) and (2) of subsection (a). ``(c) Rule of Construction.--In assisting with public health emergencies, responses, or preparedness, nothing in this section shall be construed to restrict the work of poison control centers or the use of their resources by the Secretary or other governmental agencies. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $700,000 for each of fiscal years 2019 through 2023.''. SEC. 3. REAUTHORIZATION OF NATIONWIDE PUBLIC AWARENESS CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION. Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72) is amended to read as follows: ``SEC. 1272. NATIONWIDE PUBLIC AWARENESS CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION AND THEIR PUBLIC HEALTH EMERGENCY RESPONSE CAPABILITIES. ``(a) In General.--The Secretary shall-- ``(1) carry out, and expand upon, a national public awareness campaign to educate the public and health care providers about-- ``(A) poisoning, toxic exposure, and drug misuse prevention; and ``(B) the availability of poison control center resources in local communities; and ``(2) as part of such campaign, highlight the nationwide toll-free number and enhanced communications capabilities supported under section 1271. ``(b) Consultation.--In carrying out and expanding upon the national campaign under subsection (a), the Secretary may consult with nationally recognized professional organizations in the field of poison control response for the purpose of determining the best and most effective methods for achieving public awareness. ``(c) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with one or more public or private entities, including nationally recognized professional organizations in the field of poison control and national media firms, for the development and implementation of the awareness campaign under subsection (a), which may include-- ``(1) the development and distribution of poisoning and toxic exposure prevention, poison control center, and public health emergency awareness and response materials; ``(2) television, radio, internet, and newspaper public service announcements; and ``(3) other means and activities to provide for public and professional awareness and education. ``(d) Evaluation.--The Secretary shall-- ``(1) establish baseline measures and benchmarks to quantitatively evaluate the impact of the nationwide public awareness campaign carried out under this section; and ``(2) on a biennial basis, prepare and submit to the appropriate committees of Congress an evaluation of the nationwide public awareness campaign. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $800,000 for each of fiscal years 2019 through 2023.''. SEC. 4. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM. Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73) is amended to read as follows: ``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM. ``(a) Authorization of Program.--The Secretary shall award grants to poison control centers accredited under subsection (c) (or granted a waiver under subsection (d)) and nationally recognized professional organizations in the field of poison control for the purposes of-- ``(1) preventing, and providing treatment recommendations for, poisonings and toxic exposures including opioid and drug misuse; ``(2) assisting with public health emergencies, responses, and preparedness; and ``(3) complying with the operational requirements needed to sustain the accreditation of the center under subsection (c). ``(b) Additional Uses of Funds.--In addition to the purposes described in subsection (a), a poison center or professional organization awarded a grant under such subsection may also use amounts received under such grant-- ``(1) to research, establish, implement, and evaluate best practices in the United States for poisoning prevention, poison control center outreach, opioid and drug misuse information and response, and public health emergency, response, and preparedness programs; ``(2) to research, develop, implement, revise, and communicate standard patient management guidelines for commonly encountered toxic exposures; ``(3) to improve national toxic exposure and opioid misuse surveillance by enhancing cooperative activities between poison control centers in the United States and the Centers for Disease Control and Prevention and other governmental agencies; ``(4) to research, improve, and enhance the communications and response capability and capacity of the Nation's network of poison control centers to facilitate increased access to the centers through the integration and modernization of the current poison control centers communications and data system, including enhancing the network's telephony, internet, data, and social networking technologies; ``(5) to develop, support, and enhance technology and capabilities of nationally recognized professional organizations in the field of poison control to collect national poisoning, toxic occurrence, and related public health data; ``(6) to develop initiatives to foster the enhanced public health utilization of national poison data collected by such organizations; ``(7) to support and expand the toxicologic expertise within poison control centers; and ``(8) to improve the capacity of poison control centers to answer high volumes of contacts and internet communications, and to sustain and enhance the poison control center's network capability to respond during times of national crisis or other public health emergencies. ``(c) Accreditation.--Except as provided in subsection (d), the Secretary may award a grant to a poison control center under subsection (a) only if-- ``(1) the center has been accredited by a nationally recognized professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for accreditation that reasonably provide for the protection of the public health with respect to poisoning; or ``(2) the center has been accredited by a State government, and the Secretary has approved the State government as having in effect standards for accreditation that reasonably provide for the protection of the public health with respect to poisoning. ``(d) Waiver of Accreditation Requirements.-- ``(1) In general.--The Secretary may grant a waiver of the accreditation requirements of subsection (c) with respect to a nonaccredited poison control center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such an accreditation within a reasonable period of time as determined appropriate by the Secretary. ``(2) Renewal.--The Secretary may renew a waiver under paragraph (1). ``(3) Limitation.--The Secretary may not, after the date of enactment of the Poison Control Network Enhancement Act of 2018, grant to a poison control center waivers or renewals that total more than 5 years. ``(e) Supplement Not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, or local funds provided for such center. ``(f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the annual recurring expenditures of the center for its activities at a level that is not less than 80 percent of the average level of such recurring expenditures maintained by the center for the preceding 3 fiscal years for which a grant is received. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $28,600,000 for each of fiscal years 2019 through 2023. The Secretary may utilize an amount not to exceed 6 percent of the amount appropriated pursuant to the preceding sentence for each fiscal year for coordination, dissemination, technical assistance, program evaluation, data activities, and other program administration functions, which are determined by the Secretary to be appropriate for carrying out the program under this section.''. Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Poison Center Network Enhancement Act of 2018 This bill amends the Public Health Service Act to reauthorize for FY2020-FY2024 and revise the national toll-free phone number, public awareness campaign, and grant program relating to poison control centers. Among other changes, the bill: supports enhancements of the national toll-free phone number, such as texting capabilities and improved location accuracy; expands the public awareness campaign to include education about information that is available from poison control centers regarding drug misuse; and authorizes poison control centers and professional organizations to use grant funds for preventing and treating the misuse of opioids and other drugs.

Poison Center Network Enhancement Act of 2018